MAHIPAL NITHARWAL Vs. STATE OF RAJ & ORS
LAWS(RAJ)-2015-11-141
HIGH COURT OF RAJASTHAN (AT: STATE)
Decided on November 02,2015

Mahipal Nitharwal Appellant
VERSUS
State Of Raj And Ors Respondents

JUDGEMENT

- (1.) This court on 16.10.2015 had passed the following order:- "In the above said six writ petitions filed a common question has been raised regarding eligibility of the petitioners to the writ petitions for taking admission in B.Ed. Course run under the aegis of Maharshi Dayanand Saraswati University, Ajmer. Petitioners to all writ petitions have passed B.Tech Examination. It is not denied by the learned counsels for the petitioners and Shri R.A. Katta learned counsel appearing for respondent-University that a student while undertaking Course of B.Ed. has to acquire expertise in one teaching subject. Shri Katta has relied upon Ordinance of University wherein Chapter-XXXVII, following notes have been given:- "(1). 'Teaching subject' means a subject offered by the candidate at his Bachelor's, Shastri or Master's degree Examination either as a compulsory subject or as an optional object or as a subsidiary subject, provided that the candidate has studied it for at least two years and also took the University Examination each year, but shall not include such subjects as were studied by him only for a part of the Bachelor's Degree in Two year course and the university takes examination only in the Final Year (2nd year), they shall also be treated eligible if the Degree of the University is recognised as equivalent to Bachelor's degree by the University of Rajasthan. Thus, the qualifying subjects like General English, General Hindi, General Science, General Education, History of Indian Civilization and Culture, Elementary Mathematics etc. prescribed for the First Year TDC Course of the University or a subject dropped by the candidate at the Part I stage of the Degree course shall not be treated as a teaching subject. In the case of the Honours graduates, besides the Honours subjects, the subsidiary subject would also be taken into account provided that the candidate studied the same for two consecutive years and also took the University examination each year. (2).......... (3).......... (4).......... (5).......... (6).......... (7).......... (8) (i) A student teacher of B.Ed. Course should have no difficulty in offering teaching subjects in Ordinary Level Course according to subjects offered by him at the Bachelor's and/or Master's Degree examination. A student teacher can offer any two subjects irrespective of the Faculty consideration in this regard. He can offer any two subject from Ordinary Level Course Group-A/or Group-B and/or Group-C. (ii) For Shiksha Shastri Ordinary Level Course, a student teacher shall have to offer Sanskrit as one of the teaching subjects of Ordinary Level Course and the Second teaching subject can be from any group irrespective of the Faculty consideration." Shri Katta has submitted that it is necessary for each candidate to have studied a teaching subject while doing graduation continuously for two years. Shri Katta submits that no candidate for a period of two years has studied the subject, which he intend to opt as a teaching subject by passing the examination undertaken by the University annually.
(2.) Learned counsels for the petitioners to controvert the submissions advanced by Shri Katta has stated that in the mark-sheets issued in favour of the petitioner in few semesters same subject has been given another nomenclature. The controversy raised before this court is required to be examined by the body of experts. It is not denied that the respondent University has an Equivalence Committee to examine the issue raised before this court. Hence, in these circumstances it is ordered that the Equivalence Committee shall hold a meeting to determine the qualification of the petitioners for eligibility to take admission in B.Ed. Course on 26.10.2015 at 10.30 P.M. The said date has been suggested by Shri Katta learned counsel for the University. The Equivalence Committee shall also afford opportunity of hearing to the petitioners and shall take their mark-sheets into consideration while determining equivalence for the purpose of eligibility for admission to B.Ed. Course. The Equivalence Committee after holding meeting shall pass necessary orders within three days. To await the orders to be passed by the Equivalence Committee, list these petitions on 31.10.2015. The University is further directed to reserve one seat each for the petitioners. Copy of this order under the signature and seal of the court master be handed over to Shri R.A. Katta for onward transmission and compliance."
(3.) In pursuance of the above said order passed by this court, Shri R.A. Katta has placed before this court in a sealed cover report of High Powered Equivalence Committee. Sealed cover has been opened in the presence of learned counsels for the parties. Report of the High Powered Equivalence Committee reads as under:- 1640210-1 Leaned counsel for the petitioners have also gone through the contents of the report of the High Powered Equivalence Committee.;


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