ALI AKSAR Vs. MOHANLAL SUKHADIA

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution, the petitioner Ali Aksar has prayed that Note (5) to Rule 5 of the Rules for admission to B.Ed/Shikash Shastri Courses in the shape of General Guide Lines for PreTeacher Education Test (PTET), 1991 (for short 'the Rules') be struck down.

(2.) THE case of the petitioner is that he is a bonafide resident of Village Sanwa Tehsil Chauhtan District Banner. He passed his B.A. Examinations from University of Ajmer in the year 1988. Thereafter, he appealed in PTET Test in the year 1991 and has secured in all 303 marks. It is alleged that in Banner District, the persons who have secured 293 marks in PTET Test have been granted admission B.Ed. Course. His contention is that as he has passed his Secondary School Examinations from the Board of Secondary Education, Madhya Pradesh, his case for admission to B.Ed. Course has been considered under general seats for candidates outside Rajasthan. He has contended that for deciding the candidature of a person from a District of Rajasthan, the only consideration should not be the district from where the candidate has passed his secondary school examination. According to him, passing of secondary school examination for determining the district cannot be made the sole basis because such a criteria may frustrate the very object of selecting the best talent persons from a particular district. He has therefore, prayed that note (5) to Rule 5 of the Rules which provides that for deciding the candidature of a person from a District of Rajasthan, the only consideration will be the district from where the candidate has passed secondary school examination is arbitrary, discriminatory and unreasonable and hence it deserves to be struck down.

(3.) ON joint request, the case was heard on merits. I have heard Mr. P.K. Lohra, the learned Counsel for the petitioner and Mr. D.R. Bhandari, the learned Counsel for the respondents and have carefully zone through the record of the case.