IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2008 CORAM: THE HONOURABLE Mr. A.K.GANGULY, CHIEF JUSTICE and THE HONOURABLE Mr. JUSTICE F.M.IBRAHIM KALIFULLA WRIT APPEAL Nos.718 to 726 of 2008 and M.P.Nos.1 of 2008 in all appeals T.Shyla .. Appellant in WA.718/2008. C.Asha .. Appellant in WA.719/2008. C.Pearly Amara .. Appellant in WA.720/2008 A.Margaret Ajitha Kumary .. Appellant in WA.721/2008 C.Usha .. Appellant in WA.722/2008 D.Nesaline Anjala .. Appellant in WA.723/2008 S.Amutha .. Appellant in WA.724/2008 J.Hermina Beatrisam .. Appellant in WA.725/2008 S.Sahaya Jaczulin Mahila .. Appellant in WA.726/2008 /versus/ 1. The Secretary to Government, Collegiate Education, Fort St. George, Chennai – 600 009. 2. Director of Collegiate Education, Chennai – 600 006. 3. The Controller of Examination, Manonmaniam Sundarnar University, Tirunelveli – 627 012. https://hcservices.ecourts.gov.in/hcservices/ 4. Ponjesly College of Education, Alamparai, Vettoornimadam Post, Nagercoil, Kanyakumari District. .. Respondents in all the above appeals. Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 24.4.2008 made by the learned single Judge of this Court in W.P.No.41881 of 2006. W.P.No.41881 of 2006: Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified mandamus to call for the records relating to the impugned order dated 28.09.2006 Ref.No.MSU/CE/E/E&R passed by the third respondent university and quash the same in so far as the portion of the said order declaring that the petitioner is not eligible for admission in B.Ed. Course and consequently direct the third respondent to approve the eligibility of the petitioner for admission in B.Ed. Course in the fourth respondent college following the guideliness issued by the first and second respondents. W.P.41882 to 41889 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 3rd Respondent University to consider the representation dated 23.10.2006 submitted by the petitioner and approve the admission of the petitioner in the B.Ed. Course and accept be eligibility of the petitioner for joining the B.Ed. Course as per the guidelines issued by the respondents 1 and 2 and consequently permit the petitioner to complete the B.Ed. Course in the 4th respondent college during the calendar year 2006. For appellant in all cases : Mr.S.Thankasivan For respondents : Mr.G.Sankaran, Special Govt. Pleader. (JUDGMENT OF THE COURT WAS DELIVERED BY THE HON'BLE THE CHIEF JUSTICE) Heard counsel for the parties. These appeals have been filed against a common order dated 24.4.2008 passed by the learned single Judge, dismissing all the nine writ petitions in W.P.Nos.41881 to 41889 of 2006. 2. These writ appeals have been filed against the dismissal of nine writ petitions which involved a common question. The common question involved in these appeals is whether the appellants/writ petitioners can be allowed in B.Ed. Course having regard to the qualification prescribed by the State Government. Admittedly, the https://hcservices.ecourts.gov.in/hcservices/ appellants before us, had not secured 45% marks in Under Graduate Degree. Some of them have obtained Post Graduate Degree. But the requirement of 45% marks in the Under Graduate Degree is a mandatory requirement under the qualification prescribed by the State Government. The qualification prescribed by the State Government is as follows:- (i) The candidates should have passed the UG Degree examination in the 10+2+3 stream, with the same main subject in part III, for which he is seeking admission in the B.Ed., course. (ii) Candidates who have taken more than one main subject in Part III (Double or Triple major) of the U.G. degree have to choose only one of the main subjects and apply for that optional in B.Ed. (iii) Candidates who have done their U.G. degree in Applied Chemistry, Bio-Chemistry or Applied Physics can apply for Chemistry and Physics optional respectively in B.Ed, those who have done Environmental Science and Micro- Biology can apply Biology optional in B.Ed and similarly candidates with Applied Geography in UG degree can apply for Geography optional. (iv) a) Candidates should have secured 45% of marks in U.G. degree and in P.G. degree a minimum pass is required for admission. b) In the case of candidates belonging to SC and ST communities, a pass in the relevant UG degree course is enough, irrespective of the number of attempts, c) In the case of handicapped (both physical and visual) candidates, a minimum pass in the degree is required. (v) Candidates with PG qualification alone will be considered for Economics, Commerce and Home Science." 