Eligibility stipulations for B.Ed. course admissions based on date of qualification were found arbitrary and discriminatory, requiring clearer future guidelines.

1 Common issues arise in these writ petitions and therefore they are being disposed of by this common judgment.

2 A very important question of general public importance arises in these cases, which, in fact, would indirectly affect the very basis of the educational system in this State as a whole as a necessary consequence. The matter relates to the date on which the eligibility criteria for the purpose of admission to the B.Ed. course in the State for the year 2006-2007 is to be reckoned. The Commissioner of Entrance Examinations issued prospectus for admission to B.Ed. courses, 2006 in the State of Kerala as approved by the Government of Kerala vide GO. (Rt.) No. 107/2006/H.Edn. dated 17/01/2006. The prospectus is stated to be applicable for admission to B.Ed. Degree Courses in Government / Aided / Private Self financing Colleges in Kerala. As per the prospectus, the course in the various colleges, especially in private self financing colleges consisted of three types of seats, namely, (a) merit seats, (b) management seats and (c) lapsed seats. Clause.5.2.1 prescribes the eligibility criteria for admission to the B.Ed. Course. As per the same, the minimum requirement for admission to B.Ed. Course was 45% marks in Bachelor's Degree (Science / Arts subjects) in aggregate (i.e. for Part I+II+III). The clause also specifically stipulated that the applicant should be qualified in all respects as on the last date of submission of the application form. In respect of the merit seats which are to be filled by the State in Government Colleges / Aided Colleges / Private Self financing Colleges, the admission was on the basis of a rank list prepared, based on marks obtained by the candidate in the entrance examination conducted by the Commissioner of Entrance Examinations and the qualifying examination added together in the ratio 6:4. However, in respect of the management seats, especially in private self financing colleges, the admission was to be made by the managements themselves. -- The Commissioner of Entrance Examinations issued a notification dated 14/02/2006 inviting applications for entrance examination for admission to B.Ed. Degree Course in Government / Aided / Private Self financing Colleges in the State for 2006-07. As per Clause.5 of the said notification, the filled in application form along with the OMR DATA SHEET and other relevant documents to be submitted with the application form was to be sent in the printed envelop bearing the address of the Commissioner for Entrance Examinations supplied along with the application form so as to reach the Commissioner for Entrance Examinations before 5 p.m. on 08/03/2006 meaning thereby that the last date for submitting applications for entrance examination as per Clause.5.2.1 was 08/03/2006. But, nowhere in the prospectus or in the notification was there any indication as to what was the last date for submitting applications for admission to the management seats which were to be filled up by the managements themselves in accordance with the admission procedure to be devised by the managements themselves. The Government also did not issue any specific instructions to the managements in this regard. Since the minimum qualification prescribed for admission to the B.Ed. Degree Course was a pass in the Bachelor's Degree Examination with 45% marks, going by Clause.5.2.1, only those persons who passed the qualifying examination on the last date of receipt of applications were eligible for admission to the B.Ed. Course. Since the last date prescribed for submitting application to the Entrance Examination was fixed as 08/03/2006, the aspirant candidates ought to have obtained the prescribed minimum qualification on or before that date. However, as on that date, the degree examinations in any of the Universities in the State of Kerala for the year 2005-06 were not over, the direct consequence of the same was that no student who passed the degree course during the academic year 2005-2006 woul