PRAMILA GUPTA Vs. MOHAN LAL SUKHADIYA UNIVERSITY UDAIPUR

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India, by Pramila Gupta, for a direction to the respondents, to admit her to B. Ed. Course in Shri Bajrang Teachers' Training College, Deeg.

(2.) THE petitioner passed her B. A Examination in the year 1989, from the University of Rajasthan. She appeared at the PTET, conducted by the Mohanlal Sukhadia University, Udaipur, (for short hereinafter,"the Udaipur University") in the year 1990. She was declared to have passed the said test; and her marks sheet is (Annexure-1 ). THE petitioner received a call letter, issued by the Udaipur University, on 22nd Jan. , 91 wherein, it was mentioned that the petitioner might join the Course in Shri Dadhimati Shikshak Mahavid-hyalaya, Sriganganagar (for short hereinafter "the Sriganganagar Mahavidhyalaya"), and the last date for depositing the fees, was 25th Jan. 91. THE petitioner states that she is resident of Deeg, in Bharatpur District, and she was interested in taking admission in Bajrang Teachers Training College, Deeg (for short, "the Deeg College") : and she had contacted its Principal and requested him to give her admission to that college. THE Principal had assured the petitioner that if a direction was received from the Udaipur University to that effect, admission would be given to her to Deeg College. THE Principal, Deeg College had also written on the back of the call-letter that there were vacancies in the Deeg College; and that they were ready to give admission to the petitioner to that college, if direction in that respect was sought from the Udaipur University. Acting upon the assurance given by the Principal, Deeg College, the petitioner's brother had contacted the Officer-In charge of the PTET of the Udaipur University, and had presented before him, the call-letter. THE Officer-incharge had kept the call-letter with him and had given a letter, addressed to the Principal, Deeg College, wherein, it was mentioned that though the petitioner was allotted Sriganganagar Mahavidhyalaya, but, since there was no vacancy in that college, the petitioner had been allotted Deeg College. It was mentioned that the original certificates of the petitioner might be checked up and fees be deposited by 31. 01. 1991. THEreupon, the petitioner had contacted the Principal of the Deeg College, and presented before him, the letter of the Officer-incharge of the Udaipur University. But, the Principal, Deeg College did not accept it, and nor did he permit the petitioner to deposit the fees. THE petitioner was refused admission to Deeg College. THE petitioner has alleged that there was no vacancy in Sriganganagar Mahavidhyalaya, and that despite the directions of the Udaipur University, the Principal, Deeg College, arbitrarily refused her admission to B. Ed. Course in the Deeg College.

(3.) REFERENCE may here be made to the decision in Dr. Vinay Ram Pal v. State of Jammu & Kashmir & others (1 ). In that case, the petitioner was eligible for admission to the subject of General Medicine for MD Degree, in the year 1981, according to the qualifications and other requirement set out in the advertisement. It was urged that the advertisement was issued ignoring the Government instructions, if any, relevant to the subject. The instructions were not mentioned in the advertisement, and they were not in conformity with the rules. However, the sands of time had run out. The Supreme Court considered as to what relief the Court could grant to person unjustifiably refused admission, and a fresh answer was found. It was observed that the new academic-year was to commence sometime in September. It was directed that the petitioner should be admitted in the subject of General Medicine, for MD Degree, without any further test or selection during the academic year which was to commence not later than middle of September, 1983.