Madras High Court
R.Pramila vs State Of Tamilnadu on 11 November, 2011
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11/11/2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12177 of 2011 and M.P.(MD) Nos.1 to 3 of 2011 R.Pramila ... Petitioner Vs. 1.State of Tamilnadu, Rep. by the Principal Secretary to the Government, Department of Higher Education, Fort St. George, Chennai. 2.The Registrar, Tamil Nadu Teachers Education University, Lady Willingdon College Campus, Kamarajar Salai, Chennai - 600 005. 3.The Principal, Peace College of Education, Vittalnayakkanpatty, NH-7, Dindigul to Karur Road, Sukkampatty Post, Dindigul District - 624 709. ... Respondents PRAYER Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the Order of cancellation of the admission of the petitioner passed by the second respondent in his proceedings in No.TNTEU/R/Eligibility/CC/10610/2011/1505 dated 12.10.2011 and quash the same and further directing the second respondent to approve admission of the petitioner into the B.Ed., course in the third respondent college during the academic year 2011-2012. !For Petitioner ... M/s.M.Vallinayagam ^For Respondents 1 and 2... Mr.B.Pugalenthi Special Government Pleader :ORDER
****** The petitioner R.Pramila has filed the present Writ Petition seeking issue a Writ of Certiorarified Mandamus calling for the records relating to the Order of cancellation of the admission of the petitioner passed by the second respondent in his proceedings in No.TNTEU/R/Eligibility/CC/10610/2011/1505 dated 12.10.2011 and quash the same and further directing the second respondent to approve admission of the petitioner into the B.Ed., course in the third respondent college during the academic year 2011-2012.
2. Heard Mr.M.Vallinayagam, the learned Counsel for the petitioner. Mr.P.Pugalenthi, learned Special Government Pleader appearing for the respondents.
3. By consent of both parties, this Writ Petition itself is taken up for final disposal.
4. The learned Counsel appearing for the petitioner would submit that the petitioner after completing 10th standard in EVRN Corporation Girls Higher Secondary School, Madurai in April, 1992 joined in 11th standard in the very same school in the academic year 1992-1993 and after promotion to +2 standard, she discontinued the plus two standard. Subsequently, in the year 1995, she got married and after the marriage due to encouragement given by her husband to go for further studies, she also obtained technical education in higher grade in Embroidery course and needle work and dress making course in the month of December, 2004. She has also qualified Technical Teacher certificate in sewing in the month of December, 2005. Subsequently, in the year 2007, the State Government has issued a Government Order in G.O.Ms.No.217, Personnel and Administrative Reforms (K) Department, dated 08.09.2007, declaring that the Diploma/Under Graduate/Post Graduate Degree Courses offered by the Tamil Nadu University shall be treated as equivalent to corresponding awards of the other Universities in the State under regular stream for the purpose of employment in public services. Therefore, the petitioner also decided to join B.Ed., course to become a school Teacher. But, for getting admission in B.Ed., course one has to possess undergraduate degree from any university. The petitioner also applied for the degree course in B.Sc., Mathematics with Computer Application to the Tamil Nadu Open University, Chennai. The petitioner has completed the course in Bachelor of Pre Preparatory Programme (BPP), for which she was also issued with a certificate. Subsequently, after completing the Bachelor of Pre Preparatory Programme (BPP) course, she joined undergraduate in B.Sc., Mathematics with Computer Application in the Tamil Nadu Open University, and that she has also passed the undergraduate degree course in the month of January, 2011. In the meanwhile, as she had discontinued her plus two studies in the year 1993, she wanted to complete the plus two standard. On that basis, she appeared for the public examination held in the month of March 2010, and finally she passed the plus two examinations in the month of September, 2010, hence, the learned Counsel contended that the petitioner cannot be disqualified on the ground that the petitioner has obtained undergraduate degree before acquiring 10+2 pattern of educational qualification.
5. The learned counsel further submitted that the clause (ii) of guideline No.II, for admission to B.Ed., courses for the year 2011-2011 found in Annexure to G.O.Ms. No.162, Higher Education (G1) Department, dated 14.07.2011, also clearly shows that the candidates who have passed the under graduate or post graduate degree in Open University System without qualifying in 11 years S.S.L.C. examination and one year of pre-university course (PUC) examination or 10+2 pattern of School Education examination shall not be considered for admission cannot be put against the petitioner since the petitioner has passed B.Sc., degree by Open University System in the month of April, 2011 only after completing plus two standard/examinations in the month of September, 2010. On this basis, he prayed for setting aside the impugned order with further direction to the second respondent to approve the admission of the petitioner into B.Ed., course in the third respondent college for the academic year 2011- 2012. According to him, the clause (ii) and note (f) to the clause (viii) of the guideline No.II state that the candidates who have qualified for Bachelor's degree under Open University system without passing 10th and +2 examinations and subsequently passing 10th and +2 examinations are not eligible for admission to B.Ed., Degree Course cannot be held against the petitioner as the petitioner cannot be covered under the above mentioned disqualifying clauses for the reason that only after the completion of +2 examinations in the month of September, 2010, the petitioner has completed B.Sc., in Mathematics degree in the month of April, 2011 which goes to show that the petitioner only after passing S.S.L.C., in the year 1992, has completed +1 in the year 1993 and after discontinuation of +2 the petitioner has also subsequently completed and passed the +2 in September, 2010 and after acquiring +2, the petitioner has passed B.Sc., Mathematics in April, 2011. Therefore, the petitioner is a qualified candidate to get admission in B.Ed., Degree course in the third respondent college. On this basis, the petitioner has come to this Court with the above prayer.
