HARLEEN SINGH Vs. STATE

JUDGEMENT

(1.) THE facts leading to the admission of the petitioner in the Government Medical College, Jammu are not in dispute. The only question that is required to be decided in this petition is as to whether Statutes 5.1 and 5.5 of the University Calendar can be invoked where student is allotted a different college which is affiliated with the same University.

(2.) IN order to appreciate the controversy the brief facts relating to the admission of the petitioner in the Medical College are enumerated herein below: - The petitioner questioned the criteria framed by the Government regarding providing reservation for outstanding sportsmen in the professional colleges. The petitioner had questioned this criteria on the ground that while granting benefit of reservation in the sports category, the candidates have not been graded as per achievements in the International level, National level and State level. This contention of the petitioner found favour with the learned Single Judge who observed as under: - The object and purport of reservation of sports personal in the nature of a compensation to the sports person who has devoted time and energy for acquiring proficiency in sports and earned name for himself, the institution, the State and the country to which he belongs. Therefore, what is to be rewarded is excellence in sports by providing reservation. This obliviously means that best amongst the persons for whom reservation is made.

(3.) AS a consequence of the direction issued by the court it was ordered that the criteria needs to be re -casted for providing grading to the sports persons in reference to their participation/ achievements in the international, national or State events. During the pendency of this writ petition, the Government had finalized the admission of the students in this category on the basis of the criteria which was subject matter of challenge before the court.