R.L. Anand, J. - (1.) Mr. Jasbir Kaur daughter of Shri Gurbax Singh, has filed the present writ petition under Articles 226/227 of the Constitution of India and she has made a prayer that directions in the nature of mandamus be issued against respondents No. 1 and 2 to place the petitioner in the selection list of Elementary Teachers Training Admission Course Session 1999-2001, published on 21.10.2000, as respondent No. 2 Ms. Chinder Pal Kaur selected in the category of Border Area, does not belong to the Border Area Belt of 16 Kms. as District Mukatsar does not fall in the Border Area Belt and the petitioner has been placed in the waiting list at serial No. 1 belonged to Jalalabad West District Ferozepur which falls within 16 kms of International Border.
(2.) The facts in this case are not much disputed but for the sake of appreciating the controversy these are mentioned as follows:- On 16.3.2000 an advertisement appeared in The Tribune that seats of District Amritsar and Ludhiana have been increased from 100 to 150 and for the District of Ferozepur and Sangrur the seats have been increased from 100 to 125. The total seats would be 1950. It was also mentioned in the advertisement that the last date of submission of admission forms was March 24,2000 and the date of entrance test was 9.4.2000. The petitioner claims that she hails from District Ferozepur within the Border Belt and after her marriage, she started living with her husband at Mukatsar. It is the grouse of the petitioner that Ms. Chinder Pal Kaur hails from Ferozepur and she was never a resident of Ranjit Garh which has been transferred from Ferozepur to Mukatsar. Thus, she could not only appear in the Ferozepur District and not in Muktasar District and thus, the selection of respondent No.3 should be quashed and the seat which might fall vacant on the quashment of the admission of respondent No. 3 should be given to the petitioner Smt. Jasbir Kaur and she is at serial No. 1 in the waiting list. With this broad basis the petitioner has filed the present writ petition.
(3.) Notice of the writ petition was given to the respondents, who, have denied the allegations. The stand of respondent No. 1 is reflected in para No. 9 of the written statement which can be quoted as follows:- "That in reply to this para, it is submitted that as per Border Area certificate No. 3402 dated 30.12.1998, attached with the application Respondent No. 3 Chhinder Pal Kaur d/o Shri Mohinder Singh belongs to village Basti Mohar Singh Tehsil Jalalabad West (Ferozepur). As per report of Sub Divisional Magistrate, Jalalabad West, Village Mohar Singh Tehsil Jalalabad (Ferozepur) is situated within 10 miles from International Border (R-1). According to certificate issued by Head Teacher, Govt. Primary School, Mottu Fangian (Ferozepur), respondent No. 3 has been studying in this school from 2.4.1984 to 11.5.1987 i.e. from class First to Fourth. From 14.5.1987 to 31.3.1989, Respondent No. 3 has been studying in Govt. Primary School Basti Dhani Dogra Block Jalalabad West (2) District Ferozepur. Respondent No. 3 passed her matriculation and 10 plus 2 examination from Govt. Girls Senior Secondary School, Jalalabad (Ferozepur). All these villages fall within 16 Kms from Indo-Pak Border. Later on, parents of respondent No. 3 shifted to village Ranjit Garh, Sub Tehsil Guru Harsahai (Ferozepur). As per Punjab Govt. Department of Revenue and Rehabilitation Notification No. 2/35/96-RE ll(2) 7415 dated 21.8.1996, after the creation of District Muktsar, Village Ranjit Garh has since been transferred from Ferozepur to Muktsar". Respondent No. 3 also filed a separate written statement and denied the allegations of the petitioner.;