- (1.) PRADEEP Kant, J. By this petition Ram Prasad Kushwaha claims recognition of the degree of Bachelor of Programme (B. A.), (one sitting), of the Bhartiya Shiksha Parishad U. P. and consequently also the prayer for declaration of the result of the B. Ed. Examination conducted by the Bundelkhand University for the academic session 1997-98. It appears that the petitioner swayed by the scheme of the Government of India for providing Education from Open Universities, applied for admission in the aforesaid examination of B. A. to the Bhartiya Shiksha Parishad Uttar Pradesh which is a registered body under the provisions of Societies Registration Act, 1860 for providing education under the Open University System. The petitioner completed his one year's course which is known as one sitting course of Bachelor of Programme (B. A.) in August, 1995. He was issued a mark sheet which shows that Bhartiya Shiksha Parishad U. P. conducted examination under Open University System, the name of which is Bachelor of Programme (B. A.) in one sitting. The petitioner succeeded in that examination.
(2.) AFTER clearing the aforesaid examination the petitioner applied for admission in the B. Ed. Course of the Bundelkhand University wherein he became successful in the test and was required to deposit Rs. 5,000/- on 11-7-1997 under the special Scheme for entrance. The petitioner was issued admission card in B. Ed. Special scheme on 12-7-1997; accordingly the petitioner was given admission in Atarra College Atarra District Banda. The petitioner got himself admitted in the aforesaid college and as per his case after one year study he appeared in the examination in the year 1998 with Roll No. 97252. However, the Bundelkhand University did not declare the result and on contacted by the petitioner he was informed that his B. A. (Bachelor of Programme) examination conducted by the Bhartiya Shiksha Parishad was neither a recognised degree nor was a degree of the minimum duration of 3 years which is the usual duration of graduate degree, the minimum basic educational qualification required for pursuing B. Ed. course. The petitioner, therefore, has approached this Court for the reliefs aforesaid. A counter-affidavit has been filed by the University specifically stating therein that B. A. Examination which has been cleared by the petitioner is not a recognised degree and that in the absence of the minimum basic educational qualification, the petitioner could not have been admitted in the B. Ed. Course nor he could be allowed to appear in the examination but since due to inadvertence this fact could not be noticed by the University at the time of admission, therefore, admission was wrongly given, but this fact in itself could not give any right to the petitioner to get the result declared of B. Ed. Examination. A plea regarding the duration of the course of the graduate degree to be of 3 years as against the B. A. Degree of one year has also been taken by the learned Counsel for the respondents. Sri Ram Swaroop Singh learned Counsel for the petitioner could not satisfy the Court and rather admitted that unless the petitioner was possessed of the basic educational qualification, the minimum qualification which was necessary for making him eligible for taking admission in B. Ed. Course, the petitioner could not have been given admission in the B. Ed. Course, but he qualified the aforesaid argument by arguing that the petitioner is not at fault when he took admission with the Bhartiya Shiksha Parishad, little knowing that the degree which is to be given by the Parishad under the Open University Scheme would not be a recognised degree and that further when he was duly admitted by the University wherein he had not concealed any material fact regarding his educational qualification, he has a right to get his result declared.
(3.) I have considered the pleas raised from both the sides and I find that it is a hard case for the petitioner which deserves sympathy but the Court would not be issuing any mandamus for declaration of the result where the petitioner inherently lacks the basic educational qualification for being admitted in the B. Ed. Course. The plea that since the admission has been made and, therefore, the result be declared can also not be sustained for the simple reason that if the petitioner is not eligible for being admitted and/or it was by inadvertence or otherwise he was admitted, it could not give any right to him for pursuing the B. Ed. Course or seeking declaration of the result.;