Court No. - 18 Case :- WRIT - A No. - 43393 of 2010 Petitioner :- Nitin Jaisawal Respondent :- State Of U.P. And Others Petitioner Counsel :- Bheem Singh Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Petitioner before this Court has made an application for admission to B.T.C.
Course-10. He has to his credit a degree of B. Tech. offered by the U.P.
Technical University, Lucknow. In terms of the advertisement published, the
petitioner had submitted his form complete in all respect, he claimed to be
within Arts. The aforesaid disclosure was made in the background that under
Clause 6 of the advertisement it was mentioned that candidates with B. Sc., B.
Sc. (Agriculture) and B. Sc. (Home Science) will be treated within Science
stream. He, therefore, submits that other candidates, who did not have the
graduation degree in the aforesaid three branches, were to be treated within
Art stream. Therefore, the petitioner has submitted his application in the Art
stream. It is stated that qua a candidate with a degree of B. Tech. there was no
separate code provided.
The candidature of the petitioner has been rejected only on the ground that he
was liable to be considered within Science stream, while has has shown in his
application that he belongs to Art stream. Reference has been made to the
clarification, which has been issued on 20th July, 2010 for the purpose, which
is apparently subsequent to last date of submission of the application.
In the facts and circumstances of the case, I am of the considered opinion that
no default can be attributed to the petitioner for signifying his stream as ‘Arts’,
specifically in view of the terms and conditions of the original advertisement.
If the respondent authorities have decided to treat a candidate with a degree of
B. Tech. within Science stream, it would be more fair and just that petitioner
should be considered in the said stream instead of canceling his candidature
itself.
Accordingly, the present writ petition is allowed. The Principal, District
Institute of Education and Training, Kaushambi is directed to consider the
claim of the petitioner for admission to B.T.C. Course-2010 within Science
stream and if his merit is above the last selected candidate within the category
to which the petitioner belongs, he shall pass appropriate order for admission
of the petitioner, preferably within two weeks from the date a certified copy
of this order is filed before him.
Order Date :- 29.7.2010
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