SUSHMA KHANDELWAL Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner prays for directions to the University of Rajasthan to grant admission to her in B. Ed. Course, Session 1988-89 in any of the Teachers Training Colleges in District Bharatpur.

(2.) AS per averments of the petitioner, she is a resident of Bharatpur District and appeared in the Pre-teachers Education Test (P. T. E. T.) 1988 for admission to B. Ed, Shiksha Shastri for the year 1988-89. The respondent, University of Rajasthan published "cut Out Point Statement for B. Ed. Common Colleges" Annexure-4 in the daily news-papers Rajasthan Patrika in its publication of October 21,1988. The Cut out point for women candidates (general candidates) of Arts in District Bharatpur was 292 vide Annexure-4. The petitioner had secured 345 marks in P. T. E. T. She, therefore, applied to the respondent University for admission in P. T. E. T. by a telegram and an application in writing. No admission was given to her by the respondent University and when she approached the University officials, she was informed that the matter for admission was closed. She, therefore, came to this court for seeking directions set out above.

(3.) THE cut out point of 292 marks was wrongly published in Ann. exure-4. THE cut out point for women students of Arts was 371 for common colleges and 347 for women Colleges in District Bharatpur. Admittedly, the petitioner secured 345 marks and, therefore, was not eligible for admission in B. Ed. course in any of the colleges of District Bharatpur. THE scene has however undergone a major change. THE petitioner was admittedly, of course, provisionally by the orders passed on 4. 11. 88 by a Division Bench of this Court. I am told that the petitioner was admitted and completed the full course of the relevant academic year. She thereafter appeared in the annual examinations in 1989. THE reply of the writ petition by the respondent University was filed on 22. 8. 89. No reply of the stay application was filed and no efforts were made by the respondent University to get the stay Order vacated. By the time the reply to the writ petition was filed, the petitioner had completed the full academic course of B. Ed. and also appeared in the annual examination. Of course, her result has not been declared so far. THE question now arises is whether the petition should be dismissed because the petitioner was not there in the merit list, after when she had completed B. Ed. course and appeared in the annual examination.