1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5201 OF 2010 Preeti Durgendra Mishra ..Petitioner versus The State of Maharashtra & Anr. ..Respondents Mr. A. B. Mishra for Petitioner. Mrs. M. P. Thakur -AGP for State – Respondent No. 1. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 07, 2010. P.C. : 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State – respondent No. 1. 2. The grievance of the petitioner is in respect of change of eligibility criteria by the respondents after the petitioner submitted application seeking admission of the B.Ed. course. It is submitted that as per the original criteria the minimum eligibility percentage at graduate level was 45% marks in case of open category and 40% for reserved category candidate. It is submitted that since the petitioner at the time of submitting the application 2 from open category was fulfilling the eligibility criteria and therefore the petitioner was permitted to appear for C.E.T. Examination. It is submitted that at latter point of time the eligibility criteria came to be changed by the respondents. As per the new eligibility criteria, the candidate who had applied from the open category was required to obtain 50% marks at graduate level. It is submitted that this action of the respondents is bad in law and therefore the petitioner cannot be denied admission because of the changed criteria. 3. The learned Assistant Government Pleader has submitted that the advertisement was published on 29th April 2010 inviting applications for the B.Ed. course. In the said advertisement itself the following eligibility criteria was mentioned: So far as the candidate belonging to open category the minimum eligibility percentage was 50% at the graduate level and in case of reserved category candidate the same was 45%. 4. It is further submitted that the application submitted by the petitioner was pursuant to the said advertisement and therefore it is not open for the petitioner to canvass that the criteria for eligibility was changed by the respondents after the petitioner submitted application for the B.Ed. course. 3 5. Considered the contentions canvassed by the respective counsels. 6. In the back-drop of the above referred facts, it is evident that the advertisement was issued by the respondents on 29th April 2010 in which the eligibility criteria prescribed was 50% marks at graduation level for the students applying from the open category and 45% marks at graduation level for the students applying from reserved category. There is no reason for us to disbelieve the statement made by the learned Assistant Government Pleader in this regard. The petitioner has neither annexed the copy of the advertisement nor any other document to demonstrate otherwise. 7. For the reasons stated herein above the petition suffers from lack of merits. Dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)