Minor R. Ayisha Begam v. Director, Department of Teacher Education Research and Training, Chennai and Others
2001-01-25
D.MURUGESAN
body2001
DigiLaw.ai
Judgment :- The Order of the Court was as follows : The petitioner has filed this writ petition making for a direction to the 1st and 2nd respondents to select the petitioner for the Diploma in Teacher Education Course for the academic year 2000-2001 based on the marks obtained in the Higher Secondary Examination on merit basis and in accordance with the condition 4(e) of the selection procedure prescribed in the notification issued along with the application over and above the respondents 3 to 5. The petitioner applied for Diploma in Teacher Education Course for the academic year, 2000-2001 according to the notification issued by the respondents as the petitioner is eligible. However, the petitioner was not considered for selection and she was refused admission. On the other hand the respondents 3 to 5 who have obtained lesser marks than the petitioner (771/1200) have been selected. Therefore, the learned counsel, for the petitioner submitted that the 1st and 2nd respondents should be directed to select the petitioner for the Teacher Education Course. 2. Mr. R. Muthaian, the learned counsel for the respondents would contend that as per column (9) of the application form, the petitioner should have studied the language up to XII standard for which medium he/she applied. Admittedly, the petitioner applied for Teacher Education Course under the Urdu category. Therefore, the petitioner is not eligible to be considered and therefore the petitioner was not considered. On the other hand all the three candidates namely the Respondents 3 to 5 have been selected since they have studied Urdu language from 10th standard. Therefore, the petitioner cannot have any grievance over her non-selection. 3. The 1st respondent has isued notification and guidelines for the candidates applying for Teacher Education Course for the year 2000-2001. Clause I of the notification relates to Educational Qualification which could be conveniently extracted as follows : "Candidate should have passed the Higher Secondary Course with 50% marks. These marks may be inclusive of the first improvement. It is enough if the Scheduled Caste and Scheduled Tribes candidates have passed in the Higher Secondary Examinations." Clause 4(e) of the said notification stipulates the selection procedure which could be conveniently extracted as follows : "Leaving out the special quota candidates for the other seats will be selected based on communal rotation.
It is enough if the Scheduled Caste and Scheduled Tribes candidates have passed in the Higher Secondary Examinations." Clause 4(e) of the said notification stipulates the selection procedure which could be conveniently extracted as follows : "Leaving out the special quota candidates for the other seats will be selected based on communal rotation. The selection will be based on the marks obtained in the Higher Secondary Examination (inclusive of the first improvement scheme) and will be purely on merit basis." 4. In both the clauses, the minimum eligibility criteria for applying to the Teacher Education Course is a pass in Higher Secondary Examinations, while interpreting clause 9 of the application form, the guidelines prescribed by the Government with regard to the eligibility of the candidate for admission to the Teacher Education Course are also to be taken into consideration. Clause 9 of the application form stipulates as follows : "(a) Language studied in Part I or Part II in X standard. (b) Language studied in Part I Hr. Scc. Course (Candidate should have studied in the language up to XII standard for which medium he/she applied). A clear reading of the above clauses, would indicate that insofar as the clause 9(a) is concerned all that has been instructed is that the candidate would have studied language in Part I or Part II in X Standard and as far as clause (9) (b) is concerned, the candidates are directed to furnish the language studied in Part I Hr.Scc/Course only in the said clause (9)(b) it has been stated that candidates should have studied the language up to XII standard for which medium he/she applied. Therefore it is clear the applicant should have studied the language in +1 and +2 for which medium she applies as a condition for applying for admission to Teacher Education Course. Admittedly, the petitioner has studied Urdu language in +1 and +2 which has not been disputed by the learned Government Advocate. However, the contention of the learned Government Advocate is that the petitioner ought to have studied the Urdu language in X standard also. Since the petitioner did not study Urdu language in X standard, she is not eligible to be considered for admission.
However, the contention of the learned Government Advocate is that the petitioner ought to have studied the Urdu language in X standard also. Since the petitioner did not study Urdu language in X standard, she is not eligible to be considered for admission. I do not accept the said contention of the learned Government Advocate inasmuch as there is no such condition imposed in clause 9(a) of the application form insisting the applicants to have studied Urgu language in X standard also. That apart, in the notification and guidelines issued for the admission to Diploma in Teacher Education Course for the academic year 2000-2001, there is no such restrictions imposed necessitating on the applicants to have studied the Urdu language from X Standard onwards. In the absence of any such restriction, it cannot be contended that the petitioner who complied with the condition of clause 9(b) of the application form could be denied a seat on the ground that the petitioner has not studied Urgu language in X standard. It is to be further seen that as per the notification and guidelines, the eligibility criteria for seeking admission to Teacher Education Course is a pass in +2 examination. The candidates are admitted only on the basis of the marks obtained by them in +2 examination. The marks obtained by the candidates in X standard are not taken into consideration while deciding the merit of the candidates. Therefore, I do not find any nexus also in insisting upon a candidate to undergo the Urdu language in X standard when the marks obtained in X standard are not taken into consideration for the purpose of admission. Admittedly, the respondents 3 to 5 who have obtained lesser marks than the petitioner have been selected. Therefore, the non-consideration of the petitioner for admission to the Teacher Education Course only on the ground that the petitioner has not studied Urdu language in X standard cannot be sustained and the petitioner who has obtained higher marks than the respondents 3 to 5 is entitled to be admitted. 5. Accordingly, there will be a direction to the respondents 1 and 2 to admit the petitioner to the Teacher Education Course for the academic year 2000-2001. The said admission shall be made within a period of 10 days from the date of receipt of a copy of this order. With the above direction, this writ petition is allowed.
5. Accordingly, there will be a direction to the respondents 1 and 2 to admit the petitioner to the Teacher Education Course for the academic year 2000-2001. The said admission shall be made within a period of 10 days from the date of receipt of a copy of this order. With the above direction, this writ petition is allowed. No costs. Consequently, WMP No. 28178 of 2000 is closed. Petition allowed.