- (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 8.1.2001 against the respondents with a prayer that by an appropriate writ, order or direction, the petitioner be declared eligible for admission in B.Ed. Course 2000-2001 and now since he was given provisional admission for the year 2000-2001 by the order of this Court dtd. 19.1.2001, therefore, his result be declared.
(2.) The facts of the case as put forward by the petitioner are as under : i) That the petitioner belongs to OBC category as is evident from the OBC Certificate dtd. 22.5.1995 (Annex. 1). ii) Further case of the petitioner is that after qualifying the Sr. Secondary School Examinations, the petitioner passed B.Com. Part I (new Course) (Three Years' Degree Course) Examination, 1992 from Jai Narayan Vyas University, Jodhpur, a copy of the mark-sheet of B.Com. 1st year is marked as Annex. 2. Thereafter the petitioner passed B.Com. Part II Examinations in the year 1994 and B.Com. Part III Examinations in the year 1996 from Maharishi Dayanand Saraswati University, Ajmer and the mark-sheets of B.Com. 2nd year and 3rd year are marked as Annex. 3 and 4 respectively. iii) Further case of the petitioner is that guidelines (Annex. 5) were issued by the respondents for Pre-Teacher Education Test-2000. A bare perusal of guidelines (Annex. 5) at page 3 reveals that a person belonging to OBC category would be eligible if he had 40% of marks at his graduation level and since the petitioner had more than 40% marks, he was eligible for appearing in Pre Teacher Education Test-2000. iv) Further case of the petitioner is that he applied for appearing in Pre Teacher Education Test-2000 and he was given provisional permission to appear in the examinations through permission letter (Annex. 6) issued by respondent No. 2 (Co-ordinator, Pre-Teachers Education Test-2000, Mohan Lal Sukhadia University, Udaipur). v) Further case of the petitioner is that thereafter the petitioner took the above examinations and secured 451 marks out of 600 marks as is clear from the provisional mark-sheet (Annex. 7), but he was not allowed to deposit the requisite fee and he was refused admission in B.Ed. Course 2000-2001 on the ground that since he has passed examination of B.Com. 1st year from Jai Narayan Vyas University and second year and third year examinations from Maharishi Dayanand Saraswati University and since he did not secure 42% marks in B.Com. examinations (2nd and 3rd year) as his percentage of these two years was 41.67%, therefore, he was not given admission. vi) Further case of the petitioner is that since at page 33 of the guidelines (Annex. 5), there was specific provision for OBC candidates that the OBC candidates should be allowed to appear in the examination if they had secured 40% marks and therefore, since the petitioner had secured more than 40% marks in B.Com. 2nd and 3rd year examinations, he should have been given admission in B.Ed. Course 2000-2001. Hence, this writ petition with the abovementioned prayer.
(3.) It may be stated here that this Court vide order dtd. 19.1.2001 directed the respondent No. 3 (Shah Goverdhan Lal Kabra Teachers' College) to permit the petitioner to join the B.Ed. Course.;