Shri Dharm Pal Jyotishi v. Maharishi Dayanand University, Ajmer
1999-08-05
ARUN MADAN
body1999
DigiLaw.ai
JUDGMENT 1. 1. Pursuant to the directions of this Court dated 22.7.1999 the result of the petitioner has been placed in a sealed cover and in the presence of the learned counsel for the parties it has been opened up and found that the petitioner had secured 306 marks in PTET Entrance Test, 1998 held by Maharishi Dayanand University, Ajmer. Last cut off marks secured by the student who was declared successful in the said examination was 308 which fact is borne out from Cut Off Point (For General Colleges) RT.E.T. 1998 dated 5.8.1999 (Exh.C.1). Consequently, the Petitioner not being eligible for selection has no cause of action to challenge the admissions made by the Maharishi Dayanand University, Ajmer in PTET Entrance Test, 1998. 2. Before parting with the case, I would like to observe that Usmania University being a creature of the statute as per Article 12 of the Constitution of India, the students passing out from the said University are as much eligible to appear in P.T.E.T. examination conducted by the respondent University as the local candidates from any District of Rajasthan should not he discriminated on this or any other ground since the students passing out from any other University established by law in India are as found to he considered as students from Rajasthan University. On this ground, candidate should not be deprived of his legitimate right to participate in the process of selection for PTET Courses conducted by the Usmania University. 3. I am fortified in my above observations from the judgment of this Court in the matter of Satya Narayan Bhartiya v. Maharishi Dayanand Saraswati University & Ors., WLC 1999(1) 762 , wherein it was held by this Court that admission of the candidate having BA degree from Kaktiya University and for his admission in LLB Course of Rajasthan University in July 1992, the de-recognition cannot have retrospective effect. In this case as well, the petitioner had qualified B.A. degree in' the year 1991-92 while the de-recognition of Usmania University was done w.e.f. 1993. Such a de-recognition in my view, highly arbitrary and irrational being against the public policy and the law.
In this case as well, the petitioner had qualified B.A. degree in' the year 1991-92 while the de-recognition of Usmania University was done w.e.f. 1993. Such a de-recognition in my view, highly arbitrary and irrational being against the public policy and the law. However, this not the question at issue on which the petitioner has been deprived of his right of admission to participate in the PTET Examination, 1998 in which he did appear but secured the marks which were lesser to the cut off marks as fixed by the respondent University. 4. As a result of above discussions, the writ petition does not call for any consideration by this Court. However, if the petitioner is so advised, he may apply for PTET Examination to be conducted by Maharishi Dayanand University, Ajmer in accordance with law. It is clarified that since petitioner has already qualified BA degree which is a minimum requirement for appearing in PTET Examination, the condition regarding the academic course of graduation for a minimum period of 2 years imposed by the respondent- University shall not come in the petitioner's way to appear in the ensuing PTET Course to be conducted by the Maharishi Dayanand University, Ajmer. 5. With the above observations, the writ petition stands disposed of.Writ Petition disposed of as above. *******