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2005 Supreme(All) 849
ALLAHABAD HIGH COURT
Arun Tandon, J.
Smita Nigam, Dr. R.K. Nigam
Versus
Bundelkhand University through its Registrar, Vice Chancellor, Bundelkhand
Civil Misc. Writ Petition 28689 of 2005
Decided On : 06 May 2005
Civil Misc. Writ Petition 28689 Of 2005
P.PADIA, R.P.TIWARI, U.K.Saxena,
The State Government has the power to determine terms and conditions for admission, and its orders are binding upon institutions.
Headnote:
teachers ward - Admission in B. Ed. Course - Section 28 (5) (b) of the Uttar Pradesh State Universities Act, 1973 - Notification dated 5th May, 1987
Fact of the Case:
The petitioner, a married daughter of a college employee, claimed 15 weightage marks for admission in the B. Ed. Course. The university initially awarded the marks but later revoked them, making her ineligible for admission.
Finding of the Court:
The court found that the decision to exclude married daughters from the benefits of weightage marks was contrary to the notification issued by the State Government under Section 28 (5) (b) of the Act.
Issues: The controversy revolved around the entitlement of a married daughter of a college employee to 15 weightage marks for admission in the B. Ed. Course.
Ratio Decidendi: The court held that the State Government has the power to determine the terms and conditions for admission, including weightage marks, and such government orders are binding upon institutions. The decision to exclude married daughters from the benefits was unsustainable and inoperative in the eyes of the law.
Final Decision: The court quashed the university's decision to revoke the weightage marks and directed the respondents to admit the petitioner with the awarded 15 weightage marks as teachers ward.
( 1 ) HEARD Sri U. K. Saxena, Advocate on behalf of the petitioner, Sri R. P. Tiwari, Advocate on behalf of respondent Nos. 1 and 2 and learned Standing Counsel on behalf of respondent No. 4.
( 2 ) THE petitioner, Smita Nagam is married daughter of Dr. R. K. Nigam, which was admittedly employed as Reader in D. V. Post Graduate Degree College Orai, Jalaun, which is a college affiliated to Bundelkhand University Jhansi. The petitioner accordingly claimed 15 weightage marks on the ground of her being teachers ward, for admission in the B. Ed. Entrance examination conducted by the Bundelkhpnd University, Jhansi. In the written entrance examination the petitioner secured 210 marks, she was awarded 25 weightage marks, which included 10 marks because of her being possessed of N. S. S. Certificate and 15 marks because of her being a teachers ward. Thus the total marks obtained by the petitioner for the purposes of admission in B. Ed. Course was determined by the University as 235 Marks. Accordingly the petitioner was invited for counseling and during counseling she was required to deposit a sum of rs. 36,000/- towards her fee and she was allotted Bansi Dhar Degree College Orai, Jalaun for admission in B. Ed. Course for the year 2004-05 under Self Financing Scheme. On the same date the Admission Committee vide letter dated 13th April, 2005 Scored out weightage marks (15 marks) awarded to her as teachers ward on the ground the she has been married and therefore she is not entitled to the benefits applicable to the teachers ward. As a result of the deduction of the 15 weightage marks the petitioner has become ineligible for being admitted in the said course. Hence the present writ petition.
( 3 ) THE short, controversy giving raise to the present writ petition is confined to the issue as to whether a married daughter of a teacher or a non-teaching staff of a recognized college is entitled to the benefits of 15 weightage marks in accordance with notification dated 5th May, 1987 issued by the; State Government for admission in B. Ed. Course or not. For the purposes of appreciating the aforesaid controversy, it would be relevant to reproduce the said notification, the relevant portion whereof reads as follows:
"uttar Pradesh Sarkar shiksha Anubhag II sankhya 451/xv-11-87-3 (58)79 Lucknow Dinank 5 May, 1987 adhisuchana Adesh. . . . . . . . . . . . . . . . . . . . . Pariksha Pathyakram avam Aharta Ank. . . . . . . . . . . . . . (Chha) Manyataprapt Shiksha Sansthaon key shikshakon avam shikshdettar karmchariyon ya unkey putra/putrid, patni/pati ko 15 Ank. . . . . . . . . . "
( 4 ) REFERENCE may also be had to the conditions applicable for admission as were mentioned in brochure (BACHELOR OF EDUCATION/bachelor OF PHYSICAL EDUCATION admission TEST-2005) published by the University in; respect of B. Ed. Entrance examination, which is more or less identical to the notification issued by the State Government referred to above and therefore it is not necessary to reproduce the said clause again.
( 5 ) LEARNED counsel for the University has referred to the resolution passed in the meeting of the b. Ed. Admission Committee of the University dated 15th December, 2004, whereby a decision has been taken for the first time to exclude the married daughter of teachers/employees ward for the pus poses of benefits of 15 weightage marks. Relevant portion of the said resolution is quoted herein below: ". . . Samiti ney dinank 12-12-2004 ko sampan honey wall B. Ed. Pravesh Pariksha meyn saphal abhyarthiyon ko atirikt ank pradan karney key sambandh meyn Shashanadesh 05 May 1987 key samdarbh meyn nimn sapastikaran par samyak vicharoparant sarva sammati sey nirnay liya. 1- Karyarat Shikshakon key praman patra prastoot karney par keval unhi shikshakon ko 15 ank pradan kiye jinkey dwara jo avedan patra sanlagn praman patra sankhya 11 meyn sthayi prakriti ka praman patra prastoot kiya hai. 2 -. . . 3 -. . . 4-Vivahit putri narivar ka sadashya na honey ke
