Back
2002 Supreme(SC) 742
2002(5) Supreme 202
SUPREME COURT OF INDIA
(From Punjab & Haryana High Court)
Y.K. Sabharwal & H.K. Sema, JJ.
Kusum Lata -Appellant
versus
State of Haryana & Ors. -Respondents
Civil Appeal No. 4468 of 2002
(Arising out of SLP (Civil) No. 20912 of 2001)
With
C.A.Nos. 4469, 4470 of 2002
(Arising out of SLP (C) Nos. 3138 and 3139 of 2002)
Decided on 31-7-2002
Counsel for the Parties :
For the Appearing Parties : J. Dhankar, Sr. Advocate, B.S. Mor, S.M. Hooda, S.R. Kalkal, Mahinder Singh Dahiya, Naresh Kaushik, S.C. Gupta, Ms. Shilpa Chohan, Ms. Lalitha Kaushik, Dr. Sushil Balwada, J.P. Dhanda, Ms. Raj Rani Dhanda, K.P. Singh, N.K. Roy, Rajesh Singh, Devashish Bharuka, Advocates.
IMPORTANT POINT
Eligibility condition of 50% aggregate marks applies to marks in main subjects and not to main as well as additional subject.
Headnote:Education Matter-Qualification for admission to D.Ed. (Diploma in Education)-Eligibility criteria 10 + 2 passed with 50% aggregate marks-CBSE 10 + 2 passed with 50% aggregate marks in five compulsory subjects-But adding optional subject she got less than 50%-Admission denied to her though she qualified entrance test-Whether appellant satisfies the prescribed eligibility condition? (Yes)-
JUDGMENT
Y.K. Sabharwal, J.-Leave granted.
2. The question to be determined in these matters is regarding the eligibility of the appellant for seeking admission to the Diploma Course in Education in order of her merit. Does she satisfy the prescribed conditions or not? The answer would depend upon the interpretation of the clause prescribing eligibility condition.
3. The appellant passed the Senior School Certificate Examination from the Central Board of Secondary Education (CBSE). The educational qualification for admission to the Diploma in Education (D.Ed.) in the State of Haryana is as follows :
"A candidate should have passed 10 + 2 Examination from Board of School Education Haryana or its equivalent examination from any other Board, recognized by Board of School Education, Haryana with at least 50% aggregate marks."
4. The appellant applied for the D.Ed. course. The details of marks obtained in 10 + 2 Examination were furnished by the appellant in the application form and the respondents issued her admission card to appear in the written entrance test. She qualified the said test. Against the total number of 3200 seats, her rank was 1460th. After the declaration of the result of the written entrance test the appellant appeared for interview. The appellant was told that she was not eligible to appear in the written entrance test having not secured 50% aggregate marks in 10 + 2 examination of CBSE. According to the appellant she had secured 50% aggregate marks which was required to be seen from five subjects as the sixth subject was optional as an additional subject, not necessary to be taken or passed for the purpose of qualifying 10 + 2 Examination. The appellant also showed to the respondents a letter dated 20th March, 2001 issued by CBSE stating that to qualify the 10 + 2 Examination a student is required to have requisite marks in five subjects and the sixth was an optional subject.
5. The denial of admission to the appellant resulted in her filing a writ petition before the High Court. The High Court has held that there is no error in the actions of the respondents in declining admission to the appellant as she did not satisfy the minimum prescribed percentage under the eligibility condition. The writ petition has been dismissed by the High Court. The judgment of the High Court is under challenge in this appeal.
6. It is a common ground that if marks in all the six subjects for which the appellant had appeared are taken into consideration she will not be eligible as per aggregate in that event would be less than 50%. On the other hand, if marks of five subjects are considered, her aggregate marks would be more than 50% and she will satisfy the prescribed condition of securing at least 50% aggregate marks in 10 + 2 Examination and she would be eligible.
7. There can be no doubt that the terms and conditions for admission to such courses are binding and have to be strictly adhered to. The question, however, is what is the intent, purpose and true spirit of the clause providing for securing at least 50% aggregate marks in 10+2 Examination so as to be eligible for admission to D.Ed. course. The requirement is of securing at least 50% aggregate marks in 10+2 Examination either from Board of School Education, Haryana or its equivalent examination from any other Board, recognised by Board of School Education, Haryana. It is not in dispute that the 10 + 2 examination conducted by CBSE is an equivalent examination recognised by the Board of School Education, Haryana. It is clear and cannot be disputed that as per the regulations of CBSE to qualify 10 + 2 examination, a candidate is required to obtain prescribed marks in five subjects and not six. The sixth subject is treated as additional and optional. It is up to a candidate to take or not the sixth subject. The relevant clauses in this regard read as under :
"3(a) To pass the examination, a candidate must obtain at least Grade D-2 in all subjects of internal assessmen
