SARBNIDHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed the present petition seeking direction of this Court against respondent No. 3 i.e. Principal, District Institute of Education and Training (DIET), Rampur Lilian, District Jaland -har to allow the petitioner to attend the classes who has sought admission in the Elementary Teachers Training Course under the category of freedom fighter.

(2.) THE case set up by the petitioner is that he passed the matriculation examination in the 1st Division. He passed 10+2 in the year 1998 securing 263 marks out of 450 marks. He is a permanent resident of the State of Punjab and resides in Tarsika, Tehsil Baba Bakala, District Arnritsar. The petitioner further alleged that he is a grand son (Dohta) of late Sh. Gurbax Singh son of Shri Bhagwan Singh, who was a freedom fighter. The Convenor, Elementary Teachers Training Entrance Test -cum -DPI (Primary), Punjab issued advertisement regarding holding of Entrance Test for the Session 1998 -2000. The petitioner applied in response to that advertisement. The result was published and petitioner was shown at merit No. 51. The petitioner alleges that he deposited the requisite fees and other dues and he started attending the classes with effect from 11.3.1999 but on 9.4.1999 his admission to the said course was cancelled on the ground that Yaspal and Balbir Singh had the higher merit than that of the petitioner. According to the petitioner, there are still vacant seats in the general category against which the petitioner can be accommodated, therefore, he is seeking the above directions against respondent No. 3.

(3.) IN this view of the matter, when the petitioner has no higher merit than that of Shri Balbir Singh, therefore, he could not claim his right for the seat and as such the action on the part of the respondent authorities cannot be held to be illegal.