JUDGMENT Hon’ble Ritu Raj Awasthi, J.—Heard learned counsel for the petitioner, Sri R.K.S. Suryvanshi as well as learned counsel for the respondents, Sri Waseequddin Ahmad and perused the records. 2. The writ petition has been filed for a suitable order/direction to the opposite parties to treat the petitioner as eligible candidate for admission in ‘MCA Course 2011-12’ and allow the petitioner to appear in the counselling for admission in ‘MCA Course 2011-12’. 3. Learned counsel for the petitioner submitted that in the Information Brochure issued at the time of submission of admission form, the eligibility criteria prescribed for admission in MCA Course 2011-12 by the University was that the candidate shall posses the Bachelor’s Degree of three years’ or more duration from any recognized University and have secured at least 40 per cent (35 per cent for SC/ST) marks in aggregate. A candidate must have minimum of 40 per cent marks in mathematics at 10+2 level or at the Bachelors’ Degree level. 4. It is further submitted by the learned counsel for the petitioner that even at the time of counselling, the University had informed that the eligibility criteria as prescribed under the Information Brochure would be applicable. 5. It is also submitted by the learned counsel for the petitioner that the petitioner had secured 75 per cent marks in mathematics at 10+2 level and has more than 40 per cent marks at the Bachelor’s Degree level and therefore, he was fully eligible for admission in the MCA Course 2011-12. However, in most arbitrary and illegal manner at the time of counselling, the petitioner was not allowed to participate on the ground that since he has less than 50 per marks at the Bachelor’s Degree level, therefore, he is not eligible for admission. 6. Sri Waseequddin Ahmad appearing for University on the hand submitted that, in fact, the Information Brochure was published in the month of December, 2010 and after publication of the Information Brochure, the AICTE had directed the Universities to change the eligibility criteria and it was provided that minimum 50 per cent marks at the Bachelor’s Degree level shall be the minimum requirement for admission in Postgraduate Courses including the MCA Course. On the basis of the said direction, the University had issued notices in the newspapers as well as on the website and on that basis, the eligibility criteria was modified to that extent. 7. On the basis of the said direction, the University had issued notices in the newspapers as well as on the website and on that basis, the eligibility criteria was modified to that extent. 7. It is further submitted that the direction issued by the AICTE is binding on the Universities and since the petitioner did not posses the minimum 50 per cent marks at the Bachelor’s Degree level, therefore, he was not eligible for admission in MCA Course 2011-12. In support of his submission, he has placed reliance upon a judgment of this Court in the case of Pallavi Tiwari v. Union of India and others; 2011 (1) ALJ 449, wherein in Paras 86 and 90, the Court has observed as under: “85. Thus, keeping in mind the interest of the society at large, the nature of services which are to be rendered by the petitioners in future as teacher, thereby teaching the students after obtaining the B.Ed. degree, who are the future pillars of the country on which the country will progress on the path of development in present era of Global Competition, which the country has to face in future, it cannot be held that the action on the part of the NCTE thereby enacting the Regulation 09 of 2009 in exercise of the power as vested in it by the provisions as provided under Section 32 of NCTE Act 1993, that a candidate should posses 50% as eligibility criteria by means of clause 3(2) (a) in Appendix 4 framed as per the provisions of Regulation 9 of Regulations 2009 which has to be implement by the Lucknow University, in view of the provisions as provided under Section 12 (e) to 12 (g) of the NCTE Act of 1993 for conducting the Joint Entrance Examination B.Ed. Course 2010, by any means neither infringed nor violated the fundamental rights of the petitioners guaranteed under Articles 14 and 16 of the Constitution nor it offends any other provision contained in Part-III of the Constitution. ....................................................... 90. Accordingly, the eligibility criteria as provided in regulation 3(2) (a) in Appendix IV which relates to Norms and Standards for Secondary Teacher Education Programme leading to Bachelor of Education (B. Ed) Degree as per regulation 9 of Regulations 2009 are mandatory in nature and binding on the State Government/ Lucknow University while holding the Joint Entrance Examination B.Ed. Course 2010-2011.” 8. Course 2010-2011.” 8. In the aforesaid case, the NCTE which is the governing body for the B.Ed. Course have directed the Universities to enhance the eligibility criteria to 50 per cent marks at the Bachelor’s Degree level and on that basis the University had refused the admission to the students who were having less than 50 per cent marks at the Bachelor’s Degree level. 9. I have considered various submissions made by the parties’ counsel. 10. I am of the considered opinion that since the petitioner did not fulfill the eligibility criteria of having minimum 50 per cent marks at the Bachelor’s Degree level, therefore, he was not eligible for admission in the MCA Course 2011-12. 11. The writ petition being devoid of merit is hereby dismissed. ——————