ASHUTOSH KAUSHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition filed under Art.226 and 227 of the Constitution the short question involved is as to whether the policy decision of the State Government dated 11th January, 1962 (Annexure-P-4), providing reservation of 2 per cent of seats in technical/medical institution in the State in favour of 'outstanding sportsmen', is applicable at both the stages that is, in M.B.B.S. as well as in M.D./M.S., or the same is restricted only to M.B.B.S. Degree Course and is not available to the sportsmen in the M.D./M.S., even though no exception to that effect is carved out in the policy decision itself. Obviously, the reply has to be in favour of the sportsmen thereby upholding the reservation in M.D./M.S. courses also.

(2.) The petitioner is an outstanding sportsman of international standing. He represented India under 19/20 years' age group in the; discipline of cricket; in the year 1980-81. He was selected in the Indian Cricket Team which visited Sri Lanka for playing the test-match at Colombo in 1980-81. On the basis of his attainment in; the field of sports, the petitioner was awarded "A" Grade Certificate; by the Director of Sports, Punjab, Chandigarh, which is the highest grade in the sports category.

(3.) The petitioner was admitted to the MBBS Course in the Government Medical College, Patiala, against a seat reserved for 'outstanding sportsmen' on the basis of his having attained distinction in the game of cricket. He passed all the professional examination in the first attempt securing First Division in every professional examination and also passed his M.B.B.S. Examination with First Division in the year 1986. Thereafter he completed his rotatory internship for one year as also his house job for one year required for admission to, the Post-Graduate Medical Degree. He completed one year's house job in a break up of 6 months in General Medicine and the remaining 6 months in Ophthalmology. In February, 1989, admission notice was issued by the Principal, Medical College, Amritsar, for general admissions to the Post Graduate Medical Degree/Diploma Courses in the Punjab State Medical Colleges at Amritsar and Patiala for the year 1989. By this notice, applications were invited from the Medical Graduates upto 8th March, 1989. In this notice, as usual, though provision of reservation in favour of Scheduled Castes/Tribes, Backward Classes and for candidates out of Riot Affected/Terrorist Affected areas, etc. was repeated, yet reservation for 'outstanding sportsmen' did not find mention. Despite this, the petitioner submitted his application on 7th March, 1989, that is, in time, on the basis of the Punjab Government instructions dated 11th January, 1962, providing reservation for 'outstanding sportsmen' in technical/medical institutions, and also submitted a separate communication to the Principal, Government Medical College, Amritsar, bringing to his notice the omission on their part. In response thereto, the petitioner was called for interview on March 21, 1989, but he was told that he could be interviewed only under the 'general' category and not against the reserved category of 'outstanding sportsmen'. The petitioner submitted another representation to the Chairman of the Interview Board but he was not considered as a candidate entitled for reservation meant for 'outstanding sportsmen' as there was no mention of this reservation in the admission notice, even though the policy instructions of the State Government circulated as back as 1962 provided for the same. Aggrieved by this, the petitioner has approached this Court for the redresal of his grievance and praying for the consideration of his claim for admission to the M.D./M.S. Course in the current session.