DEEPTI SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of CWP Nos. 1231, 1003, 1013, 1080, 1109, 1179, 1189, 1405, 1412, 1428 of 2008, as common question of law involved in all the writ petitions is about the arbitrariness and validity of Ordinance 3.3(A) of the First Ordinance of H.P. University 1973 (for short, Ordinance) and 2008 -09 prospectus of Himachal Pradesh University (for short, University) in fixing upper age limit for admission to Bachelor of Education (B.Ed.) course.

(2.) THE grievance of the petitioners is that they want to join B.Ed. course for the session 2008 -09 for which the University has issued prospectus. According to prospectus boys candidates should not be more than 26 years and girls 28 years under general category on 1.7.2008. The eligibility for applying to B.Ed. course as per prospectus 2008 -09 (Annexure P -2 in CWP No. 1231 of 2008) is as follows:

(3.) THE petitioners have pleaded that norms and standards for B.Ed. course have been laid by the Council under the Central Act. The norms, standards for B.Ed. course fixed in the Ordinance and prospectus of the University are in conflict with the norms and standards fixed by the Council for B. Ed. course. In fact, upper age limit of 26 years for boys and 28 years for girls in the norms for eligibility for B.Ed. course laid in the Ordinance and prospectus are repugnant to the norms and standards laid by the Council in the Regulations. In the regulations no upper age limit has been fixed for admission to B.Ed. course. The norms and standards fixed in the Regulations have occupied the field, therefore, the norms and standards of age fixed in Ordinance 3.3.(A) and prospectus fixing the upper age limit for admission to B.Ed. course for boys 26 years and for girls 28 years is to be ignored in the presence of Regulations of the Council and petitioners ' applications for B.Ed. course cannot be rejected on account of age bar. The fixing of upper age limit in Ordinance 3.3(A) and prospectus for admission to B.Ed course is arbitrary.