A person cannot take advantage of his own mistake, especially when it leads to the deprivation of rights of other eligible candidates.

1. 1. Some facts cannot be said to be disputed any longer and they are this. The petitioner submitted his application for Pre-Teacher Education Test (PTET), 1988, and in the proforma for use of computer centre in that test, in column no. 3 meant for name of the candidate, the petitioner gave out Mrs. Kamlesh Kumar Jain. For female candidates, it was either Miss or Mrs. So far as the petitioner is concerned he erased the word Miss. There were 20% seats reserved for women category candidates and it appears that because there were thousands of applications, information was fed in the computer and as a result of the computer it was the petitioner himself who had filled the proforma under his signatures that the name of the petitioner appeared as a successful candidate in that category of candidates. We may state that though it is stated in the reply, that it is a computer mistake but it appears to be the mistake of the petitioner himself because in the proforma, he described himself as Mrs Be that as it may, as the name of the petitioner appeared in the merit list in that category and information was sent to the petitioner to report to Gandhi Teachers Training College, Bhilwara, when the petitioner reached there it is alleged that it was given out by the Principal that the petitioner is a male, whereas the candidate who has been admitted is a female candidate. According to the petitioner, representative of the University, who was present in the College, any how cleared the admission of the petitioner. The petitioner submitted his fee in the month of October, 1988, joined the classes regularly from 25th Oct. to 21st Nov., 1988, when he received letter Annexure 7 informing him that the petitioner has been wrongly registered in female category instead of male category and his admission was cancelled. The petitioner challenged the aforesaid letter.

2. Notice was given to the non-petitioner, reply has been filed, wherein it has been stated that it was result of mistake of computer. The admission was provisional and in the district Bhilwara, the marks received by the petitioner were below the cut-out point and, therefore, he could not be admitted. The cut-out point in District Bhilwara was 436 for male category candidates, whereas the petitioner secured 349 marks, much below the cut-out point. Therefore, so far as the male-category candidates are concerned, none below a cut-out point viz. 436 was admitted in Bhilwara district.

3. The contentions of learned counsel for the petitioner are :

That once the petitioner had been admitted, may be that he was not eligible as a female category candidate, may be that he had secured marks much less the cut-out point for male category candidates and had thereafter also regularly attended the classes for about a month after depositing the fee, now his admission cannot be cancelled. It is also contended by learned counsel that as a result of the admission, the petitioner could not appear in the other competitive examinations because under the disciplinary rule;, while studying in that course he could not undertake any examination. He therefore was deprived of appearing in the competitive-examinations and, therefore, now if his admission is cancelled and he is not allowed to continue his studies, it will be very harsh to him.

4. We may state that the learned counsel for the petitioner has cited before its a number of authorities in support of his submission that once he has been admitted, may be was not eligible for admission, his admission cannot be cancelled. Reliance has been placed on (1) AIR 1976 S. C 376, (2) 1984 WLN (UC) 534. (3) 1985 RLR 580 and (4) 1988 (1) RLR 601. It may be stated that it is well- settled that the cases are decided on their own facts, and the ratio of the cases should only be read in the light of the facts of that case. In the instant case it may he stated that it was the fault of the petitioner himself that he gave wrong information in the proforma for use of computer