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IN THE HIGH COURT OF ALLAHABAD
Yatindra Singh, J.
KM.SUMAN UPADHYAYA - Appellant
Versus
VICE-CHANCELLOR, BIR BAHADUR SINGH PURVANCHAL UNIVERSITY, JAUNPUR - Respondents
C. M. W. P 271 Of 2000
Decided On : 01/25/2000
B. Ed. - Admission in M. Ed. - 1983 Rules, Section 28(5) of the U. P. State Universities Act, 1973 - Rules 15 and 16 - The court discussed the necessity of a B. Ed. degree for admission in M. Ed. classes and the equivalence of recognized diploma in B. T. or L. T. with a B. Ed. degree. The court applied a purposive interpretation to the rules and statutes to determine the minimum qualifications for admission in M. Ed. classes.
Fact of the Case:
The petitioners, graduates with a diploma in L. T., were rejected for admission in M. Ed. classes at Purvanchal University due to not possessing a B. Ed. degree. They challenged their rejection on the grounds of merit and possessing a recognized diploma in L. T.
Finding of the Court:
The court found that the petitioners were eligible for admission in M. Ed. classes based on their recognized diploma in L. T. and that the requirement of a B. Ed. degree was not necessary as per the rules and statutes.
Issues: The main issue was whether a B. Ed. degree was necessary for admission in M. Ed. classes and the eligibility of candidates with recognized diplomas in B. T. or L. T.
Ratio Decidendi: The court applied a purposive interpretation to the rules and statutes to determine the legislative purpose and intention behind the admission requirements, concluding that recognized diplomas in B. T. or L. T. were equivalent to a B. Ed. degree for admission in M. Ed. classes.
Final Decision: The court allowed the petitions, directing the University to reconsider all candidates with recognized diplomas in B. T. or L. T. for admission in M. Ed. classes and offer admissions to five of them according to merit.
( 1 ) THE only question involved in these writ petitions is whether the degree of Bachelor of education (B. Ed.) is necessary for admission in M. Ed, classes in Bir Bahadur Singh Purvanchal university, Jaunpur (the Purvanchal University) or recognised diploma of Bachelor in Teaching (8. T.) or Licentiate in Teaching (L. T.) is sufficient. FACTS
( 2 ) THE petitioners in the aforementioned four writ petitions are graduates but education was not their subject. They have diploma of L. T. but not degree of B. Ed. They applied for admission in the Purvanchal University but were not successful ; they were not considered on the ground that they did not possess a B. Ed, degree They have filed these writ petitions challenging their rejection on the ground that :
* they were more meritorious than the selected candidates were. * they were illegally not considered on the ground that they do not have B. Ed, degree. * they have minimum qualifications, as they possess recognised diploma of L. T. SUBMISSIONS OF THE PARTIES
( 3 ) I have heard Sri D. P. Singh and Sri Amaresh Singh, counsels for the petitioners and Sri A. K. Singh, counsel for the University. Dr. R. G. Padia, senior Advocate and Sri Ashok Khare appeared as friends of the Court. Counsels for the petitioners have submitted that degree of B. Ed. is not necessary for admission in M. Ed. , a recognised diploma in L. T. is sufficient. They have raised following two submissions :
(i) B. Ed. not a minimum qualification for appointment as a lecturer in B. A. (Education) in the faculty of Arts in the Purvanchal University. Petitioners have all other qualifications for such appointment except M. Ed, degree, as such they have minimum qualifications for admission in m. Ed. (ii) Diploma in L. T. and degree in B. Ed, are equivalent : the relevant rules also so indicate. A purposive construction, In contradistinction to literal construction, may be adopted so as to include recognised diploma in B. T. or L. T. in place of B. Ed, degree. 1st SUBMISSION : PETITIONER lecturer IN B. A. (EDUCATION)Relevant Rules and Statutes
( 4 ) ADMISSION to the M. Ed. classes is governed by Rules 15 and 16 of the 1983 Rules framed by the State Government under Section 28 (5) of the U. P. State Universities Act, 1973 (the Act ). Rule 15 (1) of the 1983 Rules states that only a person having B. Ed, degree, or recognised diploma of B. T. or L. T. can get admission in M. Ed, classes. Rule 15 (2| of the 1983 Rules states that a candidate should also have all other qualifications except for M. Ed, for appointment as a lecturer in B. A. (Education) or B. Ed, department in a degree college of the State under the statutes of the University. Minimum qualifications for a lecturer in a degree college are mentioned in Statute 11. 13 read with 11. 01 (5) (a) and (b) of the IIrst Statutes of the Purvanchal university. Lets first consider if the petitioners have minimum qualification except M. Ed. degree for appointment as a lecturer in B. A. (Education) Department. B. A. (EDUCATION) IS IN THE FACULTY OF ARTS
( 5 ) THE Statute 7. 01 of the Purvanchal University mentions about faculties. It includes, apart from other faculties, Faculty of Arts and Faculty of Education. Statute 7. 05 mentions departments in the Faculty of Arts. Education is one of them and is mentioned at serial No. 7 of the Statute 7. 05 statute 7. 15a talks about Faculty of Education and Statute 7. 15b states that in this faculty there is only one department, namely, that of Education. Department of Education is mentioned at two places : One under Faculty of Arts, the other under Faculty of Education. The counsel for the purvanchal University has submitted that :
* the Faculty of Education was created subsequently and the Department of Education was transferred to the newly created Faculty of Education ; * it is by mistakes that it is mentioned in the Faculty of Arts. This was submitted, as different provisions apply for appointments of lecturer in th
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