JUDGEMENT
Alok Sharma, J. -
(1.) The case at hand is a peculiar one where the petitioner having written the PTET -2014 examination and admittedly passed therein, then inducted into the B.Ed. course 2015 is now sought to be excluded from the benefit thereof and disallowed from writing the B.Ed. examination 2015 despite having completed one year course of study on the ground of her alleged ineligibility to write the PTET -2014 examination and lack of right to pursue the B.Ed. Course. Ineligibility with its consequence is sought to be attributed to the petitioner on the ground that her Part -I year marks in the B.Com. course obtained by her while reading at Osmania University prior to her migration/transfer to the University of Rajasthan in B.Com. Part -II cannot be taken into reckoning for determination of her aggregate marks in the qualifying examination (B.Com.) as mandated by the PTET -2014 guidelines/instructions.
(2.) The facts of the case are that the petitioner got herself enrolled as a regular student in B.Com. Part -I at the Kasturba Gandhi Degree & P.G. College for Women under Osmaina University. Subsequent to having passed B.Com. Part -I examination from the aforesaid University, the petitioner was allowed to migrate to the University of Rajasthan and admitted to B.Com. Part -II. She therefore was enrolled with the University of Rajasthan and admitted as a regular student in the Kanoria Mahila Mahavidhyalaya, Jaipur. She then passed the B.Com. Part -II and Part -III examination from the University of Rajasthan.
(3.) The petitioner thereafter applied for the Pre Teachers Education Test, 2014 (PTET -2014) for being admitted to B.Ed. Course. PTET -2014 guidelines provided that for being eligible for writing the said examination, the candidate should have obtained 50% marks in the aggregate in the qualifying examination. The petitioner was admitted to the said examination 2014. Having passed PTET -2014 examination and being meritorious, the petitioner was allotted the Meera Keshav Mahila TT College and pursued the entire one year B.Ed. course. At the end of the year's study she filled up her examination form. However, she was communicated vide letter dated 23.05.2015 that she was deficient in eligibility for the PTET -2014 examination, wrongly allowed to write the said examination and then had been wrongly admitted to the B.Ed. Course 2015. Therefore she could not be allowed to write the B.Ed. examination, 2015. The specific reason alleged was that the petitioner had obtained below 50% marks in the aggregate in B.Com. course as computed on the basis of her B.Com. Part -II and Part -III marks obtained while she was admitted in the University of Rajasthan but excluding the B.Com. Part -I marks she had obtained as student of B.Com. Part -I while with the Osmania University. The reason was attributed to Ordinance 177 of the University of Rajasthan Ordinances which reads as under:
"Ordinance: 177. Candidates who have passed the Part -I Exam in Arts, Social Science and Commerce excluding Agriculture, Home Science and Sanskrit Studies from any University recognized for the purpose by the Syndicate or from an autonomous College established by statutory provisions may be permitted to appear at Part -II Exam, subject to the following:
(a) Such candidates will not be required to appear in any compulsory/core/optional subject of Part -I Exam of the University. However, they will be required to offer the same subjects which they have offered for Part -I Examination.
(b) The division of such candidates shall be worked out on the basis of marks obtained by them at the Part -II and Part -III Examinations only and a mention shall be made in their Degree that the candidate obtained the Degree after two years study of the course in the University".;
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