LAWS(P&H)-2007-3-456

MANWINDER RANI Vs. STATE OF PUNJAB AND OTHERS

Decided On March 02, 2007
MANWINDER RANI Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) By way of present petition, petitioner seeks a writ in the nature of certiorari for quashing the admission given to respondent No. 5 at District Institute of Education and Training, Budlada District, Mansa in place of the petitioner and further for issuance of a writ in the nature of mandamus directing the official respondents to allow/readmit the petitioner in the above said Institute or in the alternative directions to official respondents to convert the vacant seats of sports category in Science and Commerce Stream available at District Institute of Education (DIET) at Rampur Lalian (Jalandhar) and another at Shekhpur (Kapurthala) to Humanity stream in accordance with the advertisement and to admit the petitioner in the Institute being available candidate with the grade in the sports category and further for issuance of any other writ or direction which this Court may deem fit in the facts and circumstances of the case.

(2.) The admitted facts are that the petitioner passed her 10+2 examination in Humanities and secured 342 marks out of 450. The petitioner has also passed her graduation in Arts with 58 per cent marks. The petitioner who is a sports woman was given Grade-B Certificate in Kabaddi by the Director, Sports, Punjab. The respondent i.e. State ETT Admission and Counseling Committee, Punjab had issued an advertisement for admission to ETT Diploma Course for the year 2006-08 in the State of Punjab. In the said advertisement it was mentioned that the joint merit list of Humanities, Science and Vocational Streams will be made and if any seat in any stream will remain unfilled the same will be filled up on the merit basis from other streams. Notice further provided that 2 per cent of the seats shall be reserved for sportsmen/sports women and Code allotted to category of sports men/women was 72 as per admission notice. The petitioner was one of the applicants for admission to ETT Course in the category of sports women. The admission notice issued by the Government of Punjab provided that person in sports category (female) having marks with percentage of 79% in the Humanity were to appear for the counseling on 22.11.2006. It is the case of the petitioner that as she had 79% of the marks along with B Grade Certificate. She appeared for the counselling on the date fixed and being fully eligible was admitted to the course and was allotted District Institute of Educational Training, Budlada. The petitioner deposited the requisite fee in pursuance to her selection. Thereafter, another notice was issued providing therein that persons with 76.66% marks in sports category (Female in Humanity Stream) could apply for the seats lying vacant. The said notice also provided that any candidate in this category having A or B Grade Certificate Course, could also come for counselling irrespective of the percentage referred to above. In pursuance to the second advertisement respondent No. 5 who had B Grade Certificate in sports but lesser marks in the academics applied for admission. In the said counselling while admitting respondent No. 5 the candidature of the petitioner was cancelled by treating respondent No. 5 to be better sports woman as she was granted B Grade Certificate with IInd position whereas the petitioner was having third position in Grade B. It is also the case of the petitioner that before cancelling her admission no notice was issued to her.

(3.) On notice having been issued, respondents contested the claim made by the petitioner by filing an affidavit of Avtar Singh, Director, State Council of Educational Research and Training, Punjab-cum-Member Secretary, State ETT Admission and Counselling Committee, Punjab. In the affidavit filed it was claimed that the petitioner was given provisional admission wrongly on the basis of academic merit whereas the admissions in the sports quota are made on the basis of gradation certificate as per the instructions issued by the Government of Punjab, Department of Sports and Youth Services vide letter No. 47/26/83-5 Edu./2036 dated 10.12.1997. It was further averred that it was on account of better grading of respondent No. 5 that she has been given admission instead of petitioner. The letter relied upon by the respondents has been attached as Annexure R-1. However, the reading of said letter shows that it is mere an instruction as to how the gradation in sports category is to be done. However, it does not deal with the process of admission. It is also pertinent to notice here that the contention of the petitioner that certain seats in sports category are still available has not been denied. Rather, it was categorically admitted by Ms. Narmaljit Kaur, Additional Advocate General, Punjab, that two seats i.e. one at District Institute of Education (DIET) at Rampur Lalian (Jalandhar) and another at Shekhpur (Kapurthala) are available. It was also admitted that as per the instructions issued, the respondents have an authority to convert the seats from one stream to another if the same is lying vacant.