Dalbir Singh vs Darshan Kaur

Sat Pal, J.

This petition has been filed on behalf of the petitioner Dalbir Kaur under Sections 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) and it has been alleged in the petition that the respondents have not complied with the judgment dated September 24, 1997, passed by the Division Bench of this Court in C.W.P. No. 6218 of 1997, copy of which has been annexed as Annexure P2 with this petition. The operative portion from the judgment is reproduced hereinbelow :

"In view of the submission, writ petition is disposed of by directing the respondents to consider the petitioners'' claim for admission in the light of the Full Bench decision referred to above if the petitioners are otherwise entitled to."

The Full Bench decision referred to above is in C.W.P. No. 4490 of 1997 Swaranjit Singh and another v. State of Punjab and another, decided on September 4, 1997. In this case, the question raised before the Full Bench was whether the respondents were justified in admitting 54 girls to the Course when their quota was only 50 and whether the respondents could justifiably transfer to the female the reserved seat against which male candidates were not available. The answer to both the questions was given in the negative. The Full Bench held that the admission granted to the four female students be set aside and the respondents be directed to admit 4 boys from the waiting list of the general category. Keeping in view the fact that the course had started in March/April, 1997, and the examination for the First Semester was in July 1997, in which the girl students had appeared, the Full Bench declined to set aside the admission of the said four girls. The respondents were directed to grant admission to the two petitioners in that case by creating extra seats.

In the present case, there were 50 seats for the boys and 50 seats for the girls but 51 boys were admitted against the quota of boys and 49 girls were admitted though there were 50 seats meant for the girls. Since according to the petitioner, the respondents did not admit the petitioner against 50th seat and rejected the representation filed by the petitioner, the present petition has been filed by the petitioner under the provisions of the Contempt of Courts Act, 1971.

Mr. Chopra, learned counsel appearing on behalf of the petitioner submitted that in view of the judgment of the Full Bench, in terms of which the writ petition filed by the petitioner was disposed of, the petitioner, who is a girl student should be admitted even if the respondents have to create a new seat for the petitioner.

On a query from the Court, Mr. Chopra admitted that the petitioner was not at No. 1 on the waiting list of the girls who appeared for admission to examination. In terms of the judgment of the Full Bench in the case of Saranjit Singh (supra), the girl who is at serial No. 1 on the waiting list of the girls was entitled to be admitted by the respondents even if the meant creating an extra seat. Since the petitioner admittedly was not at serial No. 1 of the waiting list, she is not entitled to be admitted by creating an extra seat.

For the reasons recorded above, I do not find any merit in this petition and the same is dismissed.