SAHIBA CHADHA Vs. UNION TERRITORY

JUDGEMENT

(1.) IN brief facts relevant for the disposal of this writ petition are that petitioner Sahiba Chadha was born in Chandigarh on 8th of January, 1977 and did her schooling at Chandigarh right from K.G. to Class 10. She passed her matriculation examination from Sacred Heart High School, Chandigarh in the year 1992. As the petitioner was Tennis Player of exceptional merit, she was selected for one year coaching by the renowned Britannia Amritraj Tennis Academy, Madras (hereinafter referred to as 'BAT') in the year 1993. The petitioner was the only candidate from Chandigarh for getting specialised coaching in the 'BAT'. During the training the petitioner stayed at Madras and she did her 10 + 1 examination from Madras. After completion of her one year coaching at 'BAT' the petitioner was sent back to Chandigarh and she joined 10 + 2 classes in M.C.M. DAV College, Chandigarh. She passed 10 + 2 examination held in the year 1994 conducted by Central Board of Secondary Education, Delhi by securing 70 percent marks. Thereafter the petitioner appeared in Common Entrance Test conducted by the Guru Nanak Dev University, Amritsar for getting admission in Engineering and secured 117.25 marks. She was given rank 2939 in the said test.

(2.) THE petitioner claims admission to the First Year of B.E. Course Session 1994 -95 in Engineering College on the basis of her exceptional merit in Tennis out of the 2 percent quota of seats reserved for sports persons. According to the affidavit Annexure P -5 submitted by the father and natural guardian of the petitioner, the petitioner represented Indian Tennis Team in South Asian Federation Games held in Sri Lanka and obtained Gold Medal. Besides she was runner up in Asian Junior Championship held at Jaipur in March, 1992. She also participated in World Youth Cup held at Spain, Philippines and Thailand in the years 1991, 1992 and 1993 respectively. Thus the petitioner has mainly claimed admission to Bachelor of Engineering in the 1st Year course out of 2 percent seats reserved for the sports persons.

(3.) RESPONDENT No. 3 in his short reply has stated that in accordance with the criteria and guidelines in the case of the petitioner only those candidates are to be considered for admission to the course in question against the seats reserved for sports persons who have passed their qualifying examination from a School/College recognised by the Chandigarh Administration and situated in the Union Territory Chandigarh as regular students of the said School/College subject to the condition that such candidate must have studied for two years at Chandigarh and have passed one lower qualifying examination from these schools/colleges, and that the petitioner has not passed her 10 + 1 examination as a regular student from a school or college recognised by Chandigarh Administration and situated in Union Territory, Chandigarh and she was not entitled to be considered for admission in the said course against the seats reserved for sports persons as per policy framed by the Chandigarh Administration dated 7th May, 1993.