MANOJ KUMAR TAN WAR Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) Petitioner is challenging the selection of the third respondent to the B. Ed. training course held by the first respondent on the ground that he has secured more marks in the entrance test than the third respondent Admittedly, the petitioner had applied under the Sportsmen Category in the entrance test. He had secured 64 marks where as the third respondent had secured 51 marks According to the petitioner Clause 4 in the prospectus says very clearly that admission would be completely on the basis of merits in the pre -entrance test for B. Ed (Arts/ Science) conducted by the H. P. University and the candidate should satisfy all other conditions regarding admission Our attention is drawn to Clause 107 which reads "basis of selection of the of candidate - merit in the pie -entrance test conducted by H. P. University provided the candidate fulfilled all other conditions". Our attention is also drawn to Clause 10 4 (vii) which reads that in order to have convenience/precedence in the case gory of sportsman, the eligible candidate will give detailed account of which participation m the games and sports and shall also annexe certified copies of certificates alongwith the application The clause provides that m order to be eligible in the category of sportsman, a candidate should have represented the. University or the State in one of the games ft s contended that the petitioner having taken part in the inter university cross country games is eligible to apply under the Sportsmen category and having secured more marks than any other sportsman, who had applied under that category, he is entitled for admission as against the third respondent.

(2.) The second respondent has filed a reply, in which it is stated that the third respondent has the highest performance in the field of sports as compared to the petitioner herein - It is pointed out that the third respondent has participated in games at National level in Hockey and inter University level in the same game as well as junior National Hockey Championship According to the reply, his performance is certainly more meritorious than that of the petitioner, who had participated only in one championship of inter University Cross -country.

(3.) We do not find any mala fide whatever in the selection of the third respondent and as per Annexure RA, he is the most outstanding among the nine candidates who had applied under the sports category.