ABIDA Vs. M D S UNIVERSITY

JUDGEMENT

(1.) Petitioner, Ms. Abida passed her M.A. (Final) Political Science Examination, 1996 from J.N.V. University with 46 per cent marks. In response to the advertisement dated 15-4-97 for B.Ed./Shiksha Shastri Admission Test, 1997 (for short 'PTET 1997') she submitted her application form. She was allotted Roll No. 53702. She did appear in the PTET 1997 and was declared successful. She was even given admission for training of B.Ed. vide letter dated 28-8-97 and was allotted Nagaur District. She got admission in the college (respondent No. 2). She thereupon deposited a sum of Rs. 8,500/- as yearly fees on 9-9-97. However, vide letter dated 23-9-97 (Annex. 8) the petitioner was informed by the respondent No. 2 that her admission was cancelled as she had obtained less than 45 per cent marks in her Bachelor degree examination and fees deposited by her was being returned vide cheque No. FD-294587.

(2.) The petitioner's case is that in the notification dated 15-4-97 it was stated that the minimum eligibility for admission to the PTET was 40 per cent marks in Bachelor/Master's degree and thereafter the eligibility was changed vide notification dated 23-5-97 making 45% as the minimum eligibility in graduation/post-graduation course and since she had obtained more than 45% in master's degree she is eligible to get admission in the B.Ed. course. It is averred that the candidates similar to the petitioner have been allowed to take training of B.Ed. in the colleges affiliated to the respondent No. 1 but the petitioner has been denied training by respon-dent No. 2 and hence the action of the respondent No. 2 is violative of Article 14 of the Constitution of India. It is further averred that the petitioner was initially allowed to appear in the PTET and on her becoming successful in the test she was given admission in the College and respondent No. 2 accepted fees from her and, therefore, the respondents are estopped from cancelling her admission.

(3.) In the return filed by respondent No. 2 it has been averred that the criteria for admission as laid down by the National Council of Teachers Education is that candidate must obtain at least 45% marks in aggregate at the Bachelor's degree examination of a recognised University and as the petitioner had not obtained 45% marks in Bachelor's degree she did not fulfil the eligibility admission criteria. It has been further averred that the criteria has been approved by this Court in S.B. Civil Writ Petition No. 2138/97, Anop Singh Ratnu v. Maharshi Dayanand Saraswati University, Ajmer decided on 9-9-97 (AIR 1998 Raj 54) and, therefore, the petitioner does not have a right to seek admission in the course.