A.P.Sahi, J. - (1.) THE petition relates to the Joint Entrance Examination 2010 for admission in B.Ed. Course.
(2.) THE issue raised in this petition is that the petitioners are being denied admission in the B.Ed. course on the ground that they have not achieved the minimum of 50% marks at their graduation level which is essential for being admitted in the said course. Learned counsel for the petitioners relies on the interim orders that were passed in this matter by the Lucknow Bench by a learned Single Judge. He further submits that in Writ Petition No. 51699 of 2010, taking notice of the stay order passed by the Division Bench in Special Appeal No. 608 of 2010, the matter has been directed to be listed after the decision in the said special appeal. In my considered opinion, interim orders are not binding precedents and therefore the matter has to be finally examined in terms of the regulations and statutory rules that are applicable for the purpose of admission in the B.Ed. course.
(3.) THE brochure which was issued on 13th April 2010 mentions that the percentage of marks in the graduation examinations should be 45%. This mention in the brochure is contrary to the statutory rule as prescribed by the National Council of Teachers Education which has been pointed out by Sri R.A. Akhtar quoted below: (2) Eligibility (a) Candidates with at least fifty percent marks either in the Bachelor's Degree and/or in the Master's Decree or any other qualification equivalent thereto are eligible for admission to the programme. (b) THE reservation in seats and relaxation in the qualifying marks in favour of the reserved categories shall be as per the rules of the concerned Government." The said notification dated 31.8.2009 categorically recites that the minimum of 50% marks is required either in the Bachelors Degree and/or in the Masters Degree or any other qualification equivalent thereto for being eligible to be admitted in the B.Ed. Programme.;