1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER S.B.Civil Writ Petition No.5634/2005 Rizwana Parveen Vs. State of Rajasthan & Ors. Date of Order :- 01.04.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Rishi Kr. Sharma, for the petitioner. Mr.K. Verma, Addl.G.A. for the State. The petitioner has challenged her non- selection to the B.S.T.C. Training Course for the year 2005. According to the petitioner although she was eligible, she has not been selected ostensibly on the ground that while taking Senior Secondary Examination, she did not have mathematics as a subject. However, Smt. Irfan Banu and Raisa Begum, who also did not have mathematics as a subject in Senior Secondary, have been selected for the B.S.T.C. Training Course. Hence, it is a case of hostile discrimination. Moreover, subsequently the petitioner had taken the mathematics course. Therefore, now she is eligible. 2 On the other hand, Mr. K. Verma, the learned Additional Government Advocate, has contended that firstly, B.S.T.C Training Course of 2005 was for a duration of two years. Therefore, the course is already over. Secondly, since there was an essential requirement that the person should have taken mathematics in Senior Secondary and since the petitioner did not have mathematics as a subject, therefore, she was ineligible. Thirdly, even if, others who were ineligible for selection have been selected, the concept of equality cannot be claimed in the negative. Fourthly, even if the petition were to be allowed, since the course is already over, no benefit can be given to the petitioner at this belated stage. Heard the learned counsel for the parties and perused the record. A bare perusal of the letter dated 20.05.2005 clearly reveals that one of the eligibility requirements is that a person who has completed senior secondary (10+2) examination, the person should have Hindi, English and Mathematics as one of the five subjects. Admittedly, in 2005 when the petitioner had applied for the B.S.T.C. Training Course, she had not done mathematics as one of her subject. Therefore, she was not 3 eligible for the same. In case, she has done mathematic subsequently, the benefit of the same cannot be given for the academic year 2005-2006. Even if it is true that Smt. Irfan Bano and Raisa Begam were selected for the B.S.T.C. Training Course, despite, their not having mathematics as a subject in the Senior Secondary, the petitioner cannot derive any benefit from the said fact. For, the concept of equality under Article 14 of the Constitution of India is a positive concept and not a negative one. Therefore, in case Smt. Irfan Banu and Raisa Begam were selected for the program, it does not strengthen the case of the petitioner. Moreover, Since the duration of the Course is already over, no fruitful purpose would be served, even if this writ petition were allowed. In this circumstances, this writ petition is devoid of any merit. It is, hereby, dismissed. There shall be no order as to costs. (R.S.CHAUHAN)J. Manoj Solanki