KEVIN C.C. WONG Vs. THE DELHI UNIVERSITY

JUDGEMENT

(1.) The appellant is aggrieved by the decision of the learned Single Judge rejecting his writ petition; he challenged as unfair and arbitrary the selection and admission of the second respondent in the undergraduation programs of the Delhi University [hereafter referred to as "the University" the first respondent in these proceedings].

(2.) The facts are few and not disputed. The appellant is a sportsman proficient in badminton. He competed for admission in the Sports Quota set up for sportspersons for admission to Delhi University colleges. The appellant was awarded 79 marks including evaluation of past performance (29/40 marks) and current performance (50/60 marks). The appellant complained that the second respondent was issued a certificate by the School Games Federation of India declaring his position to be the first whereas in reality he did not play the relevant match and was an extra though he was part of the team. It was contended before the learned Single Judge that in the lone contest, the second respondent was awarded 48/60 marks and that consequently his selection was arbitrary and unfair. Initially the writ petition was premised upon award of 32 marks to the second respondent and award of 29 marks to him.

(3.) The position taken by the respondents was that the procedure adopted for selection was transparent. The University contended that for past performance it went by the certificate issued by the concerned games or sports federations in that the weightage given could not be questioned as it was not the primary evaluating agency. The second respondent contends that though he was not an active participant, nevertheless he was part of a team that won the concerned match and championship and, therefore, was awarded the certificate. In these circumstances, the award of 32/40 marks could not be faulted.