PUNEET KALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Puneet Kalia, a resident of Chandigarh, who has passed 10 + 2 class from D.A.V. College, Chandigarh, in 1998, approached the Director of Sports Department, Punjab (second respondent) with a request to countersign the sports gradation certificate (annexure P-1 dated 19.6.1998) issued to him by the Director of Sports, U.T. Chandigarh (third respondent). The petitioner required the same for admission to the B.E. Course of the Punjab Technical University, Jalandhar (fourth respondent) from out of the seats reserved for the sports category persons. Copy of the said letter of request addressed by the petitioner is annexure P-2 dated 24.6.1998. The second respondent declined the request of the petitioner by his letter dated 29.6.1998 (copy of which is annexure R-2) which reads as follows:

(2.) Therefore, the petitioner has approached this Court under Articles 226/227 of the Constitution of India for the issuance of a writ of certiorari quashing the action of the second respondent in not countersigning the sports gradation certificate, for directing the second respondent to countersign the same, and to direct the respondents to consider his candidature for admission to the B.E. Course under the sports quota. The petitioner has alleged in paragraph-7 of the writ petition that his father is a Government of India employee working as Accounts Officer in the office of the Accountant General, Punjab at Chandigarh and his mother is employed in the Punjab & Haryana High Court.

(3.) The petitioner has alleged that during the 10 + 2 course and even prior thereto, he was interested in sports and participated in Fencing Championship conducted in Chandigarh as well as in the National Junior Championship. He has also alleged that he secured third position in the individual event in the Junior Fencing Championship and represented D.A.V. College, Chandigarh. According to the petitioner, he also participated in the National Junior Fencing Championship-1997 held at New Delhi and represented Chandigarh. The petitioner has urged that the Director of Sports, Chandigarh has issued the sports gradation certificate (annexure P-1 dated 19.6.1998). According to the petitioner, Punjab Government has reserved certain seats in various institutions for the sports category persons and in order to get admission under the sports category quota, he has to submit the sports gradation certificate duly countersigned by the Director of Sports, Punjab. The petitioner claims that he submitted an application on 24.6.1998 to the Director of Sports, Punjab requesting him to countersign the sports gradation certificate, but, was informed that his certificate will not be countersigned since according to the new policy dated 10.12.1997, the certificate could not be countersigned as the petitioner has not competed the Junior National Championship as the nominee of the State of Punjab. The petitioner has urged that the Punjab Government had issued a policy on 4.8.1992 as per which the sports person is entitled to get sports gradation certificate countersigned by the Director of Sports, Punjab as there was no such condition as in the present policy dated 10.12.1997. According to the petitioner, the provision in the policy dated 10.12.1997 as mentioned above is against the provisions of the Constitution of India. The petitioner contends that the action of the respondents 1 and 2 in not countersigning the sports gradation certificate is illegal and unconstitutional.