SHRIRAM SINGH Vs. MOHANLAL SUKHADIA UNIVERSITY

JUDGEMENT

(1.) This writ petition has been filed with a prayer that the provisions of the Pre-Teachers Education Test (PTET), 1990 may be struck down, which provide that a candidate should have studied the subsidiary / additional subjects for at least two years, are violative of Art.14 of the Constitution of India. The petitioner is resident of District Jhunjhunu. He passed B. Com. from the University of Rajasthan, in the year, 1987. The mark-sheet issued by the University is Anx. 2. In the year, 1988, he passed his B.A. in additional subject, History (Anx. 3) and in the year, 1990, he passed B.A. in additional subject, Sanskrit (Anx. 4). Respondent No. 1, Mohanlal Sukhadia University, Udaipur issued a provisional permission letter to the petitioner, for appearing in TET, 1990. He was successful and came in the merit. The provisional admission letter for the Session 1990-91 dated Nov. 9, 1990 (Anx. 7) was issued to the petitioner by respondent No. 1 and his centre was respondent No. 2, Rajasthan Shikshak Prashikshan Vidyapeeth, Shahpur Bag, Jaipur. Thereafter, when the petitioner went to respondent No. 2 and offered to deposit requisite fees, he was refused admission on the ground that he has not studied his "teaching subject for two years in the University and has also not taken University examination each year."

(2.) It is submitted by Mr. D. V. Tholia, learned counsel, that the petitioner had already passed B. Com. and, thereafter, took the abovementioned two additional subjects in History and Sanskrit, which were his teaching subjects. He studied each subject for one year and appeared in the examination as mentioned above. It is further submitted that in the General Guidelines for PTET, 1990, under the heading of eligibility for appearing in B.Ed. Examination, in Note (i), it has been provided that a candidate should have teaching subject means a subject offered by the candidate which he has studied for at least two years and also took University examination each year. It is also submitted that this provision is arbitrary, as in the University of Rajasthan, there is a provision of one year study for passing additional/ subsidiary subjects. The petitioner had, therefore, studied additional subjects of History and Sanskrit for one year and he could not have studied for two years. It is pointed out that this provision is violative of Art.14 of the Constitution and may be struck down.

(3.) It is submitted by Mr. L.L. Jain, learned counsel for respondent No. 1, Mohanlal Sukhadia University, that the Educational Experts have provided norms and conditions for admission in B.Ed. as per provisions, which are provided in Ordinance 329-L-68 of the University of Rajasthan. Study of "teaching subjects" for at least two years, which may be taken as Compulsory /Optional/ subsidiary, have to be studied for at least two years and the examination has to be taken every year to entitle him to become teacher, after passing B.Ed. training course.