P.C.NAIK,J. - (1.)This petition involves an interesting question, namely, whether district wise reservation of seats in the B. Ed. course in the State is valid ? The circumstances giving rise to this petition are hereinafter stated.
(2.)THE petitioner who is a resident of the undivided Koraput district holds a post -graduate. degree in Oriya. Being interested in prosecuting the course leading to the B. Ed. degree, the submitted her application to the opp. party No. 2, the principal of the college of Teacher Education, Koraput on 22 -6 -1994. An Index card bearing No. KHUM -07 was issued to her. The eligibility criteria is laid down in the prospectus and rules published by the opp. party No. 1, the Director. opp. party No. 1, the Director, T. E. and SCERT, Orissa and Chairman, B. Ed. Central Selection Board. The eligibility criteria is contained in Rule 2 which provides as under : '(a) A candidate must have passed the Bachelor of Degree Examination in Arts or Science. (b) The candidate should have passed Oriya as a subject of study at least up to HSC standard. (c) The candidate other than in service teachers must not be below 21 years and above 30 years of age as on 1 -7 -1994. (d) The candidates must be a permanent resident of the revenue district concerned and should obtain a certificate from the Tahasildar of the area where the candidate is a permanent resident. (e) Candidates of a particular district shall apply for seeking admission to B. Ed. course to the Principal of the college specifically earmarked for the district. (f) The sons and daughters and spouse of Government Servants working in Government Offices in the district other than their home districts can also apply to the principal of the college of the district where the parents/spouse of the candidates are serving by enclosing a certificate issued by Head of Office concerned indicating the permanent home address and service particulars of parents/spouse.'
The case of the petitioner is that she resides in the undivided district of Koraput. She is the daughter of a Government Servant and her mother is also a Government Servant and is working as an Asst. Teacher in the Government High School, Koraput. The petitioner alleges that she obtained the +3 Degree in Arts with Education as one of her. subjects. In the career marking, she admittedly obtained 7.5 marks. It is her case that she fulfils the eligibility criteria and is entitled to be selected against one of the Seats kept apart for fresh candidates in the B. Ed. College, Koraput. Her grievance in the ignoring her claim. Candidates who do not possess nativity certificate and who secured less/lower mark than her have been admitted. This according to the petitioner, is an arbitrary action of the opposite parties who have prepared separate list of candidates by dividing vailable seats amongst the revenue district of Koraput, Malkanagiri, Nawarangpur and Rayagada. It is specifically alleged that some candidates who have been selected have secured marks ranging from 4 to 7 which are lower than the marks secured by her. It is also alleged that some candidates who did not submit nativity certificate along with their application forms as required by the Rules have been selected. The further contention is that allocation/reservation of seats district -wise is not proper, as such a provision is not contemplated by Rule 3 of the prospectus which relates to reservation of seats and reads thus : '3. Seats reserved for the following categories of candidates : (i) Untrained Graduate inservice teachers of Government/ Recognised and Aided M. E. Schools are High Schools having experience of at least one completed year. (ii) Physically handicapped candidates. . (iii) Sons and Daughters of Ex -servicemen end defence personnel. (iv) Inservice and fresh candidates of outlying Oriya speaking tracts of Andhra Pradesh, Bihar, Madhya Pradesh and West Bengal. (v) Fresh S. T./S. C. candidates.' Aggrieved by her non -selection, the petitioner has filed this writ petition praying for an appropriate direction/order directing the authorities to allot her a seat in the B. Ed. course in the Training College of Education, Koraput.

(3.)ON notice being issued, the opposite parties entered appearance and have filed ther counter affidavit opposing the prayer of the petitioner. The opposite parties support their action on the ground that admissions have been made on the basis of the guidelines issued by the Government whereby a specified number of Seats availble in the B. Ed. course have been allotted to different colleges district -wise in proportion to the population of the district It is further averred that as seats have been ear -mrked for different districts, selection is made on the basis of a merit list prepared district -wise and admissions are made from out of the each list to the extent of the seats reserved for that district. The allegation of the petitioner that she obtained 7.5 marks where as some others, though of other districts, who have been selected, have lesser/lower mark than her has neither been denied nor disputed. It is contended that in the newly created Koraput district where the petitioner resides, the candidates who are selected have marks ranging between 10 to 15 i. e. more than the petitioner, but as the seats allotted to this district were exhausted the petitioner could not be selected. It is contended that the lists for other districts were also prepared in the same manner and seats were allotted on the basis of marks. The further contention is that marks obtained by a candidate of one district cannot be compared with the marks obtained by a candidate of another district and though the candidates selected for other districts have lower marks the action cannot be challenged because it is strictly in accordance with the guidelines which provide for a fixed unmber of seats for each district. It is also the case of the opposite parties that district -wise reservation has been introduced so as to enable candidates from all districts to get an opportunity to be selected for B. Ed. training as in the absence of such a reservation, candidates from some districts may not have a chance of being selected to undergo the B. Ed. training.