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Allahabad High Court · body

2005 DIGILAW 876 (ALL)

Smita Nigam, Dr. R. K. Nigam v. Bundelkhand University through its Registrar, Vice Chancellor, Bundelkhand

2005-05-06

ARUN TANDON

body2005
ARUN TANDON, J. ( 1 ) HEARD Sri U. K. Saxena, Advocate on behalf of the petitioner, Sri R. P. Tiwari, Advocate on behalf of respondent Nos. 1 and 2 and learned Standing Counsel on behalf of respondent No. 4. ( 2 ) THE petitioner, Smita Nagam is married daughter of Dr. R. K. Nigam, which was admittedly employed as Reader in D. V. Post Graduate Degree College Orai, Jalaun, which is a college affiliated to Bundelkhand University Jhansi. The petitioner accordingly claimed 15 weightage marks on the ground of her being teachers ward, for admission in the B. Ed. Entrance examination conducted by the Bundelkhpnd University, Jhansi. In the written entrance examination the petitioner secured 210 marks, she was awarded 25 weightage marks, which included 10 marks because of her being possessed of N. S. S. Certificate and 15 marks because of her being a teachers ward. Thus the total marks obtained by the petitioner for the purposes of admission in B. Ed. Course was determined by the University as 235 Marks. Accordingly the petitioner was invited for counseling and during counseling she was required to deposit a sum of rs. 36,000/- towards her fee and she was allotted Bansi Dhar Degree College Orai, Jalaun for admission in B. Ed. Course for the year 2004-05 under Self Financing Scheme. On the same date the Admission Committee vide letter dated 13th April, 2005 Scored out weightage marks (15 marks) awarded to her as teachers ward on the ground the she has been married and therefore she is not entitled to the benefits applicable to the teachers ward. As a result of the deduction of the 15 weightage marks the petitioner has become ineligible for being admitted in the said course. Hence the present writ petition. ( 3 ) THE short, controversy giving raise to the present writ petition is confined to the issue as to whether a married daughter of a teacher or a non-teaching staff of a recognized college is entitled to the benefits of 15 weightage marks in accordance with notification dated 5th May, 1987 issued by the; State Government for admission in B. Ed. Course or not. For the purposes of appreciating the aforesaid controversy, it would be relevant to reproduce the said notification, the relevant portion whereof reads as follows: "uttar Pradesh Sarkar shiksha Anubhag II sankhya 451/xv-11-87-3 (58)79 Lucknow Dinank 5 May, 1987 adhisuchana Adesh. Course or not. For the purposes of appreciating the aforesaid controversy, it would be relevant to reproduce the said notification, the relevant portion whereof reads as follows: "uttar Pradesh Sarkar shiksha Anubhag II sankhya 451/xv-11-87-3 (58)79 Lucknow Dinank 5 May, 1987 adhisuchana Adesh. . . . . . . . . . . . . . . . . . . . . Pariksha Pathyakram avam Aharta Ank. . . . . . . . . . . . . . (Chha) Manyataprapt Shiksha Sansthaon key shikshakon avam shikshdettar karmchariyon ya unkey putra/putrid, patni/pati ko 15 Ank. . . . . . . . . . " ( 4 ) REFERENCE may also be had to the conditions applicable for admission as were mentioned in brochure (BACHELOR OF EDUCATION/bachelor OF PHYSICAL EDUCATION admission TEST-2005) published by the University in; respect of B. Ed. Entrance examination, which is more or less identical to the notification issued by the State Government referred to above and therefore it is not necessary to reproduce the said clause again. ( 5 ) LEARNED counsel for the University has referred to the resolution passed in the meeting of the b. Ed. Admission Committee of the University dated 15th December, 2004, whereby a decision has been taken for the first time to exclude the married daughter of teachers/employees ward for the pus poses of benefits of 15 weightage marks. Relevant portion of the said resolution is quoted herein below: ". . . Samiti ney dinank 12-12-2004 ko sampan honey wall B. Ed. Pravesh Pariksha meyn saphal abhyarthiyon ko atirikt ank pradan karney key sambandh meyn Shashanadesh 05 May 1987 key samdarbh meyn nimn sapastikaran par samyak vicharoparant sarva sammati sey nirnay liya. 1- Karyarat Shikshakon key praman patra prastoot karney par keval unhi shikshakon ko 15 ank pradan kiye jinkey dwara jo avedan patra sanlagn praman patra sankhya 11 meyn sthayi prakriti ka praman patra prastoot kiya hai. 2 -. . . 3 -. . . 4-Vivahit putri narivar ka sadashya na honey ke karan uskey pita key shikshak hpney ka labh atirikt anko key roop meyn pradan nahi kiya javega. 5 -. . . . . . . . . . . . . . . . . . . . . . 2 -. . . 3 -. . . 4-Vivahit putri narivar ka sadashya na honey ke karan uskey pita key shikshak hpney ka labh atirikt anko key roop meyn pradan nahi kiya javega. 