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2024 Supreme(Online)(P&H) 8649

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASKARANDEEP SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.02.2025 Jaskarandeep Singh ... Petitioner V/s State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. H.S. Batth, Advocate for the petitioner.

Mr. Saurav Khurana, Addl. Advocate General, Punjab for respondent Nos.1 to 3 and 5.

None for respondent Nos.4 and 6.

*****

SUMEET GOEL, J.

1. The civil writ petition in hand has been preferred under Articles 226/227 of the Constitution of India praying, in essence, for quashing of the order dated 05.06.2024 (Annexure P-11) passed by respondent No.5 – Principal, District Institute of Education & Training, Village Kairon, Tehsil Patti, District Tarn Taran, cancelling admission of the petitioner to the Diploma in Elementary Education (hereinafter referred to be as ‘course in question’) and consequences resulting therefrom.

2. Shorn of non-essential details, relevant factual matrix of the lis in hand reads thus:

(i) The petitioner had passed his 10+2 examination from Council for the Indian School Certificate Examination, New Delhi in the Academic Session 2021-2022 in the subjects English, Mathematics, Physics, Chemistry, Physical Education on 24.07.2022. Vide notification dated 29.08.2022 (hereinafter referred to as ‘29.08.2022 notification’) issued by the Government of Punjab, admissions to course in question were sought to be made for the Session 2022-2024. The relevant eligibility criteria therein reads thus:-

Minimum Educational Qualification:

A. Senior Secondary (10+2) Exam or Equivalent passed with minimum 50% marks for General Category and 45% marks for SC/ST Category. No candidate with Re-appear/Compartment/Result later etc. in qualifying examination shall be eligible to apply.

B. Candidates appearing in the 10+2 Exam can also apply subject to above conditions.”

xxx xxx xxx xxx xxx Merit Criteria:- xxx xxx xxx D.

To ensure high quality standards, any candidate who has not passed subjects English, Hindi, Punjabi, Science, Social Studies and Mathematics in Class X Examination shall not be eligible to apply for admission to D.El.Ed.

xxx xxx xxx xxx xxx (ii) The petitioner applied, as a general category candidate, in pursuance of the 29.08.2022 notification and was given admission to the course in question in Shaheed Bhagat Singh College of Education (hereinafter referred to as ‘College in question’). Thereafter, the petitioner appeared in the examination for Hindi as an additional paper in Class X and his result for the same came to be declared on 26.05.2023 wherein he was declared successful in having passed the said examination securing 81 marks out of total 100 marks.

(iii) The petitioner is stated to have attended the classes, as per the requisite norms, and was also deputed for training practice(s) for the first year w.e.f. 17.08.2023 to 20.09.2023. However, since the name of the petitioner did not figure in the list/programme for the students to be deputed for teaching practice(s) in the second year from 02.05.2024 to 25.10.2024, the petitioner filed the writ petition (CWP No.11941 of 2024 – Jaskarandeep Singh Vs. State of Punjab and others) before this Court, which came to be disposed off vide order dated 21.05.2024 directing respondent No.3 (therein) to decide the issue(s) raised by petitioner including the request made by the petitioner to send him for training.

(iv) In pursuance of the above referred to order dated 21.05.2024 passed by this Court, the Principal, District Institute of Education & Training Kairon, Tarn Taran passed the order dated 05.06.2024 (hereinafter referred to as ‘impugned order’), whereby the admission of the petitioner for the Session 2022-2024 was cancelled.

It is in the above factual backdrop that the present writ petition has been filed before this Court.

3. Learned counsel for the petitioner has argued that the 29.08.2022 notification stipulated the minimum qualification as 10+2 examination or equivalent passe

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