A candidate's eligibility for B.Ed admission is contingent upon achieving the requisite percentage in the specific subject area, reflecting compliance with educational regulations.

JUDGMENT :

(Biren Vaishnav, J.)

1. This appeal arises out of an oral order dated 20.10.2022 passed by the learned Single Judge in the captioned writ petition by which the appellant’s petition has been dismissed. The appellant had prayed for a writ of mandamus, order or direction to the respondents to give him admission in the Bachelor of Education Programme.

2. Briefly stated, the facts are that the appellant was a student of the Sardar Patel University who had passed his Bachelor of Science (Biotechnology) with 45.87% and Master of Science in Medical Technology (Clinical Laboratory Technology) with First Class i.e. 59.71%. It is the case of the petitioner that he applied for admission to the B.Ed course under the Sardar Patel University and his candidature was rejected on the ground that he did not have requisite 50% of marks in the subject of Biosciences.

3. The learned Single Judge on the basis of arguments made by the party-in-person and on perusal of the affidavit-in-reply filed by the University dismissed the petition holding as under:

“5. Heard the petitioner in person and learned counsel Mr. Sudhanshu Jha for the petitioner as also perused the documents on record.

6. The relevant norm & standard No.3.2(a) in B.Ed. programme issued by NCTE is reproduced as under :-

“3.2 Eligibility (a) Candidates with at least fifty percent marks either in Bachelor’s Degree and/or in the Master’s Degree in Science/Social Science/Humanity, Bachelor’s in Engineering or Technology with specialization in Science and Mathematics with 55% marks or any other qualification equivalent thereto, are eligible for admission to the programme.”

7. A perusal of the above norm and standard shows that the eligibility for admission to B.Ed. course is at least 50% marks either in Bachelor degree or in the Master Degree in Science/Social Science/Humanity. In the present case, the petitioner has applied for admission in the course of B.Ed. (Biosciences).

Therefore, as per the University’s rules and regulations and the NCTE’s norms and standards, the percentage obtained in the subject for which the petitioner has applied for in the B.Ed. programme will have to be taken into consideration. The master degree of the petitioner is in specialized course in the Clinical Lab Technology for which subject, there is no B.Ed. programme available with the respondent University. Further, the subject of Clinical Lab Technology is not available at the undergraduate level. Therefore, as per its guidelines, the University has rightly considered the marks scored by the petitioner in B.Sc. (Biotechnology) which is the course available in the field of Biosciences.

8. Accordingly, the prayer, as sought for, cannot be granted. The submission of the petitioner that his marks in the master degree be considered for eligibility in the B.Ed. (Biosciences) course cannot be accepted. The present writ petition is accordingly dismissed. No order as to costs.”

4. Mr. Kaushal Patel, party-in-person has taken us through the admission form and the advertisement and submitted that the National Council for Teacher Education (Recognition, Norms and Procedure) Amendment Regulations, 2021 provide the eligibility criteria in paragraph no. 3 thereof indicating that a candidate is eligible for B.Ed admission when he or she possesses atleast 50% marks either in Bachelor’s degree and/or in Master’s degree in Science or a Bachelor in Engineering & Technology with specialization in Science and Mathematics with 55% marks. Taking us through the degree certificate annexed to the petition, he would submit that the appellant had done his B.Sc in Biotechnology and had obtained his Masters in Science in Clinical Laboratory Technology and therefore effectively having graduated and