1988 Supreme(Raj) 668

RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.C.Agrawal, P.C.Jain, JJ.
Atal Kumar Jain & Ors. - Appellants
Versus
University of Rajasthan and Ors. - Respondents
D.B. Civil Writ Petition Nos. 1951, 1970, 2252 of 1988.
Decided On : 29-07-1988

The denial of admission to the students who passed the Higher Secondary Examination on 10+2 pattern in 1988 to Second Year TDC under the old scheme violated Article 14 of the Constitution, which guarantees equality before the law.

Headnote:

EDUCATION - New Education Scheme - 10+2+3 Pattern - Implementation - Discrimination - Denial of Equality - Violation of Article 14 - Students who passed Higher Secondary Examination on 10+2 pattern in 1988 cannot be denied admission to Second Year TDC under the old scheme - They are entitled to seek admission in the second year TDC Class under the 10+1+3 pattern (old scheme) for the session 1988-89.

Fact of the Case:

The petitioners, students who passed the Higher Secondary Examination of the Central Board of Secondary Education (CBSE) on 10+2 pattern in 1988, challenged the introduction of a new education scheme in Rajasthan, which mandated education up to Higher Secondary level on 10+2 pattern followed by a Three-year Degree Course (TDC) of various universities in the state, including the University of Rajasthan. The petitioners argued that the new scheme discriminated against them as they would be admitted to First Year TDC, while students who passed the Higher Secondary Examination of the Rajasthan Board on 10+1 pattern in 1987 were admitted to Second Year TDC, resulting in a one-year disadvantage in completing their graduation.

Finding of the Court:

The court held that the petitioners and the students who passed the Higher Secondary Examination on 10+2 pattern in 1988 were similarly situated to the students who passed the Higher Secondary Examination of the Rajasthan Board on 10+1 pattern in 1987 and joined the First Year TDC in 1987. The court found no rational basis for classifying these students into two separate categories for admission to TDC while implementing the new education policy. The court also held that the denial of admission to the students who passed the Higher Secondary Examination on 10+2 pattern in 1988 to Second Year TDC under the old scheme violated Article 14 of the Constitution, which guarantees equality before the law.

Issues: 1. Whether the students who passed the Higher Secondary Examination on 10+2 pattern in 1988 and the students who passed the Higher Secondary Examination of the Rajasthan Board on 10+1 pattern in 1987 and joined the First Year TDC of the University in 1987 can be said to be persons similarly situate? 2. Whether there is any rational basis for classifying these students who were similarly situate into two separate categories for the purpose of admission in the TDC while implementing the New Education Policy and whether the said basis for classification has a reasonable nexus with the object sought to be achieved by the new education policy?

Ratio Decidendi: 1. The court held that the students who passed the Higher Secondary Examination on 10+2 pattern in 1988 and the students who passed the Higher Secondary Examination of the Rajasthan Board on 10+1 pattern in 1987 and joined the First Year TDC of the University in 1987 were persons similarly situate because they were sailing in the same stream up to the 10th Class and formed one unit in Second Year TDC. The court opined that merely because for two years, after passing 10th Class, some of them opted for Higher Secondary Course on 10+1 pattern of the Rajasthan Board and some opted for Higher Secondary Course of the Central Board on 10+2 pattern, it did not mean that they were not similarly situate. 2. The court held that there was no rational basis for classifying the students into two categories merely on the ground that after passing the 10th Class in 1986 some those the Higher Secondary Course of Rajasthan Board on 10+1 pattern and some those the Higher Secondary Course of the Central Board on 10+2 pattern. The court also held that there was no nexus between the basis of classification and the object sought to be achieved by the new education policy, which was to improve the standard of education at the Higher Secondary level in the schools and at the under-graduate level in the universities.

Final Decision: The court allowed the writ petitions and declared that the students represented by the petitioners and other students who have passed Higher Secondary Examination in 10+2 pattern in 1989 are entitled to seek admission in the second year TDC Class under the 10+1+3 pattern (old scheme) for the session 1988-89. The University was directed to grant admission to those students who want to join the second year TDC Class under 10+1+3 pattern on the basis of this order if they submit their applications for this purpose within a period of three weeks from the date of the order.