R.A. Sharma, J. - (1.) Petitioner, applied for and appeared in entrance test of 1993 conducted by Respondent No. 1 for selecting candidates for admission in L.T. course in different training colleges. In her admission form, Petitioner has given first preference for Government L.T. Training College,' Allahabad second preference for K.P.L.T. Training College, Allahabad and her third preference was for Sakaldiha L.T. Training College, Sakaldiha District Varanasi. She was selected but she could not get sufficient marks for higher position in merit list on account of which she was admitted on 4-8-1993 in Sakaldiha L.T. Training College, Sakaldiha District Varanasi which was her third preference. It appears that there came into existence some vacancies in K.P.L.T. Training College, Allahabad due to non-joining of some of the selected candidates. When Petitioner came to know about these vacancies she made a representation before the Respondent No. 1 praying for admission in K.P.L.T. Training College, Allahabad. No action appears to have been taken by the Respondent No. 1 on this representation. Petitioner has accordingly filed this writ petition for writ of mandamus direr-ting the Respondents to admit her in or transfer her to K.P.L.T. Training College, Allahabad.
(2.) The Respondents have filed counter affidavit and the Petitioner has filed rejoinder affidavit in reply thereto. The Respondents have also produced the original record of candidates who were selected and those who were placed in the waiting list. I have heard learned counsel for the Petitioner as well as learned standing counsel.
(3.) From the perusal of the record produced by the learned standing counsel, it appears that the Petitioner secured 133 marks and her name was placed in the merit list and she was admitted in Sakaldiha L. T. Training College, Sakaldiha, District Varanasi. However two candidates who have secured less marks than the Petitioner and whose names were not in the merit list were given admission in K.P.L.T. Training College, Allahabad after the vacancies came into existence on account of non-joining of certain students. The above two candidates were not even in the merit list and their names were in the waiting list. If the vacancies came into existence in K.P.L.T. Training College, Allahabad, it was the duty of the Respondents to offer the same to those, names were placed in the merit list. Allotting these vacancies to those who have secured less marks and whose names were not even in the merit list, does not appear to be justified and is arbitrary.;