GARG, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 7. 10. 2003 against the respondents with a prayer that by an appropriate writ, order or direction the respondents be directed to grant admission to the petitioner in the Veterinary Nursing Course, 2003-2004 as advertised vide advertisement dtd. 7. 6. 2003 (Annex. 4) issued by the Dy. Director (Training), Animal Husbandry Department, Government of Rajasthan, Jaipur.
(2.) THE facts of the case as put forward by the petitioner are as under: i) THE petitioner is a bonafide resident of Rajasthan and he passed his Secondary Examination in the year 2000 from the Board of Secondary Education for Rajasthan in first division with 70. 17% marks. THEreafter he passed Sr. Secondary Examinations in Hindi, Chemistry, Biology, English and Physical from National Institute of Open Schooling in the year 2003 which is a institute of Government of India, New Delhi and passed in good Second Division with 59. 4% marks. Copy of the bonafide certificate is marked as Annex. 1. Copy of mark-sheet of Secondary examination is marked as Annex. 2 and copy of mark-sheet of Sr. Secondary Examination is marked as Annex. 3. ii) Further case of the petitioners is that the respondent No. 2 (Dy. Director, Training) issued an advertisement dtd. 7. 6. 2003 (Annex. 4) for admission to two years Veterinary Nursing Course 2003-2004 and in pursuance of that advertisement dated 7. 6. 2003 (Annex. 4), the petitioner applied and he was placed in the merit list at serial No. 92 and thereafter he was called for counseling vide letter dated 25. 8. 2003 (Annex. 6) issued by respondent No. 2 (Dy. Director, Training) which was held in the office of respondent No. 2 (Dy. Director, Training) on 22. 9. 2003. iii) Further case of the petitioner is that at the time of counselling and after seeing his mark-sheet of Sr. Secondary Examination (Anex. 3), the petitioner was denied admission on the ground that the qualification of Sr. Secondary obtained by the petitioner from National Institute of Open Schooling, Govt. of India was not recognized in the State of Rajasthan, though according to the petitioner, the said qualification was duly recognized by NCERT. However, the petitioner was not given any official communication about denial of his admission. (iv) THEreafter the petitioner gave legal notice dated 25. 9. 2003 (Annex. 7) to the respondents, however, no action was taken by the respondents and hence this writ petition with the abovementioned prayer. In this writ petition, the main submission of the learned counsel for the petitioner is that the Sr. Secondary School Mark- sheet (Annex. 3) obtained by the petitioner is from a very prestigious institution of Govt. of India, which formerly known as National Open School, Government of India, New Delhi and the same is recognized by the Government of Rajasthan, as is evident from the guidelines (Annex. 8) issued by the Board of Secondary Education for Rajasthan annexed with the additional affidavit filed by the petitioner later on and as per Clause 8 of the guidelines (Annex. 8) issued by the Board of Secondary Education for Rajasthan, National Open School, Delhi was recognized by the government of Rajasthan and hence denial of admission to the petitioner is violative of Article 14 of the Constitution of India. Reply to the writ petition was filed by the respondents and their case is that the petitioner,s candidature was rightly rejected because he did not posses the required qualification as according to the respondents, a bare perusal of the advertisement dtd. 7. 6. 2003 (Annex. 4) issued by the respondent No. 2 (Dy. Director, Training) makes it clear that the from the Board of Secondary Education Rajasthan or from Central Schools which are located in Rajasthan state but the petitioner passed Sr,. Secondary Examination from National Institute of Open Schooling, Government of India, New Delhi and therefore, he was not fulfilling the conditions as mentioned in the advertisement dtd. 7. 6. 2003 (Annex. 4) and hence no case is made out and the writ petition be dismissed. Heard and perused the record. There is no dispute on the point that the petitioner is a bonafide resident of Rajasthan as is evident from the bonafide certificate (Annex. 1) issued by the Sub-Divisional magistrate, Nohar.
(3.) THERE is also no dispute on the point that the petitioner passed Secondary Examination from the Board of Secondary Education for Rajasthan in the year 2000 from a School situated in Rajasthan as is evident from the marksheet (Annex. 2 ). There is also no dispute on the point that the petitioner passed Sr. Secondary Examination from National Institute of Open Schooling, New Delhi, a school situated not in Rajasthan, but outside Rajasthan. There is also no dispute on the point that from the guidelines (Annex. 8) issued by the Board of Secondary Education for Rajasthan, the National Open School was recognized by the Government of Rajasthan. ;