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1992 DIGILAW 487 (PAT)

Miss Sweta v. Vice Chancellor P. U.

1992-12-22

G.C.BHARUKA, NARAYAN ROY

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Judgment G. C. Bharuka, J. 1. The present writ application has been filed by the petitioner for a direction to respondents to consider the case of the petitioner for admission in B. Ed. Course in Patna Womens Training College, patna for the session 1992-93 for which she has already been selected. 2. In counter affidavit filed on behalf of the respondents the foundational facts have been admitted. 3. The petitioner holds a Bachelor degree awarded by the Patna university. She has done her B. A. pass course from Science College, patna during the session 1987-89. Pursuant to an advertisement (Annexure a to the counter affidavit) she applied for her admission in B. Ed. course for the session 1992-93 in Patna Womens Training College, Patna. She has been selected for admission to the said course. Her name appeared at serial No.12 of the result of reserved category of Fine Arts. The said list has also been approved by the University. After publication of the final selection list when she went to take her admission in the College, the Principal refused to take her admission on the ground that she does not possess b. A. Hons. degree. Face with this situation, the petitioner filed a representation before the Vice-Chancellor of Patna University on 8-8-1992. The deputy Registrar of the Patna University informed the respondent Principal that he should act in accordance with the decision of the Bihar Inter university Board as contained in its letter dated 1-11-1990 which was duly communicated to the said principal as is evident from Annexure 2. The bihar University Board in the said letter has clearly opined that the students who have acquired graduate degree on completion of 10+2+2 course are eligible for being admitted to B. Ed. course. But inspire of the said communication, the petitioner has not been favoured with the admission to the desired course for the reasons mentioned in reply sent by the Principal of the College to the Vice Chancellor, which has been filed as Annexure 3 to writ application. The main reason assigned by the learned Principal for not taking the admission is that the petitioner has not passed B. A. Part iii or Honours which according to her is the minimum qualification for admission to B. Ed. Course in Womens Training College. The main reason assigned by the learned Principal for not taking the admission is that the petitioner has not passed B. A. Part iii or Honours which according to her is the minimum qualification for admission to B. Ed. Course in Womens Training College. According to her the letter of the Inter University Board is not relevant to the issue because the petitioner may be eligible for admission but still she may not be found suitable. In paragraph S of her letter she has said something more about the suitability of the petitioner in the following terms : "incidentally not a single sentence of the representation of Miss sweta to the Vice-Chancellor is gramatically correct. What kind of teacher such a candidate will make ?" 4. We appreciate the concern of the learned principal expressed in the above quoted paragraph of her letter. But according to us it is more an aspertion on the educational system and atmosphere prevailing in the universities of the State than on the calibre of a particular student. When a degree is awarded by a University like the Patna University, it is expecteu that the holder of the degree has acquired education of a minimum standard. If the degrees awarded by even a premier University like the Patna university has lost its credibility and if an institution unde r that very university has started raising eyebrows in respect thereof then it is better that such institutions should hold their own test for admission. But till such tests are held, the concerned authorities are bound to abide by the representations made by them in the admission notices. 5. Therefore, we have to squarely see at the requirements which have been prescribed under the admission notice (Annexure A ). The relevant part of the notice reads as under : - "the minimum educational qualification for admission to the above course is Bachelors degree of three years degree course from any University of its equivalent. " Neither it can be disputed nor in fact it has been disputed before us that a bachelors degrees awarded by a University either pursuant to three years course or two years course are not equivalent to each other under the provisions of the Universities Act and the regulations framed thereunder. " Neither it can be disputed nor in fact it has been disputed before us that a bachelors degrees awarded by a University either pursuant to three years course or two years course are not equivalent to each other under the provisions of the Universities Act and the regulations framed thereunder. Therefore, unless the admission notice would have itself spelt out that the admission to the courses in question will be available only to the students having Honours degree or having obtained pass course degree on pursuing three years course, in our opinion, the students like the petitioner holding bachelors degree on completion of two years course cannot be deprived of the admission to the course in question. 6 In the above view of the matter, the present writ application is allowed with a direction to the respondents to allow the petitioner to take her admission to the courses in question. There will be no order as to costs. Writ application allowed.