KUSUM LATA Vs. STATE OF HARYANA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
STATE OF HARYANA
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Y. K. SABHARWAL, J. -
(2.)THE question to be determined in these matters is regarding the eligibility of the appellant for seeking admission to the Diploma Course in Education in order of her merit. Does she satisfy the prescribed conditions or not? THE answer would depend upon the interpretation of the clause prescribing eligibility condition.
The appellant passed the Senior School Certificate Examination from the Central Board of Secondary Education (CBSE). The educational qualification for admission to the Diploma in Education (D.Ed.) in the State of Haryana is as follows:
"A candidate should have passed 10+2 examination from Board of School Education, Haryana or its equivalent examination from any other Board, recognized by Board of School Education, Haryana with at least 50% aggregate marks."
The appellant applied for the D.Ed. course. The details of marks obtained in 10+2 examination were furnished by the appellant in the application form and the respondents issued her admission card to appear in the written entrance test. She qualified the said test. Against the total number of 3200 seats, her rank was 1460th. After the declaration of the result of the written entrance test the appellant appeared for interview. The appellant was told that she was not eligible to appear in the written entrance test having not secured 50% aggregate marks in 10+2 examination of CBSE. According to the appellant she had secured 50% aggregate marks which was required to be seen from five subjects as the sixth subject was optional as an additional subject, not necessary to be taken or passed for the purpose of qualifying 10+2 examination. The appellant also showed to the respondents a letter dated 20/03/2001 issued by CBSE stating that to qualify the 10+2 examination a student is required to have requisite marks in five subjects and the sixth was an optional subject.
(3.)THE denial of admission to the appellant resulted in her filing a writ petition before the High Court. THE High Court has held that there is no error in the actions of the respondents in declining admission to the appellant as she did not satisfy the minimum prescribed percentage under the eligibility condition. THE writ petition has been dismissed by the High Court. THE judgment of the High Court is under challenge in this appeal.
It is a common ground that if marks in all the six subjects for which the appellant had appeared are taken into consideration she will not be eligible as her aggregate in that event would be less than 50%. On the other hand, if marks of five subjects are considered, her aggregate marks would be more than 50% and she will satisfy the prescribed condition of securing at least 50% aggregate marks in 10+2 examination and she would be eligible.
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