Prayer in both W.Ps.: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondent herein to issue the Hall Ticket to the petitioners and permit them to write the B.Ed. Course practical and theory examination to be held on 27.12.2007 and 02.01.2008.
The three writ petitions have been filed by the first year B.Ed. students of the third respondent College. They seek direction from the Court to appear and write their first year examination. According to the petitioners the reason for not allowing them to write the examination is that they did not have the requisite attendance.
2. At the time of admission this Court passed the following order on 26.12.2007:-
"In view of the statement made in paras 3 and 4 of the affidavit filed in support of the petitions and in view of the fact that the examination starts from 27.12.2007, there will be interim order directing the third respondent to issue hall tickets to the petitioners and permit them to write the B.Ed., Examination. It is made clear that if ultimately the petitioners are not able to establish that they have fulfilled the minimum requirement of term days, the petitioners cannot have the relief granted in this interim order and cannot claim any right because they have written examination under the cover of the interim order. Notice."
2. On notice counter affidavit has been filed by the first and second respondents. In that a specific stand has been taken that the admission of both the students is in violation of the B.Ed. regulation which prescribed minimum percentage of marks. The relevant Paragraph 6 is extracted here under:
"6.The relevant part of the B.Ed. Regulation on eligibility qualification for admission to the course, reads as follows:
1.(b) Candidates with at least 45% marks in the Bachelor's/Master's degree with at least two school subjects at the graduation level are eligible for admission. In case of candidates belonging to SC/ST community, a mere pass is eligible."
4. It is further stated in the counter affidavit that in view of the lesser marks obtained by the candidates their admission was cancelled and intimated to the third respondent College on 18.06.2007. Paras 10 and 11 of the counter affidavit are extracted here under:
"10.The 3rd respondent college should not have admitted the petitioner who did not possess the prescribed eligibility for admission for the B.Ed. Course. Being an affiliated college of the respondent university, the college is obligated to adhere and act in accordance with the regulation of the university. Though the entry qualification required was 45%, the 3rd respondent admitted the petitioner with less than 45%, in violation of the B.Ed. Regulation. The illegal admission made by the college in infringement of the regulation is not acceptable. Recognition cannot be granted by the university against the regulation.
11.The 3rd respondent college was accordingly informed vide letter dated 18.06.2007 that the admission of the petitioner to the B.Ed. course for the academic year 2006-2007 is cancelled on ground of ineligibility for joining the course, having secured less than the required 45% marks."
From this, it is clear that the university at the first instance intimated to the college about the cancellation of the admission and therefore lack of term days and attendance to write the examination does not arise.
5. The fact that the petitioners obtained less than the prescribed marks is not disputed. In such view of the matter, this Court is unable to grant any relief in these writ petitions, as the admission itself was cancelled by the letter dated 18.06.2007. The petitioners will have to work out their remedy in accordance with law. No relief can be granted to the present writ petitioners.
6. In the result, all the writ petitions are dismissed. Consequently, connected miscellaneous petitions are also dismissed. No costs.
vsm