Mr.K.B.Pujara, learned advocate appearing for petitioner, submitted that the result of petitioner is not declared and if it is not declared for some more time, the petitioner will be deprived of admission to M.Ed. Course.
The case of the petitioner is that she has secured 449 marks out of total 900 marks in Bachelor of Arts (B.A.) examination. She was issued a marksheet showing her percentage to be 50% by the very respondent-University; and on the basis of that performance in that examination, she was given admission to B.Ed. course.
Shri H.A. Dave, learned advocate appearing for respondent-University, submitted that the respondent-University having come across such case for the first time that the marks obtained being 449 out of total 900 marks when works out to be 49.88%, can it be said to be 50%; and whether a student can be validly admitted to the B.Ed. course, it has referred the matter to the National Council for Teacher Education (NCTE). Mr.Dave was not having the letter addressed by respondent no.2 to NCTE, a copy thereof is made available by the learned advocate for petitioner Mr.K.B. Pujara. The main contents of the said letter read as under:
ýS With reference to above subject the eligibility criteria for B.Ed. admission is as below for the year 2007-08.
Candidates with at least 50% Marks in the Bachelor's/ Master's Degree with at least two school subjects at the graduation level are eligible for admission.
There shall relaxation of 5% may be provided from 50% to 45% of the marks, for the SC/ST/OBC category.
We want Guidance that, if the candidate secured 49.50% Marks in the Bachelor's/ Master's Degree with at least two school subjects at the graduation level, can we round of as 50% ? Can we give admission in B.Ed. ? Same should be for SC/ST/OBC students.
Please reply early as soon as possible.ýý It is really surprising and shocking too that a person like Dean of Education Faculty has referred the matter to the NCTE for seeking guidance as to whether 49.50% should be treated as 50% or not, though in the case of the petitioner, she has obtained 49.88%. Even as thumb rule, percentage above 0.5% is treated as 1.0%.
Respondent no.2 is to cause his personal appearance and place on record the reasons which led him to seek aforesaid guidance from the NCTE.
In the meantime, taking into consideration the fact that the petitioner has completed her B.Ed. course, the respondent-University is directed to declare the result of the petitioner and further directed to consider her case for admission to M.Ed. Course. At the request of the learned advocate for the respondent-University, it is clarified that it will be subject to result of this petition.
A copy of this order be made available to Mr.H.A.Dave for its onward communication for compliance. In addition, Direct Service is permitted.
The matter is adjourned to 14th July 2008.
(Ravi R. Tripathi, J) Aakar