- (1.) TARUN Agarwala, J. Admissions in B. Ed. course is governed by the regulations framed by National Council for Teacher Education (Standards Norms and Procedure) Regulations, 2005 (hereinafter referred to as the 'ncte' ). These Regulations were amended by a notification dated 20-7-2006 wherein the norms and standards were modified. Previously the minimum eligibility for admission was 45% marks in a Bachelor's degree or in a Master's Degree, but after the amendment, vide notification dated 20-7-2006, the eligibility criteria was increased from 45% to 50%. The controversy involved in the present petition revolves around clauses 3. 2. 1, 3. 2. 3 and 3. 3 of the Regulations framed by NCTE. For facility the said Regulations are quoted herein below : " (3. 2. 1) Candidate with at least 50% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme. (3. 2. 2) There shall be relaxation of marks/reservation of seats for candidates belonging to SC/st/obc communities and other categories as per the Rules of the Central/state Government, U. P. Administration concerned. (3. 3) Admission Procedure Admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government, U. P. Administration and the University. "
(2.) FROM a perusal of clause 3. 2. 1, it transpires that the candidates who held 50% marks either in B. A. or in M. A. or in an equivalent examination would be eligible for admission to the programme. Clause 3. 3 prescribes the procedure for the admission and stipulates that admissions would be made on merit on the basis of the marks obtained in the qualifying examination and/or in the entrance examination or through any other selection process, as per the policy of the authorities or the University, as the case may be. The B. Ed. course is being conducted in two colleges in the District of Allahabad, namely, K. P. Training College and S. S. Khanna Girls Degree College. The present dispute is with regard to the denial of admission to the petitioner in S. S. Khanna Girls Degree College. The aforesaid two colleges are constituent colleges of the Allahabad University which has been declared to be a Central University by the University of Allahabad Act 2005. As per clause 3. 3 of the Regulations, the University has framed its own policy providing the procedure for the admission in the B. Ed. Course. A copy of the policy framed by the University is enclosed as Annexure 4 to the writ petition. A perusal of the policy framed for the B. Ed. course 2006-07 indicates that the forms would be made available from 5-10-2006 to 17-10-2006 and that the examination would be conducted on 12- 11-2006. Clause 1. 1. 1 of the policy indicates that a candidate must possess a minimum of 40% marks in B. A. in order to be eligible for applying for the B. Ed. course. Clause 2. 2. stipulates that a candidate would be required to appear in a common entrance examination conducted by the University and if the candidate obtained 40% marks in each paper, he would qualify and would be eligible to be included in the select list. Clause 2. 6 stipulates that the marks obtained in the examination papers would be computed and added together and thereafter weightage, if any, would be given and thereafter the candidate would be placed in the select list.
(3.) BASED on the aforesaid policy framed by the University, the petitioner applied for the B. Ed. course and appeared in the entrance examination. The petitioner secured 35% marks in one paper and 45% in the second paper. Since she did not fulfil the minimum eligibility requirement contemplated under Clause 2. 2, namely 40% marks in each paper, she could not qualify and therefore, her name did not appear in the list of successful candidates. It is pertinent to mention here that the examination was conducted in November, 2006. It has been stated at the Bar that within a fortnight thereafter, the results were declared in December, 2006 and thereafter the session had begun. Admittedly, the course is of one year. The present writ petition was filed on 1-5-2007, after more than 5 months from the date of the declaration of the result. The petitioner has prayed for the following reliefs, namely : " (i) Issue a writ, order or direction in the nature of certiorari calling for the records of the case and to quash the paras 2. 2 and 2. 6 of the rules, in so far as the same provides minimum cut-of marks and addition of weightage after securing minimum 40 marks as violative of Regulations 2006, namely "national Council for Teacher Education (Standards, Norms and Procedure) (Amendment) Regulations, 2006" framed by N. C. T. E. (Annexure No. 2 ). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to admit the petitioner in B. Ed. Course Session 2006-2007 by treating her eligible inasmuch as she has obtained total 169. 75 marks, whereas the lowest merit is 166 marks. ";