Rajasthan High Court - Jaipur
Laiyka Band vs Principal Om Shiv Mahila T T College Ors on 7 July, 2017
Author: Alok Sharma
Bench: Alok Sharma
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
S.B. Civil Writ Petition No.9953/2017
Laiyka Band, D/o- Mustak Ahmed Ladla, B/C- Muslim, Aged About 29 Years,
R/o- Behind Madarsa, Darul Adab School, Nagori Mohalla, Dausa, Rajasthan.
----Petitioner
Versus
1. Principle, Om Shiv Mahila T.T. Collage, Dausa Kasba, Jaipur Road, Dausa.
2. Controller of Examination, Om Shiv Mahila T.T. Collage, Dausa Kasba,
Jaipur Road, Dausa.
3. University of Kota, Through Vice-Chancellor, Kota.
4. University of Kota, Through Office Coordinator, P.T.E.T., Kota.
5. University of Rajasthan, Through Vice-Chancellor, JLN Marg, Jaipur.
6. University of Rajasthan, Through Registrar, JLN Marg, Jaipur.
----Respondents
Date of Order: July 07, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Pradeep Sharma, for the petitioner.
Mr. Ashish Sharma, for the respondent University.
BY THE COURT:
This petition has been filed challenging the order dated 24-6-2017 with a prayer to direct the respondents to allow the petitioner to continue her B.Ed. course to which she was admitted after passing PTET examination 2016-17.
The case of the petitioner is that she was admitted to the two year B.Ed. Course following passing of the PTET Examination 2016-17. She was 2 allotted the Om Shiv Mahila TT College Dausa, Jaipur Road, Dausa, paid the requisite fee, and regularly attended the classes. Aside of aforesaid she also completed the requisite internship. However vide order dated 24-6- 2017 her admission was cancelled for the purported reason that she was not eligible for admission to the B.Ed. Course, as she had passed BAP from Vardhman Mahaveer Open University, Kota. Her representation to respondents were of no avail. It has been submitted that the action of the respondents is wholly arbitrary and unjust with fatal implications on the petitioner's career prospects.
Counsel for the petitioner placed reliance on the judgment of this court in the case of Kanta Agrawal Vs. Principal Lal Bahadur Shastri Mahila TT College Jaipur, SBCWP No.4578/2017, decided on 25-4-2017, wherein the petitioner in that case having passed BAP from Vardhaman Mahaveer Open University Kota having passed PTET examination was admitted to the 2 year B.Ed. course. Her admission then being cancelled for alleged ineligibility, she approached this court thereupon. This court decided SBCWP No.4578/2017 on 25-4-2017 and quashed the order of her cancellation of admission to the B.Ed. course. And directed that her admission was lawful as she had the eligibility. The court directed that she therefore be allowed to complete the B.Ed. course. Counsel for the petitioner submitted that the case of the petitioner is on all fours with the case of Kanta Agrawal (supra), and this petition be similarly disposed of.
Mr. Ashish Sharma counsel for the respondent university has fairly conceded that the petitioner has indeed after passing B.Ap from 3 Vardhaman Mahaveer Open University passed PTET examination 2016- 17 and she was allotted a college for being admitted to the 2 year B.Ed. course. She thence deposited the requisite fee, was admitted and regularly attended classes. She also completed her internship. The issue of BAP supplying eligibility for admission to B.Ed. in the academic year in question indeed stands decided in favour of the petitioner.
Having heard counsel for the parties and considering respective submissions, it is evident that the issue agitated by the petitioner stands decided in her favour in the case of Kanta Agrawal (supra). The impugned order dated 24-6-2017 cancelling the petitioner's admission to the B.Ed. course with the Om Shiv Mahila TT College Dausa following her passing the PTET 2016 examination is therefore quashed and set aside. The respondent college/ university is directed to allow the petitioner to continue her 2 year B.Ed course without any obstruction. Consequences to follow.
The writ petition stands allowed accordingly.
(Alok Sharma), J.
arn/ 4 All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.