PRASENJIT MANDAL,J - (1.) THIS application is at the instance of a student and is filed for admission to Bachelor in Education Course for the year 2012-13 under the respondent university.
(2.) THE short fact is that the petitioner obtained the degree of Bachelor of Arts with Honours in Bengali, 1st Class from the Rabindra Bharati University and then he was admitted to the Course of Masters of Arts in the said 2nd University and he passed the said examination in Class. Thereafter, pursuant to an advertisement, the petitioner applied for admission to Bachelor in Education Course for the year 2012-13 in Jagadish Chandra Basu Sikshak Sikhshan Mahavidyalaya. The final merit list was published on April 23, 2012 but the petitioner's name did not appear and so, this writ application has been preferred. The short question involved in the matter is whether the respondents are and particularly the respondent university is justified in allotting 5% of the total seats for the migrant students and whether the action of the respondents is arbitrary and violative of Article 14 of the Constitution.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that the writ petitioner obtained his B.A. and M.A. Degrees from the University of Burdwan and he applied for pursuing the B.Ed. Course for the session 2012-13 under the University of Calcutta. Whenever he applied to the aforesaid Course under the respondent university, it is supposed that he must have been aware of the rules and regulations of the respondent university. The relevant rule necessary to solve the dispute here, I find, has been mentioned by the writ petitioner in his writ petition in Annexure P-4 at page no.32 which is set out below:- "5. The 5% of the total seats is to be reserved for only Migrant students. The full list based on merit, norms and conditions of NCTE and C.U. be published on the website of the respective colleges and one copy of the same to be submitted in the Office of Secretary, F.C. for P.G. studies in Education, Journalism, Library and Information Science." ;