S.N.Srivastava, J. - (1.) THE dispute in the present petition relates to the admission in B.Ed, course in 2005-06 Session in M.J.P. Rohilkhand University, Bareilly. Petitioner passed Graduation with the subjects English, Economics and Political Science, but secured less than 45% marks. He completed Post Graduation in Sanskrit with more than 45% marks. Admission Committee of the University refused to admit petitioner on the ground that he did not fulfil the criteria fixed by the Admission Committee inasmuch as requisite qualification of having Post Graduation Degree in any subject of Graduation is not fulfilled. Thus, petitioner approached this Court praying to issue a writ of mandamus commanding the University to admit petitioner in B.Ed. Course.
(2.) HEARD Sri Anubhav Chandra, learned Counsel appearing for the petitioner and Sri Govind Saran, learned Counsel appearing for the University. Learned Counsel for the petitioner urged that the admission in B.Ed. Course is governed by Section 28(5)(b) of the U.P. State Universities Act, 1973. Rules for Admissions of B.Ed. Course under U.P. State Universities Act also framed by the State Government and the Admission Committee was not competent to take a decision to the contrary. He further urged that according to Rules for Admission to Courses of Instruction for Degrees in Education in Affiliated or Associated Colleges of State Universities, 1983, the eligibility criteria for admission in B.Ed. Course is Graduation/Post Graduation with at least two school teaching subjects with 45% marks and the Admission Committee erred in law in fixing different criteria, i.e., Post Graduation with one school teaching subject opted at Graduation level. He further relying upon the Form No. 3 of National Council of Teacher Education which lays down eligibility criteria for admission in B.Ed. Course, i.e., the candidates should have opted two school teaching subjects at Graduation Level. According to learned Counsel for the petitioner school teaching subjects is defined in own Admission Brochure of the University (Annexure-2 to the writ petition), are Science, Biology, Mathematics, Commerce, Hindi, English, Sanskrit, Music, Home Science, Art, Social Science (History, Geography, Civics & Economics) at Graduation Level. It is urged that petitioner completed his Graduation in two School Teaching, i.e., Subjects English and Economics and Post Graduation in Sanskrit which is also one of school teaching subject. Lastly, learned Counsel for the petitioner prayed for issuing a writ of mandamus to admit petitioner in B.Ed. Course. In reply to the same, Sri Govind Saran, learned Counsel for University urged that Admission Committee is a statutory body under Section 28 of the U.P. State Universities Act which correctly fixed criteria for admission in B.Ed. Course in order to maintain Teaching standard, i.e., a candidate seeking admission in B.Ed. Course should secure 45% marks in school teaching subjects at Graduation/Post Graduation level with a rider of opting any of such school teaching subject at Post Graduation. He further urged that petitioner did not pass Post Graduation in the same subject opted at the Graduation level, therefore, he was rightly refused admission in B.Ed. Course. He further urged that Admission Committee rightly fixed eligibility creiteria for admission in B.Ed. Course.
(3.) CONSIDERED arguments of learned Counsel for the parties and perused the materials on record as well as relevant rules. Section 28(1) and (5)(b) of the U.P. State Universities Act are relevant for the purposes of the present case, the same are being reproduced below:- "28(1) There shall be an Admission Committee of the University the constitution of which shall be such as may be provided for in the Ordinance. ........................................... (5)(b) admission to medical and engineering colleges and to courses of instruction for degrees in education and Ayurvedic or Unani systems of medicine (including the number of students to be admitted), shall subject to Clause (a), be regulated by such orders (which if necessary may be with retrospective effect, but not effective prior to January 1, 1979) as the State Government may by notification, make in that behalf : Provided that no order regulating admission under this clause shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice.";