BALWINDER KUMAR Vs. IKKATTAR SINGH

JUDGEMENT

(1.) The solitary seat reserved for sportsmen in the Elementary Teachers Training Course is the bone of contention. The contest is between the appellant and respondent No. 1. Learned single Judge having accepted the writ petition filed by the first respondent, the candidate, who had been admitted to the course by the Department, has filed the present letters patent appeal. A few facts may be noticed.

(2.) The State Council of Education Research and Training, Punjab, notified that it would conduct an entrance test for admission to 12 District Institutions of Education and Training in the State of Punjab. 2 per cent seats were reserved for sportsmen. The inter se merit of the candidates was to be determined on the basis of the marks secured in the entrance test. However, in case of the seats reserved for sportsmen, it was provided that the admission shall be made on the basis of the gradation given by the Sports Department. It was also provided that a candidate had to secure 50 per cent marks in the entrance test so as to be eligible for admission to the Course. This specific provision appears at page 3 of the brochure a copy of which has been produced before the Court during the course of hearing.

(3.) The appellant as well as the first respondent submitted their respective applications for admission to the entrance test. They had appeared in the test which was actually held on November 22, 1997. The result was declared on April 2, 1998. The appellant had secured 112.48 marks out of a total of 200. The first respondent had secured 109 marks. The appellant was admitted to the Course in May 1998.