CHETNA KARNANI Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner has cleared her 10+2 Examination (Class XII) under the Central Board of Secondary Education and secured an aggregate of 72.25% marks in the stream of Commerce and Mathematics. She is desirous of pursuing higher studies and aspiring to get admission in a College under University of Delhi in English (Hons.)/B.Com. Courses. It is matter of common knowledge that now-a-days with 72.25% marks, it is difficult to secure admission, particularly, in any of the four colleges in which she applied for admission, viz., Kirori Mal College (Respondent No.3), I.P. College for Women (Respondent No.4), Gargi College (Respondent No.5) and Maitreyi College (Respondent No.6). However, there is a separate channel for admission for those students who are sports persons inasmuch as University of Delhi provides Sports Quota as well. Therefore, an outstanding sportsperson can secure admission if he/she is able to qualify therefor as per the guidelines/criteria for admission to various Undergraduate/Post Graduate courses on the basis of sports.

(2.) Vide communication dated 29.5.2010, the University circulated, for compliance, "Revised Guidelines for Admission to various UnderGraduate & Post-Graduate courses of the University on the basis of Sports". These guidelines are formulated with the objective of giving admission under Sports Quota (a) to encourage mass participation of students in Sports activities and general body fitness, for which colleges may organize indoor games like Yoga, Aerobic classes, games of Mass performance and inter-class competitions and (b) building team for various sports recognized by the IOA. As per these guidelines, system of points which had to be secured by an aspiring student has been devised. These points are divided into two categories, i.e., the students earlier represented at various level in a particular sports and certificate received at such level and the number of points awarded in Sports trial held by the University of Delhi. The points secured in both the categories are added and on that basis Merit List is prepared of such sports persons for their admission under the Sports Quota. However, this criteria is revised in this year. Vide communication dated 18.5.2012, the criteria for sports admission now provides as under:

(3.) The petitioner has no quarrel with prescription of marks as per Part A and C above. However, she feels aggrieved by the Fitness Test, that is provided in Para B. The case of the petitioner is that she is a Chess player and this game does not involve any physical strain or activity. According to her, there is no rationale for holding such a fitness test for game like Chess which does not require strict standard of body fitness. She submits that she is otherwise physically fit and healthy. However, being little obese, she is unable to meet the strict and high standard required to pass fitness test.