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Ramanjit Singh Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citation
SubjectConstitution
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Writ Petn. No. 14288 of 1990
Judge
Reported inAIR1991P& H284
ActsConstitution of Inida - Article 226
AppellantRamanjit Singh
RespondentState of Punjab and Others
Appellant Advocate R.S. Bajaj, Adv.
Respondent Advocate S.K. Sharma, Dy. Adv. General
Excerpt:
.....judge in a writ petition filed under article 226 of the constitution of india. in a writ application filed under articles 226 and 227 of constitution, if any order/judgment/decree is passed in exercise of jurisdiction under article 226, a writ appeal will lie. but, no writ appeal will lie against a judgment/order/decree passed by a single judge in exercising powers of superintendence under article 227 of the constitution. .....kesri' of jaland-. har, on 25th october, 1990, as all the colleges,, i.t.is. and polytechnics in district jalandhar had been closed till 27th october, 1990, under orders of the district magistrate jalandhar 28th october, 1990, being sunday, it came to the notice of the petitioner on 29th october, 1990, that despite postponement of the interviews as published in the newspaper, the interviews had already been conducted on the dates originally scheduled. the representay, tion made by the petitioner for being interviewed was not accepted. feeling aggrieved, the petitioner had invoked the writ jurisdiction of this court for grant of admission to the diploma course in the trade of electricianl at the time of motion hearing, the motion bench directed one seat to be kept unfilled.3. in the.....
Judgment:
ORDER

1. The petitioner appeared in the joint Entrance Test conducted by the Punjab School Education Board on 16th September, 1990, under a scheme prepared for admission to the Industrial Training Institutes throughout the State of Punjab, for the two-year Diploma Course. The petitioner opted for the Electrician Trade under Cate-gory-I, Set No. 3. He being a grandson of a freedom fighter, claimed admission against a seat falling in the quota reserved for children of freedom fighters.

2. According to the merit list of the test, the name of the petitioner was shown at number 1 in the reserve category meant for children of freedom fighters. However, due to the disturbed conditions, prevailing in the State, interviews fixed for 26th and 27th of October, 1990, had to be postponed and. intimation to that effect was published in the daily newspaper 'Punjab Kesri' of Jaland-. har, on 25th October, 1990, as all the colleges,, I.T.Is. and Polytechnics in District Jalandhar had been closed till 27th October, 1990, under orders of the District Magistrate Jalandhar 28th October, 1990, being Sunday, it came to the notice of the petitioner on 29th October, 1990, that despite postponement of the interviews as published in the newspaper, the interviews had already been conducted on the dates originally scheduled. The representay, tion made by the petitioner for being interviewed was not accepted. Feeling aggrieved, the petitioner had invoked the writ jurisdiction of this Court for grant of admission to the Diploma Course in the trade of Electricianl At the time of motion hearing, the Motion Bench directed one seat to be kept unfilled.

3. In the written statement filed by the Additional Director (Industrial Training), Department of Industrial Training, Punjab, though the factual position has broadly been admitted in other paras, but quite surprisingly in reply to para No. 9 of the writ petition, there is neither any admission nor any denial of the assertions made in the writ petition to the effect, that 'However, in the local newspaper of Jalandhar 'Punjab Kesri' dated 25-10-90, a news item appeared to the effect that all colleges, I.T.Is. and Polytechnics in District Jalandhar have been ordered to be closed till 27-10-1990 by the District Magistrate, Jalandhar.'

4. After hearing the learned counsel for the parties, I find that the petitioner, who is otherwise an eligible and qualified candidate for admission to the Diploma Course, and belongs to the category of freedom fighter's children, and his name being placed in the merit list at number one, has been deprived of the admission, only due to lack of communication and complete misunderstanding of the situation.

5. I, therefore, allow this writ petition and direct the respondents to grant admission to the petitioner to the Diploma Course in the Electrician Trade. In view of the fact that duration of the Course is two years, out of which hardly five months have expired, and one seat has already been kept unfilled under orders of this Court, admission shall be granted to the petitioner forthwith. There shall be no order as to costs.

6. Petition allowed.


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