MANJU LATA Vs. HITKARI CO-OPERATIVE SHIKSHA

JUDGEMENT

(1.) ORDINANCE 322 deals with admission to B. Ed. course. It provides that a candidate who after taking a Bachelor's/Shastri Degree of the University or any other University recognised for the purpose by the Syndicate with two teaching subjects (as defined in Note 1 below) has completed a regular course of study in a college, affiliated to the University for one academic year and has during the course of the year delivered at least 40 lessons in a recognised school under the supervision of the staff of the college shall be eligible for admission to the examination for the degree of Bachelor of Education. Under note (i) 'teaching subject' means a subject offered by the candidate at his Bachelor's/Shastri or Master's Degree Examination either as a compulsory subject or as an optional subject as a subsidiary subject provided that the candidate studies it for at least two years and also took University Examinations each year, but shall not include such subjects as were studied by him only for a part of the Bachelor's degree course. Thus the qualifying subjects like General English, General Hindi, General Education, History of Indian Civiliation and Culture, Elementary Mathematics etc. prescribed for the 1st year TDC course of the University or a subject dropped by candidate at the part I stage of the degree course shall not be treated as teaching subjects. In case the Honours graduates besides the Honours subject the subsidiary subjects would also be taken into account provided the candidate studied the same for atleast two academic sessions and also took University examination each year. Under note (ii) only such a candidate shall be allowed to offer social studies for the B. Ed. Examination as have taken their Bachelor's Degree with any two subjects out of History, Political Science, Public Administration, Economics, Geography and Sociology. The petitioner passed her Intermediate from U.P. with compulsory subjects - - -Hindi and with four optional subjects namely, English Phychology, Sociology and Drawing. Besides this, Hindi was also added as a compulsory subject. The petitioner also passed three optional subjects in second year TDC and thereafter she appeared in third year TDC and passed with three optional subjects namely Hindi, Philosophy and Sociology. She was thereafter awarded Bachelor's degree from the University of Rajasthan.

(2.) THE petitioner applied for B. Ed. course admission to the non -petitioner No.3 Govt. Teachers Training College Rajasthan, Ajmer. The application was submitted by her through the non -petitioner No. 1 Hitkari Co -operative Shiksha Mahila Mahavidyalaya, City Palace, Kota. She was selected by the non -petitioner No. 3 for the B. Ed course education and non -petitioner No. 1 was directed to provide her admission. The selection of the petitioner to the above B. Ed. course examination was conducted with the consultation of non -petitioner No. 2 University of Rajasthan. She took education for B. Ed. course under the optional subjects of Hindi and Social Studies, and also delivered 40 lectures i.e. 20 each in Hindi and Social Studies. She also conducted two tests i.e. one each in both the optional subjects. The petitioner completed regular course of study in the college of the non -petitioner No. 3 affiliated to the non -petitioner No. 2 for one one academic year and thus according to her she fulfilled the requisite requirements for appearing in the B. Ed. examination 1987. Fee was also deposited by her. The petitioner has been restrained from appearing in the B. Ed. examination in 1987 vide Annx. 6 and her admission to B. Ed. course has, has been cancelled.

(3.) NOTICE of the petition was given to the non -petitioner and on behalf of non -petitioners No. 1 and 2 reply has been filed. It has been statad therein that the petitioner was not eligible for admission to B. Ed. course and so far as the subject of Social Studies is concerned, she did not fulfil the eligibility as contained in Ordinance 322(ii) in as much as she had not taken her B.A. degree with any two subjects out of History, Political Science, Public Administration, Economics, Geography and Sociology and therefore she could not have been admitted and the University cannot be held responsible if any admission was given to the petitioner by the non -petitioner No. 3. It is also their case that even at time of her admission it was clearly made known to her that the question of her eligibility for admission to the B. Ed course shall be decided by the University and she must approach the University for decision in the matter. The petitioner did not approach the University for such a decision and had given an undertaking that what ever decision shall be taken by the University in connection with her examination, she will be bound by it. Annexures RR/1 to RR/3 have been placed on record, out of which Annx. RR/1 is said to have been signed by the petitioner and other two by her husband. Rejoinder was filed where in it has been denied that Annx. RR/1 is signed by the petitioner. It is also denied that Annxs. RR/2 and 3 have been signed by her husband and the signatures therein are of her husband. Rather it has been stated that on October 16, 1986 when her husband is alleged to have received the copies of the same, he was not in Kota.