MADHURI Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The facts in brief are that the petitioner obtained her bachelor degree in Arts from the Jai Narain Vyas University, Jodhour. She applied for B.P.Ed. Course, 2004-05 in pursuance of the advertisement dated 31.3.2004 and submitted her application. According to the petitioner, total 120 seats were allotted to Government Physical Education College, Jodhpur, out-.of which 90 seats were reserved for fresh candidates and 30 seats were reserved for in service candidates. According to the petitioner, the petitioner has not been given credit of 5 marks despite the fact that the petitioner obtained N.I.S. Diploma in sports coaching from Netaji Subhash National Institute of School (Sports), Patiala after one year course 2003-04. The grievance of the petitioner is that the candidates who had no basic qualification at the time of submitting the application for admission, were given opportunity to submit their certificate of passing the graduation till the time of interview but such indulgence has not been granted to the candidates like the petitioner who though completed her N.I.S. Diploma course in sports coaching before the date of interview but after the date fixed for submitting the application form. The last date for submitting the application form was 13.5.2004 and the petitioner could obtain the certificate of the N.I.S. Diploma in sports coaching only on 31.5.2004, therefore, she could not submit her certificate along with the application form and, therefore, the petitioner has been treated discriminatorily by the respondents and has wrongly been denied admission to B.P.Ed. Course.

(2.) The respondents submitted reply and took a plea that the petitioner's alleged certificate of N.I.S. Diploma in sports coaching could not have been considered as the petitioner did not complete her Diploma Course in sports coaching before 13.5.2004 and she did not submit any certificate along with the application form. It is submitted that the petitioner submitted the certificate of N.I.S. Diploma Course in sports coaching on 19.6.2004 whereas the interviews were complete by 12.6.2004. Therefore, also the petitioner was not eligible candidate even on the date of interview. It is also submitted that the case of the petitioner cannot be equated with the candidates who appeared in the final year graduation course examination and they have been given chance to produce their proof of passing the graduation course by the time of interview. It is also submitted that it was done to give benefit to all these candidates of the final year course of graduation so that they may get the admission in the immediate next session of the course of B.P.Ed. and that benefit was available to a class as a whole, and, therefore, there cannot be any comparison between the case of the petitioner and the candidates who were given permission to submit certificates later on. It is also submitted that by now, substantial period of education was already over, therefore, also there is no reason for giving permission to the petitioner to take the course now and to appear in the examination without attending the classes.

(3.) I considered the submissions of the learned counsel for the parties and perused the record.