LAKHBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Lakhbir Kaur (minor) through her father and natural guardian Sukhdev Singh has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of writ of certiorari for quashing of clause 10 of the Information Brochure, Annexure P1, to the extent that it provides for precedence to the performance in the entrance test over the performance in sports which is violative of Article 14 of the Constitution of India being illegal, arbitrary and against the Sports Policy, Annexure P5. The petitioner has further prayed that a writ of mandamus be issued against respondents No. 1 to 3 to declare her selected in the Elementary Teacher Training entrance examination in the category of sports quota as respondent No. 5 has been selected on the basis of Annexure P1 having less meritorious performance in sports and, therefore, her admission may be quashed.

(2.) The case set up by the petitioner is that she applied for Elementary Teacher Training Course for the session 1998-2000. Her pass percentage was 62.50 while that of respondent No. 5 was 69.50 The grouse of the petitioner is that she is possessing Sports Certificate Garde 'B' vide Annexure P3, whereas respondent No. 5 is having Sports Certificate Grade 'C' vide Annexure P4. Irrespective of the fact that respondent No. 5 has higher merit in marks but while granting the seat under sports quota, the gradation certificate issued by the Sports Department is to prevail. It is also the case of the petitioner that the certificate which was issued in favour of respondent No. 5 was issued in the year 1981 and such certificate after a lapse of 5 years has no validity because this type of certificate is not in accordance with the policy Annexure P5, dated 10.12.1997. Whereas the certificate issued in her favour is as per the said policy. With these broad allegations, the petitioner has prayed for the issuance of necessary directions as stated above.

(3.) Notice of the writ petition was given to the respondents. The State of Punjab filed a separate written statement and the stand taken by the State is that it was specifically mentioned at page No. 6 of the prospectus that selection/merit of the candidates of sports category will be determined on the basis of the marks obtained by them in the entrance test. Respondent No. 5 Parvinder Kaur had secured 69.50% marks, whereas Lakhbir Kaur-petitioner secured 62.50% marks. As per the report submitted by the Director, Sports, Punjab vide his memo dated 20.5.1999, respondent No. 5 Parvinder Kaur becomes entitled for 'D' grade certificate as per new graduation policy. Justifying the admission of respondent No. 5 the stand of the State is that since respondent No. 5 had better marks than that of the petitioner, therefore, she was preferred for the admission.