MISSSWETA Vs. VICE CHANCELLOR P U

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for a direction to respondents to consider the case of the petitioner for admission in B. Ed. Course in Patna Women's Training College, Patna for the session 1992-93 for which she has already been selected.

(2.) In counter affidavit filed on behalf of the respondents the foundational facts have been admitted.

(3.) The petitioner holds a Bachelor degree awarded by the Patna University. She has done her B. A. pass course from Science College, Patna during the session 1987-89. Pursuant to an advertisement (Annexure 'A' to the counter affidavit) she applied for her admission in B. Ed. course for the session 1992-93 in Patna Women's Training College, Patna. She has been selected for admission to the said course. Her name appeared at serial No. 12 of the result of reserved category of Fine Arts. The said list has also been approved by the University. After publication of the final selection list when she went to take her admission in the College, the Principal refused to take her admission on the ground that she does not possess B. A. Hons. degree. Face with this situation, the petitioner filed a representation before the Vice-Chancellor of Patna University on 8-8-1992. The Deputy Registrar of the Patna University informed the respondent Principal that he should act in accordance with the decision of the Bihar Inter University Board as contained in its letter dated 1-11-1990 which was duly communicated to the said principal as is evident from Annexure 2. The Bihar University Board in the said letter has clearly opined that the students who have acquired graduate degree on completion of 10+2+2 course are eligible for being admitted to B. Ed. course. But inspire of the said communication, the petitioner has not been favoured with the admission to the desired course for the reasons mentioned in reply sent by the Principal of the College to the Vice Chancellor, which has been filed as Annexure 3 to Writ application. The main reason assigned by the learned Principal for not taking the admission is that the petitioner has not passed B. A. Part III or Honours which according to her is the minimum qualification for admission to B. Ed. Course in Women's Training College. According to her the letter of the Inter University Board is not relevant to the issue because the petitioner may be eligible for admission but still she may not be found suitable. In paragraph S of her letter she has said something more about the suitability of the petitioner in the following terms :