MANJIT KAUR Vs. M.D.U. ROHTAK AND ANR.

JUDGEMENT

(1.) THE sole question raised in this petition filed under Article 226 of the Constitution of India is whether Clause (I) of the eligibility criterion for admission provided in the prospectus answers the prescription of the principles as enshrined in Article 14 of the Constitution.

(2.) BRIEF facts of the case are that the Petitioner applied for admission to B. Sc. (Nursing) Course for the Session 2003 -04. The course is of four years duration. She has passed her matriculation examination from the Board of School Education, Haryana on 18th June, 1999. She qualified her Senior Secondary School Examination from the National Institute of Open School, New Delhi on 8th June, 2003. She applied for admission to the B. Sc. (Nursing) Course well in time. However, she was not considered eligible by Respondent No. 2 i.e. Pt. B. D. Sharma Post Graduate Institute of Medical Sciences, Rohtak on the ground that she did not pass her Senior Secondary Examination as a regular student as is required by Clause (I) of the prospectus. According to Clause (I) of the eligibility criterion for admission only those candidates were considered eligible who have studied 10 +1 and 10 +2 classes as regular students in a recognised institution in Haryana.

(3.) SHRI K. S. Dhaliwal, learned Counsel for the Petitioner has argued that Clause (I) of the eligibility criterion is absolutely discriminatory and violates Article 14 of the Constitution. According to the learned Counsel, the candidature of the Petitioner could not be cancelled merely on the ground that she has passed the examination from an institution where regular classes are not being held. The National Institute of Open School is a recognised institution all over the country as well as by the State of Haryana and, therefore, no distinction can be drawn between the candidates qualifying from the National Institute of Open School and the candidates who have studied by going to a school in a regular manner.