SAROJ BALA Vs. SANT DARBARA SINGH

JUDGEMENT

(1.) Briefly, the case of the petitioner is that she is a resident of village Maranda, Tehsil Palampur, District Kangra. She passed her B. Sc. examination from Kanya Maha Vidyala Jullundur which is affiliated to the Guru Nanak Dev University, Amritsar, in April, 1978. She obtained 57.2% marks in the aggregate. Sant'Darbara Singh College of Education for Women, Lopon (Moga) District Faridkot respondent No. 1, put in an advertisement in the Daily Tribune dated June 23, 1980 inviting applications from women graduates and postgraduates for admission to B. Ed. course (copy Annexure P-2). The applications were required to be submitted by July 22, 1980. Likewise, G. H. G. Harparkash College of Education for women, Sidhwan Khurd, District Ludhiana also put in an advertisement in the Daily Tribune dated June 28, 1980 (copy Annexure P-3) inviting applications from women graduates for admission to B. Ed. Class. The applications were required to be submitted by July 21, 1980.

(2.) The petitioner in response to the admission notices sent admission forms for admission to B. Ed. Classes in both the colleges. She received an interview card dated nil (copy Annexure P-4) from respondent No. 1 asking her to appear for interview on August 5, 1980 with original certificates and testimonials. She was also required to bring with her domicile certificate signed by a Magistrate First Class. She was, however, intimated by respondent No. 2 that she was not eligible for admission. She went to the office of respondent No. 2 to enquire as to why she was not eligible. She was informed there that as she was not domiciled in the Punjab, consequently, she could not apply.

(3.) It is further averred by the petitioner that the State of Punjab respondent No. 3 issued instructions for regulating admission to the Government and private institutions including respondents 1 and 2. It was provided in clause 4.1 that the admission to the course would be open only to a bona fide resident of Punjab or the son or daughter of an employee or retired employee of the Punjab Government or U. T. Administration Chandigarh. According to her, the above clause is violative of the principles of natural justice and also hit by Articles 14 and 15 of the Constitution of India. She also stated that respondents Nos. 1 and 2 were estopped from refusing to consider her application for admission. She consequently filed a writ petition praying that clause 4.1 of the instructions be struck down being violative of Articles 14 and 15 of the Constitution and respondents 1 and 2 be directed to admit her in the B. Ed. course for the current year 1980- 81.