SUHAIB SAHIL Vs. UT TH. J&K SPORTS COUNCIL

JUDGEMENT

(1.) Pursuant to notification No. 02 of 2023 dtd. 25/5/2023, for admission to Ph.D Programme (Full Time/Part time), issued by the respondent-Islamic University of Science and Technology, Awantipora, petitioner applied for admission in the discipline of Civil Engineering (Full Time) under Sports Category. Provisional merit list of Ph.D Programme for academic session 2022-23 for Civil Engineering came to be issued by the respondent-University, in which, petitioner was shown at Serial No. 06 under the category 'Sports'. Since one Aijaz Ahmad Wani, figuring at Serial No. 04 of the said provisional merit list, did not join, sports certificates of the petitioner were sent by respondent No. 06 i.e. Assistant Registrar Academics of the respondent-University for verification to the Secretary J&K Sports Council Srinagar-respondent No.2. However, the Administrative Officer of the respondent-Sports Council, vide its communication No. SC/2407/7270-72 dtd. 9/10/2023, impugned in the present petition, conveyed the respondent-University that petitioner, having single participation at the National level, is not eligible for selection under the Sports Category. Consequently, respondent No.7 came to be provisionally selected in the Open Merit Category by the respondent-University vide impugned notification No. 05 of 2022-23 (Ph.D Programme) dtd. 30/10/2023.

(2.) Petitioner has invoked writ jurisdiction of this Court, in terms of Article 226 of the Constitution of India, for quashment of aforesaid communication dtd. 9/10/2023 issued by respondent-Sports Council, by virtue of which, he was found ineligible for selection under the Sports category as also notification dtd. 30/10/2023 issued by respondent-University whereby private respondent No. 7 has been selected for the discipline in the Open Merit Category. Petitioner, consequently, seeks mandamus to the respondent-University for his admission to the Ph.D programme in Civil Engineering under the Sports category.

(3.) Petitioner has assailed impugned communication dtd. 9/10/2023 issued by respondent-Sports Council primarily on the ground that it is in flagrant violation of the Government Order No. 808-GAD of 2008 dtd. 17/6/2008. According to the petitioner, he is eligible for consideration for selection under the Sports category, on the basis of certificate issued by the sports Council, in terms of Rule 3 of J&K Certification of Outstanding Proficiency in Sports Rules 2008.