GURLEEN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Hearing this petition, has been an experience of sorts. Sentiments and emotions were on a high. We were under an international scanner. Letters were addressed to the members of the bench individually, as well as, collectively. A lot of these letters came from overseas. Some of the communications were addressed to the Chief Justice of this Court, and were forwarded to us for our consideration. The media covered the hearings from day to day, and in doing so, reported the issues canvassed, as it perceived them. The issue under the scanner was an aspect of a religious belief i.e. whether maintaining hair unshorn is an essential/important tenet of the Sikh religion. Based on media projections, individual sentimentalities were aroused. Depending on what was reported, reaction of readers, who thronged the court, varied from day to day. Intellectuals, Sikh scholars, and preachers of the Sikh religion, attended court proceeding, to have a first hand account of what was going on. While not agreeing with what one or the other side was canvassing, repeated requests were made by those attending the proceedings, that they too should be given an opportunity of hearing.

(2.) RELIGION is an issue which moderates or non-believers do not understand fully. Although, I am proud to be born in a Sikh family, I must confess my ignorance to the finer ramifications of the Sikh religion. For one of us, it was a first-time experience into the customs and usages of the Sikh religion. In order to ensure that we had been sufficiently informed about the issue being canvassed, we breached the unwritten norms. We read all the mail received by us, hoping to know and learn more about the controversy. We also heard those who regularly attended hearings of the case, and were emphatic that they had a point of view which should be taken into consideration. The analysis of the controversy at our hands may not be an amalgam of the thoughts projected, but all that was read and heard, must most necessarily have influenced our thoughts. We have, therefore, recorded all the submissions made during the course of hearing. We have recorded our reasons for not taking into consideration some of the submissions made during the course of hearing. We have not incorporated in our order/judgement the names of individuals whom we allowed a hearing, except those who moved express applications and were allowed to intervene. Some of those heard by us entertained diagonally opposite views, from what others had to say. We have tried to reproduce the views of those who appeared before us exactly as we understood them. But then religion is a sensitive issue, a word here and there, may make all the difference. We hope that those whose views have been extracted herein, will find them to their satisfaction. We also wish to place on record our appreciation of the assistance rendered to us, by all the learned counsel, as also, the participation and interest shown by the interveners and others. Our gratitude for the effort put in by Mr. Anupam Gupta, Senior Standing Counsel for the U.T., Chandigarh, however, needs a special mention. He must have had to first understand the tenets of the Sikh religion, and then, to painstakingly convey them to us; despite the fact that he did not represent either of the contesting parties, and has nothing to do with the Sikh religion. He undoubtedly made our enormous task easier, than what it otherwise would have been.

(3.) IN so far as, eligibility for the seats reserved for the Sikh minority community is concerned, the same was delineated in Part-B of the prospectus. Since the eligibility of the petitioners, under the Sikh minority community quota is the primary issue, arising for adjudication in the instant writ petition, the eligibility criterion depicted in the prospectus is being extracted hereunder :- "Eligibility and qualification to appear in the entrance test. The test will be open to a candidate who - (i) is resident of India and belongs to Sikh Community; (ii) has completed, or shall be completing, by 31.12.2008 the age of 17 years; (iii) has passed in the subjects of Physics, Chemistry, Biology and English individually and has obtained a minimum of 50% marks taken together in Physics, Chemistry & Biology at Senior Secondary Part II Examination(class 12 of 10+2 stream), or an equivalent examination from the recognized statutory Board/ University. (The candidate should have passed this examination in the annual examination held in March/April 2008 or earlier. Those who are placed in compartment in the annual examination 2008 or who are already in compartment and fail to clear the same in the annual examination 2008 shall not be eligible). Notes : (1) A candidate will be considered Sikh/belonging to Sikh Community if he practices the Sikh faith, and maintains Sikh appearance, i.e. he/she does not cut or trim hair and wears turban(in case of male candidates) and has the word "Singh/Kaur" with his/her name, has faith in the Ten Sikh Gurus and Sri Guru Granth Sahib only, and does not owe allegiance to any other sect or religion. (2) A male Sikh candidate who does not presently bear the suffix "Singh" and a female Sikh candidate the word "Kaur" with his/her name, may get it added legally(that is through an affidavit plus notice in a newspaper regarding change of name) before submission of his/her application by the last date. (3) Such a candidate can also appear in the Entrance Examination who has appeared in the qualifying examination in the annual examination held in March/April 2008, but his result is awaited. However, his candidature will be considered only if he passes the qualifying examination in the subjects of Physics, Chemistry, Biology and English individually and obtains a minimum of 50% marks taken together in Physics, Chemistry & Biology as mentioned in clause(iii) above, before the date of first counselling." Note (1) extracted hereinabove, is pointedly the subject matter of consideration in the present case.