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1997 Supreme(Raj) 685

Rajasthan High Court
Honble P.P. NAOLEKAR, J.
Anop Singh Ratnu & Others - Appellant
Versus
Maharishi Dayanand Saraswati University, Ajmer - Respondents
S.B. Civil Writ Petition No. 2138 of 1997 and 19 other writs
Decided On : September 09, 1997

Advocates Appeared:
Govind Mathur, Mahendra Trivedi, R.S. Charan, Vijay Mehta, Rameshwar Hedau, Sanjay Mathur, L.R. Chaudhary, Kuldeep Mathur, S.N. Trivedi, Vijay Bishnoi, B.N. Kalla, Arjun Purohit, Hamir Singh and K.R. Chaudhary, for Petitioners Bharat Vyas, M.S. Vyas, V.S.

Headnote:National Council for Teacher Education Act, 1993 – Sec. 12(e) and Constitution of India – Article 14 and 226 – Applications were invited for appearing in the test for admission in B.Ed. course – Criteria was laid down to be 40% minimum marks in B.A. but through corrigendum it was raised to 45% – Petitioners challenged it to be arbitrary, unjust and encroach upon the right to appear – The State cannot resile from its promise – Can State act contray to its Promise made earlier – Held – There is no promissory estoppel – The invitation did not creat any right to appear and its criteria can be changed for the good.

       For the applicability of promissory estoppel against the Govt., it must be established (i) that there was a definite representation by the Govt.; (ii) that the persons to whom the representation or promise was made in fact altered their position by acting upon such representation or promise; and (iii) that they suffered some prejudice sufficient to constitute an estoppel. The advertisement issued fixing the admission for entrance test of 1997 and showing therein that 40% marks will be the minimum qualification could not be said to be a promise made to any person either to permit him to appear in the examination on the same criteria or for admission to the course. It is only an invitation to apply to appear in the examination on the criteria laid down. It does not mean that the criteria cannot be changed. (Para 11)

Honble NAOLEKAR, J.–Since this petition and Schedule A petitions involve common questions of law and facts, therefore, they are being disposed of by this common order.

(2). In these batch of petitions, the petitioners have challenged the action of the respondent Maharishi Dayanand Saraswati University, Ajmer (hereinafter refe-rred to as `the University) authorised representative of the State Govt., issuing a corrigendum dated 23.5.97 to the advertisement of the notification inviting applications for entrance examination to Pre-Education Test, 1997.

(3). The University has been authorised and interested by Education (Gr.I) Department, Govt. of Rajasthan vide its letter No.12(2) Shiksha -1/95 Part dated5.3.97 to conduct the test for B.Ed. and shiksha Shastri for 1997-98 which are being conducted by the University from many a years. For admission to B.Ed./Shiksha Shastri Courses in various Teachers Training Institutions in the State of Rajasthan, a competitive test for selection of candidates viz., Pre-Teachers Education Test (P.T.E.T.) was arranged by the University for the session 1997-98 and a notificationto that effect was issued on 15.4.97. The minimum eligibility criteria for entrance examination under the notification was that the candidate must have minimum of 40% marks at the Bachelors or the Masters degree examination of the Maharishi Dayanand Saraswati University, Ajmer or of any other University recognised as equivalent to the University. The last date for submission of the form was fixed as1.5.97. Before the examination was conducted, which was held on 15.6.97 a corrigendum was issued by the University on 23.5.97. The corrigendum contains that for P.T.E.T. of 1997, for admission to the courses of B.Ed. and Shiksha Shastri, the minimum marks, to be qualified to appear in the examination, was fixed at 45% marks at the Bachelors or Masters Degree examination of Maharishi Dayanand Saraswati University, Ajmer or of any other University recognised as equivalent to the University. This is so done to bring it with parity of the regulations, instructions issued under the National Council for Teachers Education Act, 1993 (hereinafterreferred to as `the Act) as per the directions of the State Govt. By the corrigendum, the application forms of the candidates securing less than 45% marks had been cancelled and they were advised not to appear in the examination even if the admission forms are issued to them. It is this corrigendum, which is under challenge in these petitions.

(4). It is submitted by the counsel appearing for the petitioners that the corrigendum issued is arbitrary, unjust and encroach upon the petitioners right to appear in the entrance examination of P.T.E.T., 1997 under the advertisement of the University. The corrigendum is issued in flagrant violation of Art.14 of the Constitution and is liable to be struck down.

(5). The National Council for Teachers Education Act, 1993 received the assent of the President on 29.12.93. The Act was brought into force to provide for the establishment of a National Council for Teachers Education with a view to achieving planned and co-ordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and stan-dards in the teacher education system and for matters connected therewith. Section 3 of the Act provides for establishment of the Council by the Central Govt. by notification in the Official Gazette. The National Council for Teacher Education shall consist of a Chairperson to be appointed by the Central Govt.; a Vice-Chairperson to be appointed by the Central Govt.; a Member-Secretary to be appointedby the Central Govt.; the Secretary to the Govt. of India in the Department dealing with Education ex officio; the Chairman, University Grants Commission established under Section 4 of the University Grants Commission Act, 1956 or a member thereof nominated by him, ex- officio; the Director, National Council of Education Res























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