POOJA KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Although this case comes up on an application with a prayer to direct the respondents to allow the petitioner provisional admission in B.Ed. course, but with the consent of learned counsel for the parties this case is being decided finally.

(2.) It is the case of the petitioner that the respondents had issued an advertisement for PTET Examination, 2009. According to the said advertisement, persons studying in Final Year B.A. would be eligible to apply for in the said examination. Since the petitioner was studying in third year B.A., she applied for the same. According to the examination result, she had passed the said examination. Therefore, she was called for first round of counselling by Vardhman Mahaveer Open University, Kota. According to the allotment letter, issued by the Coordinator PTET, the petitioner was required to file her mark-sheet for B.A. III year. However, as the result of B.A. III year was not declared, the petitioner could not file the required mark-sheet. Therefore, respondent No.2, Baba Narsingh Das Mahila T.T. College, refused to admit the petitioner. Since her mark-sheet for the B.A. III year was not available, this petition was filed before this Court.

(3.) The learned counsel for the petitioner has contended that it is a case of grave hardship as the result of B.A. III year was declared after the last date for the counselling. He has further contended that since according to the advertisement a person studying in B.A. III years was eligible for participating in the examination, therefore, even if a mark-sheet was not available on the last date of counselling, still the person should be admitted by the college. After all, it is not the fault of the petitioner that the result for B.A. III year was not declared by the concerned authority. Hence, a sympathetic view should be taken and this Court should direct the respondents to admit the petitioner in the B.Ed. Course. Lastly, the petitioner's fees was accepted. The said fees is still lying with the concerned college. Moreover, enough seats are available in the B.Ed. Course, therefore, no prejudice would be caused to anyone, in case the petitioner were admitted to the B.Ed., course.