SWARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab (Department of Education) decided that selection of candidates for admission to Elementary Teachers Training (ETT) course for the session 1996-98 all the twelve District Institutes of Education and Training and one J.B.T. Institution of the State shall be made by holding a competitive entrance examination. The State Council of Education Research and Training, Punjab (for short the Council) published admission notice in the newspapers and the last date for sending admission forms was 20-8-1996. Admission to the ETT Course was to be based on relative districtwise merit of candidates determined on the result of the entrance examination subject to reservation of seats for the Scheduled Castes/Tribes and other categories specified by the State Government. The relevant part of the admission notice which concerns the dispute that has arisen in the present petition may be reproduced herender for facility of reference :-

(2.) In the written statement filed on behalf of the State and the Council, it is stated that 54 girls were admitted to the ETT course. The explanation for this as given by the respondents is that the distribution of seats in four reserve categories between males and females resulted in the allotment of fractions of seats and since no admission was possible against a fraction, it was decided that whole of the seat should go to the candidate of that category whether male or female depending on who secured more marks out of the two. It so happened that in four reserve categories the eligible candidates for the fraction of the seat were only girls as they had secured more marks than the eligible boys in those categories and this led to 54 girls being admitted.

(3.) When this writ petition came up for motion hearing, the petitioners placed reliance on a Division Bench judgment of this Court in Jagrup Singh v. State of Punjab, Civil Writ Petition 7065 of 1997 decided on 30-7-1997 wherein a direction was issued to the respondents to admit the petitioners therein as they were candidates from District Bathinda who were placed at serial numbers 1 and 2 on the waiting list pertaining to the general category (Males). While directing the admission of the petitioners, R. S. Mondia, J. speaking for the Bench in that case directed that the petitioners therein would be deemed to have completed the 1st Semester and would be treated as having failed in the Ist Semester examination and that they would have to clear the papers of the Ist Semester thereafter. It appears that : The Motion Bench in the instant case had some reservation in regard to this direction and ordered that a case be heard by a larger Bench. This is how the case has been placed before us for decision.