The State of Karnataka and The S.S.L.C. Board vs Udayakumar Wale, The Karnataka Mahila Hindi Seva Samithi and The Principal, Hindi Shikshaka (B.Ed.) Training College

N.K. Patil, J.—Assailing the correctness of the order dated .18.7.2006 passed by the learned Single Judge in Writ Petition No. 45070/04 (EDN), the Appellants - State have presented this appeal.

The Respondent No. 1 herein has passed B.A. in Hindi, securing 49,33% marks from Shivaji University, Kolhapur. As per the Ordinance 93, Appendix-A, he has been declared II Class by rounding off to 50% as against the secured marks of 49.33%. Accordingly, he was given admission to continue his studies in B. Ed., course from the Respondents 2 and 3 - institutions. After completion of the B. Ed., course, the announcement of the result was withheld. At that stage, the first, Respondent felt necessitated to present the Writ Petition No. 15070/2004 assailing the correctness of the communication cum order dated 14.9.2004 issued by the second Respondent, as being arbitrary, erroneous and contrary to the law vide Annexure-F. The said W.P. was allowed with a direction to me to(sic) announce the results of the B. Ed., (Hindi Shikshak) Course. Aggrieved by the said order, the State and others have presented the instant appeal.

We have heard the learned Counsel appealing for the Appellants and the counsel appearing for the Respondents.

On careful evaluation of the entire material available on record, it emerges that the first, Respondent has passed BA in Hindi from Shivaji University, Kolhapur and has secured 49.33% in the said degree examination. According to the Circular No. Exam.204 of 1981 issued by the Shivaji University, Kolhapur, and as per Appendix-A, Ordinance 93, if the candidate who has secured 1%, less than he aggregate marks on the basis of which the class or Distinction is awarded shall be placed for consideration and for taking a decision before the Adhoc Committee, for the purpose of determining the percentage of deficiency, a fraction of half or more than half shall be computed as one. According to the ordinance, though the R-1 has secured 49.33% he is to be treated as having passed in second class. The R-1 applied to the third Respondent collage for B. Ed., (Hindi) course for the academic year 2003-04. However, when the college submitted his application for approval before the authorities, they have cancelled the admission on the ground that he has not secured 50% in the qualifying examination. Therefore R-1 has preferred WP No. 45070/2004. When the said case had come up for final hearing on 18.7.2006, after hearing both the sides, and as per the relevant provisions/ Ordinance, the Shivaji University has treated this 49.33% as II Class. But unfortunately there is no provision as such under the Education Act. Therefore, the stand of the Appellants that, the R-1 is not eligible for admission to B. Ed., course cannot be found fault with. However, the fact remains that, the R-1 is a Gadinadu kannadiga. The subject, which he has studied in B.A., is ''Hindi''. In fact, the eligibility criteria prescribed for being admitted to Hindi Shikshak course is that, he or she need not be a graduate at all and it is not in dispute that. R-1, in fact, has secured 49.33% in B.A decree examination from the Shivaji. University and that has completed his course. Even though he had pleaded at the time of grant, of interim order that he would not plead equity, having regard to the facts and circumstances of the case, specially taking note that, the first Respondent has completed B.A. in Hindi, being the Gadinadu Kannadiga and wants to complete his B. Ed., in Hindi language, keeping in view his commitment and sincere efforts to become qualified, it would be unjust on one part to deprive a Gadinadu Kannadiga for an admission to B. Ed., course in Karnataka. it is no doubt a well settled law of the Apex Court, and this Court in most of the judgments that, the Court has no powers to declare the eligibility of the ineligible candidates. But having regard to the exceptional circumstances, R-1 should be permitted to have the benefit of the examination which he has taken without making it as a precedent and confining the benefits to the R-1. only, in the peculiar facts of the case.

For the foregoing reasons, the appeal filed by the Appellants is dismissed as devoid of merit. Ordered accordingly.