JAGROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Jagroop Singh son of Dr. Su -jan Singh, has filed the present writ petition against the State of Punjab, Baba Farid University and private respondents under Articles 226/227 of the Constitution of India and a prayer has been made by the petitioner for setting aside the action of respondent No, 2, Director, Department of Sports, revising the Sports Gradation Certificate dated 7.8.2000 in place of earlier issued Sports Gradation Certificate dated 10.3.2000 whereby one of the events of participation of the petitioner has been deleted from consideration. The petitioner has further made a prayer that directions be issued to respondent No. 2 to issue a revised Sports Gradation Certificate and the selection of respondent No. 4 Ms. Jasmin Brar, to MBBS course against the sports category, be quashed and set aside. It was also prayed by the petitioner that a writ in the nature of certiorari be issued quashing the eligibility condition 5 sub - clause 2 relating to sports category for Punjab Medical Entrance Test and admission to MBBS, BDS, BAMS courses and further the instructions dated 10.12.1997 be set aside and the selection of respondents No. 4 to 6 against sports category be quashed. Yet another prayer was made by the petitioner that writ in the nature of mandamus be issued against the respondents and by evaluating the merits of the petitioner directions be given to the respondents to admit the petitioner to the , course of MBBS in the sports category.

(2.) The case set up by the petitioner is that he is aggrieved against the unilateral modification of Sports Gradation Certificate whereby the one of the sports achievements i.e. Silver Medal in 44th National School Games 1998 -99 held at Jalandhar had been deleted by respondent No. 2 from consideration and mentioned in the revised Sports Gradation Certificate and also by the criteria adopted by the respondent -State in making the selection of the candidates for admission to the MDBS and other allied courses. As per the petitioner, the Government of Punjab issued notification dated 20.4.2000 for holding selection of candidates for admission to MBBS/BDS/BAMS (Ayur -vedacharya) courses for the Session 2000. For determining the Sports Grading of candidates who Seek admission against the Sports Quota, the respondent has issued instructions dated 10.12.1997. According to the petitioner, he is an outstanding sportsman to the discipline of fencing. On the basis of his sports achievement, the petitioner was awarded "B" Grade Sports Gradation Certificate by respondent No. 2 on 10.3.2000 by considering two of his sports achievements. The silver medal was won by the petitioner in the 44th National School Games 1998 -99 held at Jalandhar is which 15 teams participated. The petitioner applied for taking the test against the sports quota on the basis of Sports Gradation Certificate dated 10.3.2000 (Annexure P -3). He obtained 419 marks out of 800 marks in the PMET. Respondent No. 4 secured 286 marks, respondent No. 5 secured 443 marks and respondent No. 6 secured 221 marks. Three seats were reserved against the sports quota. The name of the petitioner in the list initially displayed appeared at serial No. 4. Candidate at serial No. 1 opted for dental course. The petitioner was sure to get admission to MBBS course. Later on, the petitioner came to know that the merit of the sports category candidates was to be freshly prepared by respondent No. 2 solely on the basis of sports achievements irrespective of inter se merit.

(3.) On 7.8.2000, the petitioner and other candidates were called by respondent No. 2 to his office along with original sports achievement certificates and the respective gradation certificates. The petitioner was stunned to receive a revised Sports Gradation Certificate issued by respondent No. 2 on. 7.8.2000 whereby the relevant sports achievement of the petitioner i.e. Silver Medal in 44th National School Games 1998/99 held at Jalandhar was deleted.