MISS EKTA Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) Appellant Ekta filed writ petition Under Article 226 of the Constitution of India for a direction to the respondents to reserve 25 seats out of 120 seats for Certificate Course in Physical Education and 12 out of 60 seats in the Diploma Course and consider the case of the petitioner for admission in the Course and also a direction that the condition of passing examination of Mathematics in Secondary/Hr. Secondary for the purpose of grant of admission in Certificate Course in Physical Education be declared as invalid. The learned single Judge vide impugned Order dated December 13, 1990 dismissed the writ petition and the aggrieved petitioner has preferred this appeal.

(2.) The case of the appellant averred in the writ petition was that she had done her graduation in Articles and secured 46.63% marks and had represented District Bhilwara in games in State Level Competition. That, she applied for admission to Diploma Course in Physical Education and Certificate Course in Physical Education in the year 1990. She did not hear about the fate of her applications and made representations. On inquiry being made by her, she came to know that reservation was confined to the candidates in open selection by merits and not for those who were being admitted on the basis of population Districtwise allocations. The petitioner also came to know that her case was not considered for the Course for the reason that she did not pass Mathematics as her subject in her Secondary/Hr. Secondary examination as required for the admission to the Course.

(3.) The case of the respondents in reply was that the insertion of sub-r.(3) of Rule 20 of the 'Sharirik Shiksha Shikshak Prashikshan Sansthan Mein Pravesh Sambandhi Niyam' (hereinafter to be referred as 'the Rules'), reservation was confined only to the open admission of 20% seats and not to the seats allotted District wise. It was also the case of the respondent that the Rules required Mathematics as subject in Secondary Examination. The learned single Judge found force in the case of the respondents and dismissed the writ petition which has given rise to this appeal.