MANINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition, to my mind, is the classic example of what a Government can create with one hand and demolish with the other. With a view to "encourage the sports talent" in matters of admission to medical/technical institutions in the State, it took a policy- decision on 11th Jan., 1962 (Copy Annexure P 1) and the relevant parts of the same read as follows : -

(2.) After careful consideration. Government have decided in regard to (i) above that 2 per cent of the seats in technical/medical institutions in the State should be reserved for outstanding sportsmen provided that they possess the minimum educational qualifications prescribed for admission to such institutions.............. In so far as the question of judging whether a person is a sportsman of requisite standards for the concessions referred to above, it has been decided that the sportsmen should be graded as follows :

(3.) As is manifest from the reproduction of the relevant parts of the two policy-decisions (Annexures P1 and P3) of the Government, the sole purpose of making reservations in favour of the sportsmen/sportswomen is to encourage the sports talent. It is again not disputed that out of the five petitioners, two namely Maninder Kaur and Damanjit Kaleke at Sl. Nos. 1 and 4, respectively, have secured A-Grade certificates and the remaining three are possessed of B-Grade certificates. It is again that admitted position that the merit list which has been prepared by the respondent-authorities in the light of Annexure P-3 does not include any of the petitioners and rather out of the candidates who are likely to be admitted, two are possessed of D-Grade certificates, another two have C-Grade certificates and the remaining three out of seven have B-Grade certificates. In a nutshell, none of the Candidates possessing A-Grade certificate is likely to be admitted on the basis of this formula. The admissions to these reserved seats have not been finalised in view of the following order of the Motion Bench dated 17th Oct., 1984:-