Rajasthan High Court - Jaipur
Kanta Agarwal vs Principle Lal Bahadur Shastri Mahila ... on 25 April, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.4578/2017
Kanta Agarwal D/o Bhagwan Das Jindal W/o Buddhi Prakash
Agrawal, B/C Jain,, Aged About 29 Years, Behind Amit Auto
Agency, Sumer Nagar, Ajmer Road, Madanganj, Kishangarh,
Rajasthan.
----Petitioner
Versus
1. Principle, Lal Bahadur Shastri Mahila T.T. Collage, (L.B.S.P.G.
Collage Campus), Tilak Nagar Jaipur
2. Controller of Examination, Lal Bahadur Shastri Mahila T.T.
Collage, (L.B.S.P.G. Collage Campus), Tilak Nagar Jaipur
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
_____________________________________________________ For Petitioner(s) : Mr. Yogesh Pujari, Mr. Pradeep Sharma.
For Respondent(s) : Mr. Ashish Sharma.
_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 25/04/2017 Having been admitted to and passed the PTET examination 2016, the petitioner participated in the counseling for allotment of college to pursue the two year B.Ed. course. On perusing all relevant documents submitted by the petitioner inter alia as to his eligibility the University of Kota as the Co-ordinator of the B.Ed. admissions in 2016 allotted Lal Bahadur Shastri Mahila TT College (2 of 3) [CW-4578/2017] to the petitioner. He was thus admitted into the B.Ed. course on deposit of the requisite fee on 24.12.2016. After having studied as a regular student for about three months, the petitioner was informed under letter dated 25.03.2017 issued by the college that his admission to the two year B.Ed. course in the Academic Year 2016-17 stood canceled because she was found ineligible for such admission by the University of Rajasthan for the reason that she had after having passed the secondary school examination instead of pursuing a further two years period of study and passing the senior secondary school examination followed by graduation had only done a one year BAP course from the Vardhman Mahaveer Open University, Kota in lieu of two year study at the senior secondary school level and thereafter graduated from the said University. She was thus one year short on the requisite 12 year school education. Aggrieved the petitioner approached this Court impugning the letter dated 25.03.2017 canceling her admission to the B.Ed. course on the ground of arbitrariness as also estoppel against the respondent-university and Lal Bahadur Shastri Mahila T.T. College as her admission was after due disclosure of her qualification and not based on any misrepresentation or fraud.
On notice of the petition the respondent-university by a counter-affidavit filed on its behalf has admitted that in the guidelines of the PTET Examination 2016 an exception was carved out for BAP students from Vardhman Mahaveer Open University, Kota. They despite only 11 years of school education followed by graduation have been held eligible for the PTET examination. Such candidates are eligible to be admitted to B.Ed. Course.
(3 of 3) [CW-4578/2017] In view of the admission of the respondent-University in the affidavit filed on its behalf, the petitioner having passed the secondary school examination, then the one year BAP course from the Vardhman Mahaveer Open University, Kota and thereafter graduated from the said University was/is eligible for the admission into the two year B.Ed. course.
Consequently, this petition is allowed quashing and setting aside the impugned order dated 25.03.2017 canceling petitioner's admission to B.Ed. in the Lal Bahadur Shastri Mahila T.T. College. Resultantly, the respondent-University is directed to allow the petitioner to continue and complete the two year B.Ed. course. Consequence to follow.
Further, in view of the fact transpiring in the course of arguments that the last date for submission for online examination form for writing the B.Ed. Part-I examination having in the meantime lapsed, the petitioner is hereby allowed to file an offline examination form for the said exam. The respondent-university is directed to accept the said form and allow the petitioner to write the B.Ed. Part-I examination, if she is otherwise eligible therefor such as on the requisite attendance.
The petition stands accordingly allowed.
(ALOK SHARMA), J.
Karan