3. The attention of this Court has been drawn to clause (iv) of the said qualification:- (iv) a) Candidates should have secured 45% of marks in U.G. degree and in P.G. degree a minimum pass is required for admission. b) In the case of candidates belonging to SC and ST communities, a pass in the relevant UG degree course is enough, irrespective of the number of attempts, https://hcservices.ecourts.gov.in/hcservices/ c) In the case of handicapped (both physical and visual) candidates, a minimum pass in the degree is required." 4. Learned counsel for the appellants tried to contend that the candidates should have secured 45% marks in U.G. Degree and a minimum pass in P.G. Degree should be construed differently from the way it has been construed by the learned Judge. And should be construed as "or". The learned counsel for the appellants submitted that since the appellants have obtained P.G. Degree, the fact that they failed to obtain 45% marks in P.G. Degree should not stand in the way of their getting admission in B.Ed. Course. We have considered this submission. But we are unable to accept the same inasmuch as under the requisite qualification 45% marks in U.G. Degree is a mandatory requirement. 5. Additional requirement is a P.G. Degree in which no percentage of mark is specified, but mere pass has been specified. Therefore, just a pass in P.G. Degree cannot be substituted for the requirement of 45% marks in the U.G. Degree. This is clear on a plain reading of clause (iv)(a). 6. It is a well settled principle of construction where a plain reading makes the meaning clear and there is no ambiguity, the principles of construction need not be pressed into service. In the instant case, any ordinary person, by reading Clause (iv)(a) of qualification, can come to the conclusion that requirement of 45% marks in U.G. Degree is mandatory. In so far as the qualifications prescribed by N.C.T.E. are concerned, the same had been set out by the learned Judge in paragraph No.9 of the order. The said norms are set out below:- " 9. It is not in dispute that as per NCTE norms, the eligibility for admission to B.Ed. Degree is as follows: "3. Eligibility.- (a) Candidates with at least 45% marks in the Bachelor's/Master's Degree with at least two school subjects at the graduation level are eligible for admission. (b) Admission should be made either on the basis of marks obtained in the qualifying examination or in the entrance examination conducted by the University/State Government, as per the policy of the State Government/University, to which the institution is affiliated. (C) There shall be reservation of seats for SC/ST/OBC, Handicapped, Women, etc. as per the rules of https://hcservices.ecourts.gov.in/hcservices/ the concerned State Government." 7. This Court finds that the N.C.T.E. Norms under Clause (a) are getting 45% marks in Bachelor's/Master's Degree at least with two School subjects at Graduate level. Clause (b) says that admission should be made either on the basis of marks obtained in the qualifying examination or in the entrance examination conducted by the University/ State Government, as per the policy of the State Government/ University, to which the institution is affiliated. Under the NCTE norms 45% marks both in Bachelor's and Master's Degree is the requirement and the State Government policy has been a primacy. 8. Going by the said norms of the State Government, we do not find that the appellants/writ petitioners who had not obtained 45% marks in the U.G. Degree, can have any right to get admission. That being so, we do not see any reason to interfere with the order of the learned single Judge of the Writ court. 9. Therefore, all the Writ Appeals are dismissed accordingly. No costs. All the miscellaneous petitions are closed. Sd/- Assistant Registrar /true copy/ Sub Assistant Registrar sai To 1. The Secretary to Government, Collegiate Education, Fort St. George, Chennai – 600 009. 2. Director of Collegiate Education, Chennai – 600 006. 3. The Controller of Examination, Manonmaniam Sundarnar University, Tirunelveli – 627 012. 4. Ponjesly College of Education, Alamparai, Vettoornimadam Post, Nagercoil, Kanyakumari District. + 9 ccs to Mr.S.Thangasivan Advocate SR No.34269 + 1 cc to the Government Pleader SR No.34205 W.A.Nos.718 to 726 of 2008 SGL(CO) JJM(21.07.08) https://hcservices.ecourts.gov.in/hcservices/