Yatindra Singh, J. - (1.) The only question involved in these writ petitions is whether the degree of Bachelor of Education (B.Ed.) is necessary for admission in M.Ed, classes in Bir Bahadur Singh Purvanchal University, Jaunpur (the Purvanchal University) or recognised diploma of Bachelor in Teaching (8.T.) or Licentiate in Teaching (L.T.) is sufficient. FACTS
(2.) The petitioners in the aforementioned four writ petitions are graduates but education was not their subject. They have diploma of L.T. but not degree of B.Ed. They applied for admission in the Purvanchal University but were not successful ; they were not considered on the ground that they did not possess a B.Ed, degree They have filed these writ petitions challenging their rejection on the ground that : * they were more meritorious than the selected candidates were. * they were illegally not considered on the ground that they do not have B.Ed, degree. * they have minimum qualifications, as they possess recognised diploma of L.T. SUBMISSIONS OF THE PARTIES
(3.) I have heard Sri D. P. Singh and Sri Amaresh Singh, counsels for the petitioners and Sri A. K. Singh, counsel for the University. Dr. R. G. Padia, senior Advocate and Sri Ashok Khare appeared as friends of the Court. Counsels for the petitioners have submitted that degree of B. Ed. is not necessary for admission in M.Ed., a recognised diploma in L.T. is sufficient. They have raised following two submissions : (i) B.Ed. not a minimum qualification for appointment as a lecturer in B.A. (Education) in the Faculty of Arts in the Purvanchal University. Petitioners have all other qualifications for such appointment except M.Ed, degree, as such they have minimum qualifications for admission in M.Ed. (ii) Diploma in L.T. and degree in B.Ed, are equivalent : the relevant rules also so indicate. A purposive construction, In contradistinction to literal construction, may be adopted so as to include recognised diploma in B.T. or L.T. in place of B.Ed, degree. 1st SUBMISSION : PETITIONER LECTURER IN B.A. (EDUCATION) Relevant Rules and Statutes;