K. Kannan, J. - (1.) CM No. 11886 of 2014 CM is allowed. The documents are taken on record. CWP No. 6638 of 2014
(2.) THE petitioner seeks to challenge an order disqualifying her from completing her B.Ed. course at the last semester, she having completed her 1st year B.Ed. course after admission. The impugned order is passed on 3.2.2014 on the ground that her graduate course in BCA from the Punjab Technical University under distance education mode which did not fulfill the eligibility criterion for admission to B.Ed. course. The counsel for the petitioner would submit that the eligibility criterion as mentioned in the prospectus was, as follows: - "2. Eligibility a) The B.Ed. examination shall be open to only those graduates or post graduates of Guru Nank Dev University, Amritsar or any other recognized University who had been admitted to B.Ed. course strictly on the basis of their relative merit in Pre -B.Ed. Entrance Test conducted by Guru Nanak Dev University, Amritsar or any other University, on behalf of the Punjab Government or any other mechanism for admission devised by the affiliating university or Punjab Government whatever the case may be." The counsel would contend that after her BCA degree, she has been admitted to postgraduate course in English from the same university and she has secured postgraduate degree as well. It was only after her postgraduate degree that she was admitted to B.Ed. course. Since the eligibility mentioned contemplates only graduates or postgraduates of Guru Nanak Dev University, the qualification she obtained in Guru Nanak Dev University was itself sufficient to feed her eligibility criterion for admission to B.Ed. course. The counsel appearing on behalf of the respondents would say that even for postgraduate course in the University, distance education mode in graduate course was not permissible and, therefore, admission granted to postgraduate course was under a mistake and consequently the B.Ed. admission was also irregular.
(3.) I reject this contention as untenable and most unfair for a university to take up. If a person has secured a postgraduate degree in regular course from the university and that is also described to be eligibility criterion, the fact that the petitioner had been conferred with the postgraduate degree itself must be taken as fulfilling the necessary requirement for admission to B.Ed. course. Assuming for argument sake, in the manner contended by the counsel for the university, that the admission to postgraduate was under a mistake, the postgraduate degree the petitioner has obtained does not vanish into thin air. It would be impermissible for the university to withdraw a postgraduate degree that was issued by it to the petitioner and without any such action even if permissible, the disqualification made at the fag end of her B.Ed. course would be grossly unjust.;