HARKAMAL KAUR SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner made an application for appearing in Pre-Medical test conducted by Guru Nanak Dev University, Amritsar, in the month of June, 1989. According to her, she in advertently omitted to mention in the prescribed application form that she was seeking admission as a Sports-person. In the merit list of the aforesaid Pre Medical test, she stood at No. 606. She had attached the sports gradation certificate issued by the Directorate of Sports, Punjab, Chandigarh, in which she was given Grade 'B' as per rules of the Sports Department of Punjab Government with her application. After the declaration of the result, a second application was required to be filed, which is a detailed one, and she mentioned that she was a candidate against the category of Sportsmen/Sportswomen and that she had already submitted the Sports Gradation Certificate along with the application submitted earlier. On the basis of her performance in the Pre-Medical Test and in view of the Sports Gradation Certificate she was at No. 2 on the Merit List prepared for admission of the candidates from the Sports Category. The list was displayed on the notice-board of the office of the Principal, Government Medical College, Amritsar, respondent No. 2, on July 26, 1989. When she appeared for the interview, she was informed by the Interview Board that her candidature was not being considered on the ground that in the application form submitted by her to the University, she had not mentioned the category against which she was to be considered. She tried to explain that as she had attached Sports Gradation Certificate with the application form, she was entitled to be considered in the Sports Category, but her explanation was not accepted and she was informed that her candidature could not be considered due to the omission of non-mentioning of the category in the application form submitted by her. She has sought a declaration that she is entitled to be considered on merits in the category of Sportsmen/Sportswomen and her omission to mention that she was seeking admission in this category is due to inadvertence and should not debar her candidature.

(2.) Dr. T.D. Sharma, Principal, Medical College, Amritsar, respondent No. 2, in his written statement has not disputed the facts, but stated that as per prospectus it is clearly mentioned that :

(3.) Hence, she could not be considered under Sports category as per rules."