Sangeet Lodha, J. - (1.) By way of this writ petition, the petitioner is seeking directions to the respondent University to issue the mark sheet of B.Ed. Examination wherein she had appeared during the academic session 2008-09.
(2.) The facts relevant are that the petitioner passed the Senior Secondary Examination in the year 1993 from Board of School Education, Haryana. She appeared in B.A. (One Sitting) Programme conducted by Kurukshetra University, Kurukshetra in the year 1997. She was declared pass and the statement of marks was issued to her on 15.12.97. On the strength of the Graduation Degree obtained as aforesaid, the petitioner applied for appearance in Pre Teachers Education Test (P.T.E.T.) in the year 2008, conducted by Jai Narayan Vyas University, Jodhpur. The petitioner appeared in the P.T.E.T. and was declared successful in the said examination. On being declared pass, after counseling the petitioner was allotted Dadhimati Mahila T.T. College for admission to B.Ed. Course. The petitioner took the admission in the said college, deposited the fee and an identity card was also issued to her as a regular student. The petitioner appeared in the B.Ed. Examination and was declared pass, however, she was not issued original mark sheet of the examination. Hence, this petition.
(3.) A reply to the writ petition has been filed on behalf of the respondent University that in General Instructions issued to the candidates appearing in P.T.E.T., it was clearly mentioned that only those candidates who have secured at least 45% marks in aggregate in Bachelors/Masters Degree of the J.N.V.University or from any other University whose Bachelors/Masters Degree is recognized equivalent of the degree issued by the J.N.V. University shall be eligible to appear in the examination. That apart, vide instruction no.10 (v)(c), it has been made clear that those candidates who have obtained their degree through correspondence course or have obtained the degree by appearing in only one year final part examination, shall not be entitled to appear in P.T.E.T. Examination. It is further made clear that the candidate has to determine his own eligibility to appear in P.T.E.T. Examination because at the stage of appearance in the examination it is not necessary for the University to scrutinize the application form and if at later stage, it is revealed that the candidate is ineligible to appear in the examination, no right will be created in his favour. It is submitted that One Sitting Bachelor Degree offered by the Kurukshetra University is not equivalent to the Bachelor Degree of the J.N.V. University and thus, the petitioner was not eligible to appear in the P.T.E.T. Examination. It is submitted that the petitioner has appeared in the examination by misrepresentation and now after scrutiny, she having been found ineligible, no right is created in her favour on account of her passing the examination. It is submitted that if the factum of ineligibility comes to the knowledge of the University even at later stage, the mark sheet issued can be cancelled.;