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Punjab-Haryana High Court

Poonam vs State Of Haryana And Others on 8 October, 2013

Author: Rakesh Kumar Jain

Bench: Rakesh Kumar Jain

                  IN THE HIGH COURT OF PUNJAB AND HARYANA
                                   AT CHANDIGARH
                                   ****
                                             C.W.P. No.17380 of 2013
                                            Date of Decision:08.10.2013
            Poonam
                                                            .....Petitioner
                        Vs.
            State of Haryana and others
                                                            .....Respondents

            CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

            Present:-          Mr. Johan Kumar, Advocate for the petitioner.

                               Mr. Saurabh Mohunta, DAG, Haryana.
                                                  ****


            Rakesh Kumar Jain, J. (Oral)

Petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to grant her admission in JBT Course (Urdu) after cancelling the admission of respondents No.4 and 5.

It is submitted that respondents invited on-line application form for admission to JBT/ D.Ed course from 5.7.2013 to 15.7.2013. The petitioner being fully eligible, applied online for the D.Ed (Urdu) course and deposited the requisite fees. The agitation of the petitioner is that respondents No.4 and 5, who are lower in merit have been granted admission in Urdu Course ignoring her claim. After notice, reply has been filed in which it is averred that as per the application form of the petitioner (Annexure P.4), she had selected college preferences, codified by the Department of Education, namely, 78141002, 79141001 and 68141001. A chart is reproduced in para 2 of the reply showing the name of the College against the aforesaid college code numbers. The said chart is reproduced for ready reference as under:-

Renu 2013.10.11 15:51 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No.17380 of 2013 -2-

Preference College Code Name of College Course No. running 1st Block Institute of Teacher D.Ed. Hindi 78141002 Education, Mewat 2nd 79141001 D.I.E.T. Mewat D.Ed. Hindi 3rd 68141001 D.I.E.T. Pali (Faridabad) D.Ed. Hindi It is argued by counsel for the respondents that the petitioner had knowingly applied for D.Ed Course (Hindi) whereas according to the application form of respondent No.4 - Rekha Rani and respondent No.5 - Deepika, attached as Annexures R.1 and R.2 with the reply, they had selected their college preferences as code Nos.78131001 which pertains to D.Ed Course (Urdu).
Needless to mention that there is only one college which is imparting education in Urdu Language in the State of Haryana, which is situated at Ferozepur Namak, District Mewat.
From the perusal of the record, I am of the considered opinion that since the petitioner herself had applied in D.Ed course (Hindi) by selecting the College, giving three preferences, cannot now turn around and claim admission in D.Ed Course (Urdu) alleging herself to be higher in merit than respondents No.4 and 5, who have been granted admission in D.Ed Course (Urdu) to which they have specifically applied as per the application forms, attached as Annexures R.1 and R.2 with the reply.
In view of the above, I do not find any merit in the present petition and the same is dismissed.
            October 08, 2013                                  ( RAKESH KUMAR JAIN )
            renu                                                      JUDGE


Renu
2013.10.11 15:51
I attest to the accuracy and
integrity of this document
Chandigarh