RAHUL GUPTA Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) Rahul Gupta through present petition filed by him under Articles 226/227 of the Constitution of India, seeks writ in the nature of mandamus directing the respondents to prepare the merit list of the candidates to be admitted in the sports category against 5% seats reserved for outstanding sportsmen for the M.B.A. programme of the respondent-University on the basis of the their achievements in sports and as per guidelines issued by the University itself. The relief indicated above rests on the following facts.

(2.) Petitioner has a brilliant academic record. He passed his Matriculation examination securing 87% marks in 1987. Thereafter, he did his 10+2 examination from D.A.V. College, Chandigarh in Science group (non-medical) securing 90% marks in 1989. Thereafter, he appeared in the Combined Entrance Test conducted by the respondent-University for the purpose of competing for admission to the Panjab Engineering College, Chandigarh. He was admitted to B.E. (Electronics & Electrical Communication) course in the year 1989 on the basis of merit in the Combined Entrance Test in general category. He successfully completed B.E. (Electronics & Electrical Communication) in June, 1993. It is pleaded that it is not only that petitioner is outstanding in his studies but has taken keen interest in sports as well. He plays the games of Hand Ball and Tennis. He represented the college team in the game of Tennis and was awarded the College Colours from the Panjab Engineering College, Chandigarh. He also participated in numerous National level championships in the game of Hand Ball. He participated in the 16th Senior National Hand Ball Championship held from 10.10.1987 to 18.10.1987. Thereafter, he also participated in the 16th Senior National Hand Ball Championship held from 21.12.1988 to 28.12.1988 at Rajasthan. He also participated in the 3rd North Zone Hand Ball Championship held from 6.2.1991 to 9.2.1991 in Himachal Pradesh. The Panjab University runs two years M.B.A. Programme at Chandigarh. An advertisement was issued in December, 1992 inviting applications for the purpose of competing in the Entrance Test for being considered for admission in the MBA course for the Session 1993-94. Bulletin for general information was also published which required all applicants to appear in the written test to be held at various centres all over India, every year. Selected candidates, who were to qualify the written test, were to be called for interview and group discussion at Chandigarh. The bulletin aforesaid also contained reservation for various seats. The relevant portion of the same reads thus :-

(3.) Learned counsel for the petitioner contends that as per the instructions issued by the respondent-University, Annexure P-5, the admission in sports category has to be made on the basis of achievement in the sports and inasmuch as petitioner has the highest achievement in the sports amongst the candidates belonging to that category, the action of respondents in denying admission to him is arbitrary.