ASHWANI KUMAR BEDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ashwani Kumar Bedi after securing 77 per cent marks in the All India Secondary School examination from the Central Board of Secondary Education, in Mar. 1985, qualified in the Pre-University (Medical) and B.Sc. Part-I Medical examinations, from the Punjab University, Chandigarh, by securing about 81% and 73% marks respectively. He appeared in the competitive entrance examination for admission in M.B.B.S./B.D.S. course held in June, 1987 by the Punjabi University, Patiala, and in that examination secured 166 marks in the result declared on 10-7-1987. He was a good sportsman and had to his credit two State level 'C' grade certificates and three National level 'B' grade certificates. These certificates are annexed to the petition. When he applied for admission to M.B.B.S. course from the category of sports quota, he furnished all the certificates and information in the prescribed pro forma.

(2.) In spite of furnishing all the five certificates, the Selection Committee only took notice of Annexure- P7, one of the sports certificates, and on that basis he was not given admission. When this matter became known to the father of the candidate, on 20th Aug. 1987, vide Annexure- P10, he made representation and brought all facts to the pointed notice of the concerned authorities. The student himself filed representation dt. 03-09-1987, Annexure- P11, and again reiterated about his five sports certificates of the two categories and wanted that his case be considered on the basis of the five certificates. The representation made by the father was rejected, as intimated vide letter Annexure- P14 dt. 08-09-1987. By then the selection of the candidates had not been announced. Before the selection was announced, the candidate filed this writ petition on 14-09-1987 impleading the seven candidates as private respondents to the writ petition, out of whom only one had got 168 marks as against 166 marks of the petitioner, and all others had obtained marks ranging from 165.5 to 110, and were below him in the merit obtained in the Pre-entrance Medical Test (for short 'P.M.T.'), and were sought to be given admission under the Sports category by wrongly denying admission to him in that category. The list of the candidates for admission was issued after the filing of the writ, which did not include the name of the writ petitioner.

(3.) The stand of the official respondents is not clear because one is trying to place the burden on the other saying that he is not the answering respondent. Stand about the furnishing of all the five documents, regarding sports participation by the petitioner at the State and National levels and obtaining five certificates is not denied categorically. The petitioner has annexed all the five sports certificates and also the fact that he had brought it to the notice of the admission authorities repeatedly before selection of candidates was announced, as is noticed above. Therefore, at the time of hearing of the writ petition it was beyond the pale of controversy that the petitioner obtained 166 marks in the entrance examination and had five sports certificates two of State level 'C' grade and three of National level 'B' grade to his credit.