BIMLA PURTY & ORS Vs. UNIVERSITY OF AJMER

JUDGEMENT

(1.) The five petitioners were given admission against 10 seats which had been ' granted as additional seats in B.Ed, course in Jiyalal Teachers Training Institute by the Ajmer University. It will be seen from the perusal of Annexure-2 dated 21st December, 1990 that the Principal of Jiyalal Institute of Education (for short the institution) had informed the Vice-Chancellor of the University of Ajmer that the ten additional seats for tribal girls were sanctioned, but only five girls could be admitted because the sanction had been received late and the names of all the five petitioners have been mentioned in the aforesaid communication. The aforesaid communication was followed by a communication dated 28th May, 1991 that all the petitioners were not eligible to appear in the B.Ed, examination as per Ordinance 322 the University of Rajasthan. The Principal again wrote to the Vice- Chancellor on 3rd June, 1991 informing him that even on earlier occasions, since the establishment of University of Ajmer every year the girls candidates from Bihar University were being admitted in B.Ed. course and no objection has been raised and, therefore, time also no objection should be taken in admission to the five petitioners.

(2.) It was contended by the learned counsel for the petitioners that each of the petitioner had done her graduation from Ranchi University, Bihar and the details of examinations which each of the petitioner had passed is given in the writ petition. Learned counsel contends that after the applications have been filed, they were scrutinised and each of the petitioner was given admission and, therefore, their admission cannot be cancelled and they cannot be deprived from appearing in the examination. Learned counsel also referred to Annexure-5 which is dated 12th December, 1991. It is a letter of the Registrar, Ranchi University, Ranchi and is addressed to the Registrar, Ajmer University. It will appear from the perusal of the aforesaid letter that the Ranchi University has adopted the three years' degree course w.ei. 1983-85 session with some modifications under the Regulation. Two years' course was the pass course and after the completion of two years degree course the examination was conducted by the University. After passing the examination, the students were admitted in one year's Honours course of the three years' degree course and the University conducted the examination of one year (honours) course. The degree of B.A. (Honours) course is equivalent to three years' degree course and all the Universities have recognised the degree. The candidates have completed the B.A. (Pass) course and Honours course of the Ranchi University, Ranchi, and, therefore, are eligible to appear in B.Ed. examination of the University of Rajasthan. It will be seen from Annexure-8 dated 17th July, 1992 of the Deputy Registrar, Maharishi Dayanand Saraswati University, Ajmer, the name of Ajmer University having been changed as such, that the principal, Jiyalal Institute of Education has been informed that the result of the petitioners will be released only after withdrawal of the case filed by them from the Court and also on submission of an undertaking on the stamp paper worth Rs. 5/- to the effect that he/she will not file any type of claim in future.

(3.) Learned counsel for the University has referred to a case decided by me and said that as per Ordinance 322 none of the petitioner was eligible for admission as basic eligibility was lacking in the petitioners and notwithstanding the facts that they were allowed to appear in the examination, notwithstanding the fact that they are admitted, their result cannot be declared. I remember to have decided the case yesterday, but that case was of such of the students who had appeared not as regular students, but had appeared in external examination, they have not studied in college. In the present case, there is no material from which it can be said that the petitioners had not studied in the University and were allowed to appear in the examination as external candidates. Even learned counsel for the University does not dispute that the B.A. Honours degree of Ranchi University is recognised, but his contention is that it has been recognised for prosecuting further studies for admission in Post-graduation courses and not for B.Ed, course. According to the learned counsel it is Ordinance 322 which will govern the case. I have already said that all of the petitioners have regularly studied and, therefore, in my opinion the present case is different than that decided by me yesterday. That apart a reference has been made to a letter dated 17th July, 1992 of the Deputy Registrar, (C-II) of the University of Ajmer and at the cost of repetition it can be said that the University of Ajmer has no objection in declaring the result on the condition that the petitioners withdraw the writ petition filed in this court. I fail to understand, the instance that the writ petition should be withdrawn and only then the result will be declared. I fail to understand that the petitioners have been asked to submit the undertaking on stamp paper that they will not file any type of claim in future. It is one's right to come to this court for ventilation of grievance, if any, and if a person has a case, the University of any other authority should not insist that his right claim should only be allowed in case he/she withdraw the case pending in this court.