HARSMEEP SINGH KANG Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) Harsmeep Singh Kang, aggrieved of having been held ineligible and thus not even in the zone of consideration qua admission in Bachelor of Engineering, Department of Chemical Engineering and Technology against the reserve quota of 5% seats on the basis of achievements in the sports has filed present writ petition under Articles 226/227 of the Constitution of India seeking a command on respondents to admit him to the course after holding that he is eligible to be considered in the reserve quota of sports category.

(2.) The facts of the case reveal that petitioner had appeared in the test known as 'Combined Entrance Test' for admission to the Engineering College in the State including the Department of Chemical Engineering and Technology, Punjab University, Chandigarh. He secured 53.5 marks and had qualified for admission to the Department of Chemical Engineering and Technology as the said department had fixed 36 marks as qualifying for admission to the course. Petitioner claims that he is well known cricketer of Punjab State. He represented the Punjab State Cricket team in the junior category for Vijay Merchant Tropy (under 16 years) for the year 1991 and his team won the National Championship held at Cuttack. The prospectus, which besides other things, provide rules for admission, have a list of various categories of sports according to which admissions under the reserved categories of sports, are regulated. The case of petitioner is that he is in category 7 as the team in which he participated, won the National Championship and, therefore, he was not only amongst three first positions but in fact in the first position itself. The relevant category i.e. 7 reads as follows :- "7. A person getting any of the first three positions in the National Championship for juniors." On the basis of his category in sports, petitioner was issued interview letter, copy whereof is Annexure P-2. He went to the department of Chemical Engineering and Technology and a list of eligible candidates in the sports category was displayed on the notice board and his name was mentioned at No. 2. Even the category in which he was placed, was mentioned against his name as B-7-I. As, all those who compete in the reserved category meant for sports persons have to appear for a trial, petitioner proceeded to the sports ground to take the trial but to his shock and disappointment, the Deputy Director, Physical Education, Punjab University refused to give him trial on the ground that he was not eligible for consideration in the sports category. Even though petitioner did his best by pleading with the Deputy Director, Physical Education that he was eligible and had even shown him gradation certificate which had declared him B grade sportsman which was issued by the Director of Sports, Punjab, Chandigarh as also the letter issued by Honorary Secretary, Punjab Cricket Association, which in term mentions that petitioner was a member of Punjab State (under 16 years) Cricket team which participated in the Vijay Merchant Trophy for the year 1991 and that the Punjab team won the trophy as also the Vijay Merchant Trophy is Junior tournament and not sub-junior, matter did not proceed any further as the Deputy Director still thought him ineligible for consideration. The cricket Coach, who was present at the trial venue, also pleaded the case of petitioner but the Deputy Director of sports still did not give the trial to petitioner. Constrained, petitioner submitted a representation to the Vice Chancellor, Punjab University, with a copy to the Chairman, Department of Chemical Engineering and Technology but he was not conveyed any decision. The interview for the sports seats was to be held on 7/08/1992 at 9 AM but since petitioner was not given trial by the Deputy Director, Sports, and thus could not be admitted. Finding no solace from any where he has filed the present writ petition. The action of respondents in not admitting the petitioner to the course is stated to be arbitrary and violative of Article 14 of the Constitution of India.

(3.) The cause of petitioner has been opposed and in the written statement filed on behalf of respondent University through Shri B. L. Gupta, Registrar, Punjab University, it is pleaded that the prevailing practice in respect of National Tournaments organised by various National Federations for different age groups, the National Championship wasnormally organised for age group of 16 years. (Emphasis supplied). Any competition conducted for age group below the age of 16 years is termed as sub junior. Under 16 years group in which petitioner participated would be termed as sub junior championship and not a junior championship. In accordance with the Rules and Regulation applicable inthat behalf, a candidate to qualify admission under the reserved category does Sportsman has to have participated in a championship for juniors and under 16 years category does not include the junior Championship. (Emphasis supplied). According to the cycling Federation of India, any tournament organised for the age group of under 16 years is termed as sub juniors. The Association of Indian Universities (Sports Wing) is also affiliated to the various National Federations. Indian Universities are affiliated with the Association of India Universities. The directions/instructions regarding the sports competition issue by the Association of India Universities are binding on the Universities affiliated thereto. (Emphasis supplied). The Association of India Universities feeds its junior terms in the age group of under 18 selected from various Universities for participation in the National Championship. It is further pleaded that the respondent-University has throughout been recognizing only "under 18" as juniors for the purpose of clause 7 of the category 'B' of Annexure 1 of grading for sports persons consistently without any deviation right from the inception of the reservation of seats for sports persons. It is further pleaded that in any case the grading by the Punjab Government under 16 to be juniors and under 13 to be sub-juniors has no bearing on the grading allowed by the Punjab University as the grading for the purpose has to be seen with reference to the Institution/University to which admission is sought and respondent-University had never followed the pattern of the Punjab Government in so far as the grading of the categories of juniors and sub-juniors are concerned and on the contrary it had always been adopting its own pattern. It is further pleaded that even otherwise this grading varies from one sports Federation to another, there being as many sports Federations in India as there being sports. Besides this, the grading also differs from University to University and sometimes institution to institution with reference to the age group inasmuch as sub-junior category in some federations and in some Universities is comprised of under 16 and in some others of under 13, while under 18 is largely classified as junior category by most of the Sports Federations. It is pleaded that the respondent University produce in court the Sports documents, necessary. (Emphasis supplied). In so far as assertion of petitioner that he was considered eligible and for that precise reason his name was displayed on the notice board and that he was asked to take trial in the sports is concerned, it is pleaded by the respondent-University that in accordance with the procedure adopted by the Sports Department of the respondent-University, a preliminary screening of the forms is conducted at the office level on the basis of the photo copies of sports certificates submitted by the candidates at the time of seeking admission. It is further pleaded that even the marginal cases are also invited for trials in order to verify the original certificates so as to consider the claim for admission as also to hold further enquiries regarding the documents submitted by the candidates. The grading for the purposes of admission is recorded by the Committee constituted to hold the trials and, therefore, the claim of petitioner that he was finally graded by the Sports Department and was invited to hold the trial, is wholly misconceived. It is stated that he was only invited to appear before the Committee so that all the documents submitted by him at the time of submission of admission form, could be verified and enquires could be made regarding his participation in the said tournament. So far as other facts, that have been pleaded in the petition, are concerned, there is no controversy between the parties,