FAZAL Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) This letters patent appeal arises out of the judgment dated 8th Aug. 2005, passed in OWP No. 1123/2004, whereby the learned Single Judge has allowed the writ petition of respondent No. 5 and issued the following directions to the State:-

(2.) The dispute in the writ petition pertains to admission to Medical Colleges for Medical Courses for the seats reserved under Sports category. The State of Jammu and Kashmir for providing reservation in sports category has enacted a provision in SRO 126 of 1994 dated 28th June 1994 issued in exercise of the power conferred by Sec. 124 and other relevant provisions of the Constitution of the Jammu and Kashmir read with Articles 15(4) and 16(4) and other relevant provisions of the Constitution of India as applicable to the State (hereinafter called 'the Rules'). Rule 23 of the Reservation Rules provides for reservation of 2% of seats in each course or Professional Institutions for "candidates possessing outstanding proficiency in sports". The reservation rules aforesaid, however, no where provide for the mechanism, methodology or criteria for determining as to which of the candidates would be a candidate 'possessing outstanding proficiency in sports'. Before the Reservation Rules of 1994 came to be framed, the provisions for reservation of seats for admission to Professional Colleges in favour of the candidates possessing outstanding proficiency in sports was existing in SRO 272 dated 3rd July 1982. Like the present Rules of reservation, there were no guidelines/rules or procedure laid down therein for grant of such proficiency certificates in favour of the candidates. Therefore, this Court in Writ Petition No. 737 of 1990 ,entitled Subira Jan Vs. State of J&K and Ors. directed the Government to frame Rules for grant of certificates in favour of the candidates possessing outstanding proficiency in sports. The Government, therefore, pursuant to the directions of the Court, framed the rules called the Certification of Outstanding Proficiency in Sports Rules 1992 vide Government Order No. 121-GAD of 1992 dated 30th Dec. 1992. In these rules, "the candidates possessing outstanding proficiency in sports" came to be defined. The aforesaid Rules of 1992 also came to be challenged in case of Ankur Mahajan Vs. State of J&K and Ors., in Writ Petition No. 867 of 1993. A learned Judge of this Court without expressing any opinion with regard to the criteria adopted for determining the eligibility of a person to be certified as candidate possessing outstanding proficiency in sports, observed:

(3.) The learned Judge while accepting the offer of the learned counsel for the respondents, disposed of the petition and issue the following directions: