Karnail Singh vs Guru Nanak Dev University, Amritsar and another

The petitioner had passed Higher Secondary Examination in the year 1978 from the Punjab School Education Board, S.A.S. Nagar (Mohali), with Science subjects. Thereafter, he obtained the Degree of Bechelor of Arts in the year 1983. with Mathematics as one of the elective subjects. In April, 1990 be obtained the Degree of M.Sc. in Mathematics.

Guru Nanak Dev University, Amrit-sar, had held an Entrance test for admission to the B.Ed. Course in its affiliated Colleges or the session 1992-93. B.Ed, course is of three types, i.e. B.Ed. (Science), B.Ed. (Arts) and B.Ed. (N. & E.). The petitioner sal in the test for seeking admission to B.Ed. (Science) Course. Out of the total seats, 50% of the seats were reserved for B.Ed. (Science) and the other 50% for B.Ed. (Arts) and B.Ed. (N. & E.) combined. Cl. 4.2 of the prospectus deals with B.Ed. (Science), which is in the following terms: -

"4.2 50% of the total number of seats in the college of education shall be reserved for candidates who have done graduation with science subjects, i.e. Mathematics, Physics, Chemistry, Botany or Zoology or Bioiogy. In case the required number of candidates with above subjects do not turn up for admission or do not qualify, seats left vacant shall be filled up from amongst candidates who have graduated with other subjects. Candidates with Mathematics and one Arts subject shall also be covered under science category, provided he/she must have passed 10 + 2 with science subjects (Medical or non-medical). B.Sc. (Home Science) will be considered in science group."

There is no dispute on the fact that the petitioner is not a Graduate with Mathematics, Physics, Chemistry, Botony or Zoology or Biology, but he had only Mathematics as one of the elective subjects in his graduation course.

The petitioner stakes his claim under the second part of Cl. 4.2 ibid, on the ground that since he had graduated with Mathematics with other Art subjects, his case would be covered under the Science category. It is further the case of the petitioner that at the time he passed the Higher Secondary Examination, the course of 10 + 2 was not in vogue. It was introduced much later, and, therefore, the second requirement of Cl. 4.2 could not be fulfilled by the petitioner. According to the learned counsel, his passing of Higher Secondary in Science subjects should be considered equivalent to his passing of 10 + 2 with Science subjects.

The argument of the learned counsel for the respondents, on the other hand, is that 10 + 2 course is distinct from Higher Secondary course. According to the learned counsel, Higher Secondary course is of 11 years'' duration from Class 1; whereas 10 + 2 is of 12 years duration. He further submitted that the candidates who had earlier done Higher Secondary course and were to seek admission in Medical or Engineering courses, were required to do pre-medical or pre-non-medical. If one was to join Arts, then a candidates with Higher Secondary qualifications was required tojoin B. A. course of three years''duration. The Pre-medical or Pre-non-medical was of one year''s duration. The argument preceded that 10+2 with Science subjects, (Medical or Non-medical), could be considered equivalent to Pre-Engineering or Pre-Medical and in no case the Higher Secondary with Science subjects which is of 11 years'' duration, could be considered equivalent to 10 + 2 with Science subjects, which was of 12 years'' duration.

After hearing the learned counsel for the parties, I am of the view that the petitioner cannot be helped in this case. The admission that was being sought by the petitioner was to B.Ed. (Science) Course, and, therefore, the emphasis was on Science subjects. The petitioner admittedly had done only Higher Secondary in Science subjects and the Academicians in their wisdom thought that only 10 + 2 with Science subjects along with graduation with Mathematics as one of the elective subjects should be considered to be sufficient for admission to B.Ed. (Science) Course. Since, I am of the opinion that the Higher Secondary with Science subjects, the petitioner cannot take benefit of the second part of Cl. 4.2, quoted above.

For the foregoing reasons, I find no merit in the writ petition, which is hereby dismissed. However, there will be no order as to costs.

Petition dismissed.