Punjab-Haryana High Court
***** vs State Of Haryana And Others on 28 October, 2013
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CWP No.17209 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.17209 of 2013
Date of Decision:28.10.2013
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Neha
. . . . Petitioner
Versus
State of Haryana and others
. . . . Respondents
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CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
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Present: - Mr.Shrey Goel, Advocate,
for the petitioner.
Mr.Saurabh Mohunta, DAG, Haryana.
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RAKESH KUMAR JAIN, J.
The petitioner passed her secondary school examination in the year 2013 from the Board of School Education Haryana with 7.80 GPA. She is physically handicapped to the extent of 75% and a resident of District Karnal. The respondents invited applications for admission in D.Ed. (Diploma in Education) course for the year 2013 on 20.6.2013 stating therein that 20% seats are reserved for SC category, 27% for Backward Classes, 10% for Special Backward Classes, 10% for Economically Backward Persons in General Class and 3% for Physically Challenged Persons. Out of 3% quota of Physically Challenged Persons, 1.5% quota was for the Blind and 1.5% for Locomotive Disabled Persons. The petitioner submitted CWP No.17209 of 2013 -2- her application on 2.8.2013. She was considered in General (Girl) category and was asked to report to the institute i.e. Sardar Chanan Singh Ghuman Memorial College of Education, Shabhabad, District Kurukshetra vide order dated 3.8.2013. The petitioner submitted a detailed representation alleging that she had applied for admission in Physically Handicapped quota but she has been allotted seat at Shahabad which is 70 kms away from her residence. It is alleged that no reply has been filed to her representation. The petitioner has thus challenged order dated 3.8.2013 and has prayed for grant of admission under Physically Handicapped quota in the college as per her entitlement.
After notice, reply has been filed by respondent No.2 in which it is alleged that the petitioner had applied for D.Ed. (Hindi) course claiming her to be in the Physically Handicapped- Locomotive Disability reserved category, having passed 10+2 examination with 74.60% marks in Arts Stream. She secured State rank/Merit No.11623, stream wise Merit No. (Arts) 8876 and category wise merit No.(Physically Handicapped) 4453 on the basis of marks obtained in her 10+2 examination. There are 19080 total seats for D.Ed. (Hindi) Course in total 341 institutions including Government Institutions and Self Financing College all over Haryana State where only 3% reservation provided for Physically Handicapped category out of which 1.5% has been given to low vision or no vision and 1.5% to Locomotive Disability category as laid down in the prospectus for the year 2013-14. According to the breakup, seats allotted to PH (Blind) are 76 and similar numbers of CWP No.17209 of 2013 -3- seats have been allotted to PH (Locomotive Disability). Since 341 colleges/institutions are running D.Ed. course in Haryana and total 152 seats for PH category are available, therefore, seat for PH category to BL/LD has been provided according to roster in selected colleges in Haryana. It is also stated that 33% horizontal reservation in all categories has been provided to girls candidates. The representation dated 5.8.2013 of the petitioner was considered and the petitioner was told that admission has been made on merit and since she belongs to PH(LD) having 74.60% marks and bearing Merit No.8876 in Arts Stream was first considered in open (General) category then in Physical Handicapped (LD) category on the basis of merit against available vacant seats in Art Stream. A table has been produced in para 5 of the reply in which college code number, District in which college is situated and roster number of seat allotted to PH category BL and LD has been mentioned with reference to marks obtained in 10+2 examination. It is also stated that the petitioner belongs to Locomotive Disability (LD) in Arts stream and the roster for that stream is available in college code No.76441012 in District Kurukshetra but the same has been filled with high merit. In the Ist round of counseling held on 5.7.2013 to 22.7.2013, the petitioner could not find place in merit list of candidates selected in open (General) category in Arts stream and in the IInd round of counseling held from 29.7.2013 to 30.7.2013, the petitioner has been allotted on merit college code No.76441010 in District Kurukshetra according to her first preference filled in CWP No.17209 of 2013 -4- her online application form. Thus, no error has been committed by the respondents.
Learned counsel for the petitioner has submitted that being a resident of Karnal and Physically Handicapped (LD), the petitioner finds difficult to travel everyday to Shahbad which is 70 Kms away from her residence and has prayed that she may be adjusted in a college in District Karnal.
Learned counsel for the respondents has submitted that as per the table provided in para 5 of the reply, petitioner is given admission in PH(LD) as per the college code which is only available in District Kurukshetra and not in District Karnal.
After hearing learned counsel for the parties and examining the record, I am of the considered opinion that there is no error committed by the respondents in granting admission to the petitioner in D.Ed (Hindi) course in District Kurukshetra as the admission has been given on the basis of her entitlement/roster considering the marks obtained by her in 10+2 examination.
In view of the above, I do not find any merit in the present writ petition and the same is thus, hereby dismissed.
(RAKESH KUMAR JAIN) 28.10.2013 JUDGE Vivek Pahwa Vivek 2013.10.29 14:59 I attest to the accuracy and integrity of this document