CWP No. 16873 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16873 of 2008 Date of Decision: 23.9.2008 Pooja Kaushik ....Petitioner Versus State of Haryana and another .....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Rajiv Sharma, Advocate, for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. Notice of motion. Shri D.S. Nalwa, Additional AG, Haryana, present in Court, accepts notice. The State Council of Educational Research and Training, Gurgaon published an advertisement for admission to Diploma-in- Education. The admission to such course is based upon entrance examination. It is the case of the petitioner that though the petitioner was successful in the entrance test and was also eligible for admission to the course, but still the petitioner was not admitted to the Diploma-in- Education course for the reason that the petitioners have not obtained 35% marks in English in the graduation examination. It is the case of the petitioner that she has graduated from Delhi University and has obtained 30 marks in the subject of English. As per the Rules of Delhi University, minimum marks required to pass the examination at the end of each year (Part I, II and III), shall be 30% in CWP No. 16873 of 2008 (2) each subject and 36% in aggregate. It is, thus, contended that the petitioner is graduates with English as one of the elective subjects. The eligibility condition for admission to the Diploma-in- Education course in the Prospectus is as follows:- “(i) Diploma-in-Education (D.Ed.) A candidate should have passed Graduation Examination with English as one of the option/elective subject from any recognised University.” On the strength of the aforesaid condition of the Prospectus, it is contended that the petitioner is eligible for admission to the course and, thus, the action of the respondents in not granting admission to the petitioner is unjustified. On the other hand, on behalf of the respondents, it has been pointed out that it is for the State Government as to what qualification should be prescribed for such diploma course. Since the State Government has not prescribed any qualification, the State Government is supposed to adopt educational qualification on the pattern of the Universities in Haryana, established by the State Legislature. Minimum educational qualification on the pattern of the Universities in Haryana i.e. Kurukshetra University and Maharishi Dayanand University, is 35% per year per subject and, therefore, the petitioner cannot be declared eligible for admission in the Diploma-in-Education course. We have heard the learned counsel for the parties. We do not find any merit in the stand of the respondents. As per the conditions in the Prospectus, a candidate is required to have passed the graduation examination with English as one of the subjects from any recognised University. It is not disputed that the Delhi University is one of the recognised Universities and the petitioner has qualified in the subject of English. Therefore, the petitioner is eligible candidate for admission to CWP No. 16873 of 2008 (3) Diploma-in-Education course. The stand of the respondents that the qualifying marks as are prevailing in the Universities in Haryana are to be taken into consideration, is not tenable. Though the State Government could prescribe qualifications for admission, but once the qualification prescribed is passing of the graduation examination with English as one of the subjects, it was not open to the respondents to rely upon the pass percentage of marks prevailing in the Universities of the State of Haryana. The said pass percentage of marks is relevant only for the purposes of qualifying examination of the respective Universities for admission to Diploma-in-Education. In the absence of any condition of any minimum marks required in a particular subject, it cannot be said that the petitioner is not eligible for admission in Diploma-in-Education course. Consequently, we dispose of the present writ petition with a direction to the respondents to admit the petitioner as per her merit to the Diploma-in-Education course, in accordance with law, in case any seat is available. Copy of the order be given Dasti on payment of usual charges. (HEMANT GUPTA) JUDGE (KANWALJIT SINGH AHLUWALIA) JUDGE 23-09-2008 ds