KAVITA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the petitioner in this writ petition is that she has been wrongly and illegally denied admission to the two year diploma course in Elementary Teacher Education (session 1997-99).

(2.) Respondent no.3 State Council of Educational Research and Training, Delhi had invited applications from eligible candidates for admission to the Elementary Teacher Education Course (session 1997-99) in the District Institutes of Education and Training. Annexure B is a copy of the prospectus cum application form. As per the said prospectus the last date for submission of application forms was 5.6.97. The entrance test was scheduled to be held on 22-6-97. The merit list of entrance test and schedule of interview was to be displayed on " 1.7.97. The interview was to be conducted on 14.7.97 and 15.7.97. The final result of select list and waiting list was to be displayed on 21.7.97. The candidates of select list were to report for admission at their allotted District Institute of Education and Training on 22.7.97 and 23.7.97. The candidates of the waiting list were to report for admission at their allotted District Institute of Education and Training on 28.7.97 to 29.7.97. The classes were to commence on 1.8.97. As pe the prospectus 3% of the seats were reserved for sportsmen/sportswomen. Admittedly the total number of seats was 660 and 19 seats were reserved for sportsmen/sports wome n.

(3.) Being eligible for admission to the above mentioned course the petitioner submitted her application and she was allowed to appear in the entrance test and interview. Her name was not included in the merit list. However her name was shown at serial no. 3 in the waiting list pertaining to the category of sports quota. The provisional admission of Shri Pradeep Kumar and Shri Rajat Kumar who were among the 19 candidates included in the merit list in respect of the sports quota was cancelled for certain reasons. Consequently the first two candidates from the waiting list in respect of sports quota were called for special interview before the Selection Committee on 26.7.97. However, one of them, Sunil Kumar, did not attend the interview and therefore, his provisional admission also was cancelled. According to the petitioner consequent on the cancellation of the provisional admission given to Mr. Sunil Kumar the petitioner who was at serial no.3 in the waiting list should have been admitted to the course. Since the respondent did not admit the petitioner to the course in one of the available vacancies the petitioner filed this writ petition mainly praying for a direction to respondents 3 and 4 to perform their statutory duty and to admit her to the course as turn in the waiting list.