SUKHDEEP KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court claiming a writ of mandamus directing the respondents to treat the petitioner as successful candidate in the light of the report dated 25.5.2007 (Annexure P.4) and the special report dated 10.8.2007 (Annexure P.5), given by Lokpal Punjab.

(2.) The petitioner applied for Elementary Teacher Training Course for the session 1997-99 as a General Category candidate, to appear in the Entrance Test. The petitioner appeared in the Entrance Test conducted on 22.11.1997. The result of the Entrance Test was declared on 2.4.1998. The grievance of the petitioner is that the merit list of selected candidates or the candidates placed in the waiting list, was not disclosed. Thus, it would not be possible for a candidate to find his/her merit and the merit of the other selected candidates. It is further pointed out that as per the Prospectus and information book, in case seats in a particular reserved category fall in even number, the same would be divided in the ratio of 50:50 amongst the boys and girls and in case of odd number, 2-2 seats were to be equally divided amongst boys and girls and 5th seat to the category, which was higher in merit. If there was more than one candidate at the same merit, the admission was to be given to the candidate, who was older in age. In respect of single reserved seat, the eligibility of the candidate was to be determined on the basis of merit earned in the respective category.

(3.) The grievance of the petitioner was that against the single reserved seat meant for the Para Military Forces, the candidate selected against the said reserved seat did not take admission. Therefore, the respondents ought to have called the candidate from the waiting list, maintained in the girls' category. Two other girls candidates were selected, but not admitted since at the time of scrutiny of the documents, they were ineligible. The seats of aforesaid candidates were offered to the next eligible candidates. It is pointed out that the unsuccessful candidates filed number of writ petitions before this Court including the petitioner, who filed CWP No. 7972 of 1998. This Court directed declaration of the result, but the same was not declared within one month. The petitioner filed another petition bearing CWP No. 4450 of 1999, which was withdrawn by the petitioner on 5.4.1999.