5 -. . . . . . . . . . . . . . . . . . . . . . ( 6 ) IT is apparently clear that the petitioner has been denied 15 weightage marks by the University on the basis of the decision of the Admission Committee referred to above Whereby married daughters have been excluded from the benefits of the said weightage marks as teachers ward. ( 7 ) IN the opinion of the Court the decision taken by the B. Ed. Admission Committee runs contrary to the notification issued by the State Government dated 5th May, 1987 in exercise of power under Section 28 (5) (b) of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as the Act ). For ready reference Section 28 (5) (b) of the Act reads as follows: "28 (Admissions Committee. . . . (5 ). . . . . . . . . . . . . . . . . . . . . . . . (b) admission to medical and engineering colleges and to courses of instruction for degrees in education and Ayurvedic or Unani systems of medicine (including the number of students to be admitted), shall subject to clause (a), be regulated by such orders (which if necessary may be with retrospective effect, but not effective prior to January 1, 1979) as the State Government may by notification, make in that behalf: provided that no order regulating admission under this clause shall he inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of weir choice;" 7. Section 28 (5) (b) confers a power upon the State Government to determine the terms and conditions on which the admission to students in various degree colleges in B. Ed. Course. In such circumstances it is the State Government, which is competent to determine the terms and conditions on which the admission of students is to be regulated including weightage: marks. Course. In such circumstances it is the State Government, which is competent to determine the terms and conditions on which the admission of students is to be regulated including weightage: marks. Thus) notification issued by the State Government dated 5th May, 1987 is an order issued in exercise of statutory powers and cannot be whittled down under a resolution of the Admission committee and therefore the decision of the Admission Committee in so far as it denies 15 weightage marks to the married daughters of teachers and employees of the recognized college runs contrary to the notification issued by the State. Government referred to above and such is unsustainable. Such Government Orders are also binding upon the institutions established under the Self Financing Scheme. (Reference; judgment and order of this Court: dated 21st December, 2004 passed in Civil Misc. Writ Petition No. 36619 of 2004 and other connected writ petitions ). It is worthwhile to notice under the same notification whereby the] State Government had intended the married daughter must be conferred. A specific endorsement has been: made to the said Government Order, which is reads as follows: " (Ga) Swantrata Sangrum Senani key Putra Ya Putri Ya Putra ka Putra Ya Avivahit Putri 15ank. . . . . . . " ( 8 ) TO the similar effect are the conditions of admission as per the Brochure published by the university for the entrance examination of admission in B. Ed. Course of the year 200405 and in the said Brochure also the University has specifically carved out clauses where the married daughters have been deemed the beneficiary. Therefore the State Government as well as the university at the time of publication of the Brochure which regulated the condition of admission of the students in B. Ed. Course had not excluded the benefit of 15 weightage marks as teachers ward qua unmarried daughter, The Admission Committee as such cannot re-write the rules for admission subsequent to the examination having been conducted nor cam make rules, which run contrary to hold under the Government Order dated 5th May, 1987. On both grounds decision taken by the Admission Committee dated 12th December, 2004 cannot be legally sustained and is accordingly declared in operative in the eyes of law. ( 9 ) THE order passed by the Bupdelkhand University, Jhansi scoring out 15 weightage marks awarded to the petitioner is hereby quashed. On both grounds decision taken by the Admission Committee dated 12th December, 2004 cannot be legally sustained and is accordingly declared in operative in the eyes of law. ( 9 ) THE order passed by the Bupdelkhand University, Jhansi scoring out 15 weightage marks awarded to the petitioner is hereby quashed. Respondents are directed to admit the petitioner in the college after awarding 15 weightage marks as teachers ward. ( 10 ) IN view of the afraid the writ petition is allowed. ( 11 ) A copy of this order shall be supplied to the learned counsel for the petitioner on payment of usual charges by Tuesday. . .