NEETA MIDHA Vs. GRAMOTTHAN TEACHERS TRAINING SCHOOL SANGARIA

JUDGEMENT

(1.) This Special Appeal is directed against the order of the learned single Judge dated 7-2-1991 whereby the writ petition filed by the petitioner, has been dismissed and it has been held that she is not entitled to be admitted to the Basic Teachers' Training Course, hereinafter referred to as 'the Course'. It is alleged that the appellant after passing her Higher Secondary Examination applied for taking-up this course. She has studied in Sangeria District Sri Ganga Nagar as a first class student. She filled up her form in time and submitted it before 13-8-90 which was the last date for submission of the forms. However, she has submitted her bona fide resident Certificate on 17-9-90 but she was not called for interview although she is higher in rank. Simply because the bona fide resident Certificate was not filed by her with the application form, she could not have been denied admission and it has resulted in injustice to her. In this respect, Mr. Lodha has placed reliance on a decision of their Lordships of the Supreme Court in Dr. (Mrs.) Kirti Deshmankar v. Union of India, reported in (1991)1 SCC 104. The learned single Judge has held that it was a condition in the instructions that the application form should be accompanied by all necessary certificates including Mark Sheets, Bona fide Resident Certificates and if the petitioner has a rural background then Rural Education Certificate and if it is not done then that form will not be considered and the same will be rejected and as the petitioner did not submit her Bona fide Resident Certificate even before finalisation of the admission, she is not entitled to any relief and hence this appeal.

(2.) The main contention of the petitioner in this appeal is that the admission is based on merits and once it is held that persons less meritorious than the petitioner have been admitted to the Teachers Training Course then the petitioner is entitled to be admitted because she has now submitted the Bona fide Resident Certificate on 17-9-1990. In this respect, it was submitted by Mr. Sangeet Lodha that the criteria for admission is merit and, therefore, merit has to be preferred as against the compliance of mere formality of Bona fide Resident Certificate and in this respect, he has again placed reliance on the aforesaid decision of Dr. (Mrs.) Kirti Deshmankar's case and has said that the learned single Judge has not properly appreciated the ratio of the decision of this case.

(3.) We have critically gone through the aforesaid authority. This was a case where the Rules provided that the admission in a Medical College to a foreign student will not be granted till he produces a Clearance Certificate from the Ministry of Health and Social Welfare. In this case, the Clearance Certificate was produced by Dr. (Mrs.) Kirti who is a foreign national and is married to an Indian student, from the Ministry of External Affairs but their Lordships felt that this is not a sufficient compliance of the Rules. Cl. (b) of Instructions relates to the admission which reads as under :-