MANJUSHA Vs. MAHARISHI DAYANAND UNIVERSITY ROHTAK

JUDGEMENT

(1.) In this petition, the petitioner has prayed for issuance of a writ of certiorari quashing the order of rejection of her application form for appearing in Entrance Examination for admission to B.Ed. (DE) Course 2000-2002 (hereinafter referred to as the Course'), conveyed to her vide letter dated 11-10-2000 (Annexure P-7). She has further sought a direction against the respondents to make arrangement to hold a fresh Entrance Test for her, or to grant admission to her in the said Course.

(2.) The petitioner passed her Matriculation and 10 + 2 examination which were conducted by the Board of School Education, Haryana in March 1988 and March, 1990, obtaining 71% and 57% marks respectively. Thereafter, she cleared her B.Com., Two Years Full Time P.G. Diploma in Human Resources Management and M.A. (English) (Distance Education) examinations in April, 1993, April 1995 and Dec. 1999 from Maharishi Dayanand University, Rohtak, respondent No. 1 (hereinafter referred to as 'the University'), securing 47%, 63% and 43% marks, respectively. In order to seek admission to the said Course, for which Entrance Test was held on 22-10-2000, she submitted her application on 29-9-2000 stating therein that she had taken Commerce and Accountancy at 10 + 2 level. In the said examination, she had secured 47% marks and was, thus, eligible to appear in the Entrance Test. To her surprise, she received letter dated 11-10-2000 (Annexure P-7) from the Directorate of Distance Education of the University informing her that her application had been rejected on the ground that she had obtained less percentage of marks. Thereafter, on 17-10-2000 she sent her representative to find out from the University as to how she had less percentage of marks when as per eligibility conditions laid down in the Admission Brochure, B.Ed. Two Years Course (Distance Education) 2000-2002 issued by the Directorate of Distance Education of the University (hereinafter referred to as 'the Brochure') she fulfilled all the conditions. On 18-10-2000, her representative was informed that she did not qualify for appearing in the Entrance Examination because the condition of 45 % marks applied only to candidates who had passed B.A. and not B.Com. examination. Forced by these circumstances, she has filed the present writ petition.

(3.) On notice of motion to the respondents, they filed their reply. While controverting the stand of the petitioner, it has been pleaded by them that the petitioner had passed her B.Com. examination securing 842 out of 1800 marks (46.77%) and M.A. (English) examination securing 341 out of 800 marks (42.63%), but her case was not covered by the guidelines/instructions issued by the National Council for Teachers Education because it has been provided in the said instruments that the qualification for being eligible to take the Entrance Test for the said Course is Graduate/Post Graduate Degree from a recognised University with at least 45% marks (44.5% will be rounded to 45%) provided the applicant has offered at least two school subjects at the first and/or second degree level. It has been further provided in the said instructions that this condition shall not be applicable to the candidates possessing 50% or more than 50% marks in Graduate and Post Graduate Degree. As the petitioner had secured 46.77 % marks in aggregate in B.Com. examination, therefore, her case was not covered under the category of 45% marks at Graduate/Post Graduate Degree level, the reason being that she had not studied at least two school subjects in her B.Com. examination. On these premises, the rejection of her application form was justified.