V.K. Ball, J. - (1.) SURINDERPAL Kaur through present petition filed by her under Article 226 of the Constitution of India seeks writ in the nature of certiorari so as to quash selection/ admission of respondent No. 3 in the sports category for admission to the Elementary Teachers Training Course primarily on the ground that she is not eligible to be granted admission in sports category as she does not answer the criteria spelled out in instructions Annexure P -1 as per her sports gradation certificate and therefore irrespective of the fact that she was higher in merit in the entrance test, she has to make way for the petitioner.
(2.) BRIEF facts entitling petitioner to admission in sports category in the course under contention and in consequence thereof to set aside the admission granted to Kuldip Singh respondent No. 3 need a necessary mention. Respondent -State issued an advertisement for admission to Elementary Teachers Training (hereinafter referred to as ETT) course being run by the Education Department of Punjab Government Admissions were to be made on the basis of entrance test to be held on 7.2.1999. It is the case of the petitioner that two per cent seats were reserved for outstanding sportsmen/women. But to earn admission in this category, there was a precondition that in sports category a candidate should have A, B, C or D certificate. However, candidates having higher marks in the entrance test were to be granted admission irrespective of lower gradation in the sports category. To restate, if a candidate had obtained more marks in the entrance test but in sports gradation, he was lower than the candidate who had obtained less marks in the entrance test, it is one with the more marks who shall have precedence for admission.
(3.) OFFICIAL respondents declared the result of ETT test on 8.2.1999 according to which respondent No. 3 was selected against the category of sports women whereas the petitioner was shown in the waiting list at No 1. It is the case of the petitioner that it was mentioned in the Prospectus that only those candidates in the sports category will be considered who have gradation certificate of A, B, C, or D and as per instructions dated 10.12.1997 case of respondent No. 3 could not be kept under the reserved category of sportsmen/women for the reason that she has the gradation of category C certificate and that too of participation which was no longer valid. In other words, it is the case of the petitioner that sports credentials of respondent No. 3 did not answer the pre -requisite as contained in the instructions according to which alone various gradation certificates could be issued by the department. On the other hand, petitioner is said to be player of Hand Ball, participated in District Hand Ball Championship for Women in the years 1995 -96 and 1996 -97 and got first position in both the tournaments. She was given D grade certificate which was issued to her on 29.4.1998.;