6. Per contra, the learned Special Government Pleader appearing for the respondents would submit that the conditions mentioned in clause (ii) of the guideline No.II for admission to B.Ed., course for the academic year 2011-2012 clearly says that a candidate who has passed under graduate without qualifying 10+2 pattern of educational qualification shall not be considered for admission. Further, note (f) to clause (viii) of the guideline No.II also clearly says that the candidates who have qualified for Bachelor's degree under Open University system without passing 10th and +2 examinations and subsequently passing 10th and +2 examinations are not eligible for admission to B.Ed., Degree Course. Let us read the guidelines which are given as under:
"II. Eligibility and Educational Qualification
(i) The candidates should have undergone 10+2+3(15) or 11+1+3 (15) pattern of study and passed the qualifying examination conducted by the respective State Board or CBSE or any other recognized Board of Education/Examination and U.G. Degree examination of the UGC recognized Universities in any one of the school subjects offered by the Directorate of School Education at the Secondary / Higher Secondary Education level.
(ii) Candidates who have passed the U.G. or P.G. degree in Open University System without qualifying in 11 years SSLC examination and 1 year of Pre-University Course (P.U.C) examination or 10+2 pattern of School Education examination shall not be considered for admission.
viii (d) Rounding of marks to the next higher integer shall not be permitted
(e) The Candidates who have qualified for Bechelor's Degree under Open University system after passing 10th std. and +2 Examinations shall alone be considered for admission to B.Ed. Degree Course.
(f) The candidates who have qualified for Bechelor's Degree under Open University system without passing 10th and +2 examinations and subsequently passing 10th and +2 examinations are not eligible for admission to B.Ed., Degree Course."
7. With this guidelines, if we look at the stage at which the petitioner has completed her 10+2 examinations and the under graduate in B.Sc., Mathematics, the petitioner's request for admission to B.Ed., course cannot be accepted. He has also further submitted that the petitioner after passing her 10th standard in the month of April, 1992 and +1 in the year 1992-1993, she got married. In view of her marriage status, she had discontinued her +2 course and subsequently, in September, 2010, she completed her +2 examinations and after completion, the petitioner in the month of April, 2011, i.e. within seven months, she also completed B.Sc. Mathematics by open university system. This would clearly go to show that the petitioner even before completing her +2 standard, she admittedly joined the under graduate degree course in B.Sc., Mathematics and passed the same in April, 2011. These admitted facts vividly show that the petitioner has qualified the bachelor's degree under Open University system without passing 10+2 examination that is apparently going against the guidelines issued for admission to B.Ed., Courses for the year 2011- 2012, hence, the case of the petitioner cannot be considered. This Court finds merits in his submission. For, the admitted case of the petitioner is that she has passed her 10th standard examination in the year 1992, subsequently she also continued her higher studies by joining +1 in the year 1992-1993 and she has completed +1 in the year 1993, thereafter, due to circumventing factor that she got married, she was not able to complete her +2 course, however, she was able to complete her plus two examinations in the month of September, 2010. But, before completing +2 standard, which she admittedly completed in the month of September, 2010, she has got admission for under graduate degree in B.Sc., Mathematics through Open University System. As the under graduate degree in B.Sc., Mathematics being a three years course, as submitted by the learned Counsel appearing for the petitioner, the petitioner has completed and acquired B.Sc., in Mathematics in the month of April, 2011, therefore, this Court cannot accept his submission that the petitioner is eligible candidate to get admission in B.Ed., course. Because, if we look at the guidelines as mentioned in clause
(ii) of the guideline No.II for admission to B.Ed., degree courses for the academic year 2011-2012 read with note (f) to clause (viii) of guideline No.II, a conjoint reading goes without saying that a candidate who is qualified for bachelor's degree under Open University System without passing 10th and +2 examinations are not eligible for admission to B.Ed., course.
8. Therefore, in my considered opinion, the argument advanced by the learned Counsel appearing for the petitioner that the petitioner after passing +2 examinations in the month of September, 2010, she qualified undergraduate degree in B.Sc., Mathematics in the month of April, 2011 does not fall in line with the two guidelines mentioned above. As per the reading of the above mentioned two guidelines, a candidate who wants to get admission in B.Ed., course, should have completed 10th and +2 examinations and then should have qualified the undergraduate degree. Admittedly, in the present case, after passing +2 examinations in the month of September, 2010, the petitioner has also obtained B.Sc., degree in the month of April, 2011 i.e. within six month after completing +2 standards examination, therefore, I have no hesitation to hold that the petitioner is ineligible candidate to get admission in B.Ed., hence, the writ petition is liable to be dismissed and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
srm To
1.The Principal Secretary to the Government, Department of Higher Education, Fort St. George, Chennai.
2.The Registrar, Tamil Nadu Teachers Education University, Lady Willingdon College Campus, Kamarajar Salai, Chennai - 600 005.
3.The Principal, Peace College of Education, Vittalnayakkanpatty, NH-7, Dindigul to Karur Road, Sukkampatty Post, Dindigul District - 624 709.