The eligibility criteria for non-collegiate (private) candidates intending to appear at the B.Ed. Examination of 1995 were unambiguous and permitted all categories of candidates, including those who had been given special chances in the year 1990 or subsequently in 1991 and 1992.

JUDGMENT :

S. Chatterji, J. - The present writ application is at the instance of one Smt. Minati Kumari Mohapatra. She prays inter alia :

"(i) issue a writ of mandamus directing the opposite parties to accept the application form of the petitioner with the documents and fees attached therewith;

(ii) issue a writ of mandamus directing the opposite parties to allow the petitioner to appear in the final examination for B.Ed., 1995; and

(iii) pass such other order or orders as may be deemed fit and proper."

2. The petitioner is aggrieved by the action of the opposite parties, i. e., Utkal University represented by the Vice-Chancellor and the Controller of Examinations, Utkal University, Vani Vihar illegally returning application form submitted by the petitioner for appearing in B.Ed. Final Examination, 1995 as non-collegiate (private) candidate through Utkal University and thereby depriving her from appearing at the said examination.

3. It is stated in details that the petitioner filled up the forms to appear in the B. Ed Final Examination as a non-collegiate candidate in 19-0 as well as 1991. But she could not appear. Once again petitioner applied to appear at the examination in 1992. This time she also could not appear and she was declared 'failed'.

4. She submitted an application to appear for the year 1995, but as the S3me was not entertained, she has moved this Court seeking reliefs as indicated above.

5. The writ petition is contested by the opp. parties 1 and 2 by filing a comprehensive counter - affidavit. The University authorities have referred to the instructions meant for all private candidates intending to appear at the B. Ed. Examination, 1995. The instructions provide eligibility criteria. It is reproduced below :

"1.. Eligibility for fresh, candidates-

Any registered student of this University or any student who seeks to be registered as student of this University fulfilling all conditions in those instruction; and

(i) has passed the Bachelor Degree -Examination of this University or any other examination recognised as equivalent thereto with Education as one of the subjects; or

(ii) has passed the Basic Training School Examination or Teachers Certificate Examination from a Basic/Secondary Training School in Orissa or any other examination may be permitted to appear at the examination as non-collegiate candidate subject to fulfilment of all other conditions..."

6. It is pointed out that admittedly petitioner is not having C. T. or equivalent qualification. That apart the petitioner did not possess 'Education' as one of the subjects in Graduation level examination. Therefore, the petitioner is not at all eligible to appear at the private B. Ed. Examination, 1995. It is also mentioned therein that the petitioner was a student of a non-recognized and non-affiliated private B. Ed. college and has completed the course. In the year 1990 in view of the Government decision and the decision of the University authorities all the students of private B.Ed. colleges having no concurrence and affiliation, were allowed to appear at the Special B. Ed. Examination, 1990 as an one time dispension. Thereafter no private B. Ed. colleges are existing now. University authorities, however, had given two more chances to the failed and absentee, candidates of 1990, viz., for the next two years 1991 and 1992 examinations. In spite of the three aforesaid chances, the. petitioner could not pass B. Ed. examination and as such under the present instructions the petitioner is not entitled and the refusal is well justified.

7. There is another affidavit filed on behalf of, the University. It is also disclosed that in the present case petitioner was allowed to appear at the Special B. Ed. Examination, 1990. She chose to remain absent. Subsequently she was allowed to appear at the 1991 and 1992 examinations. But she filled up the form only and did not appear in the examination.

8. At the time of final hearing of the matter, our attention is drawn to the instructi