CWP No. 1433 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1433 of 2011 (O&M) Decided on : 21-03-2011 Jaswinder Singh ....Petitioner VERSUS Punjabi University and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.H.C.Arora, Advocate for the petitioner Dr. B.M.Singh, Advocate for the respondents MAHESH GROVER, J The petitioner has invoked the jurisdiction of this Court by pleading that he was eligible for being granted admission to M.Phil (Punjabi) course for the session 2010-2011 by taking into consideration his sports certificate which enables him to become eligible for admission to the said course on the basis of his performance in sports. According to the clause 4 of the prospectus there are seats admissible to the category of sports persons. The said clause is reproduced herebelow:- “4. For the additional Sports seats in all courses running under Punjabi University, Patiala the eligibility conditions shall be as under:- i. The candidate must have participated in game(s) or event(s) including All India Inter University Sports Calendar for the CWP No. 1433 of 2011 (O&M) 2 year of admission. Only the certificates of those games will be considered which are included in the AIU Sports Calendar. ii. The candidate must be eligible to participate in the Inter University Competitions for which eligibility as under:- a. Must not be more than 25 years of age on July 1st of the year of admission. b. Must not have completed 7 years after passing 10+2 or an equivalent examinations; c. Must not be an employee.” It was further stipulated in the continuation of the aforesaid clause that for Post Graduate courses with Graduation as the basic qualification, the sports criteria was to be determined as per the categories given in the prospectus which are as under:- “A candidate having secured a position or having represented India in regular and officially recognized International competition shall be rated higher as compared to the performance at National level. Preference among International competitions shall be given according to the importance of the competition and considering the position achieved as under:- 1. Olympic Games 2. World Championship 3. World Cup 4. Asian Games 5. Asian Championship 6. Asia Cup CWP No. 1433 of 2011 (O&M) 3 7. Commanwealth Games 8. Commanwealth Championship 9. Davis Cup 10.Test/One day cricket matches 11.World University Games/Indian University team in recognized International Competition 12.SAF Games 1. Ist position in Senior National Team/Individual b. Ist position in All India Inter University (Teams/Individual) or IInd position in Senior National (Team/Individual) or Ist position in Woman National. c. IInd position in All India Inter University OR IIIrd position in Senior National (Team/Individual) or IInd position in Women National; d. Represented Combined University (Teams/Individual) in the Senior Nationals; e. IIIrd position in All India Inter University (Teams/Individual) or IIIrd position in women National; f. Represented State in Senior National; g. Secured Ist position in Team/Individual in Senior State Championship. h. Having represented University in Inter-University Tournament(Teams/Individual); i. Secured Ist position in University in Taem/individual events or IInd in Senior Championship. CWP No. 1433 of 2011 (O&M) 4 j. Secured Iind place in Inter-College or IIIrd in Senior State Championships (Team/Individual); k. IIIrd place in Inter College Championship (Team/Individual); l. Secured Ist place in Senior District Tournament; m.Secured Iind place in Senior District Tournament; Note: Only 'A' Division Inter College Tournament will be considered.” The case of the petitioner is that he is MA in Punjabi with 55% marks which were improved to 57 % by him. He applied and was called for entrance test on 4.9.2010 and upon clearing the entrance test, he was also called for the interview where before the Committee he produced all the certificates but he was not selected. Notice of motion having been issued, the respondents have filed their reply and have stated in para no.1 of the preliminary submissions that the petitioner violates the eligibility conditions as he is above the age of consideration which age according to the prescribed rules is 25 years whereas the date of birth of the petitioner is 20.4.1982 and thus at the time of the consideration he was more than 28 years of age, which is the sole reason for declining the consideration to him. Upon evaluating the material on record, I am of the considered opinion that the petitioner being beyond the prescribed age was rightly declined the admission to the M.Phil course. No ground to interfere. Hence, dismissed. March 21, 2011 (Mahesh Grover) rekha Judge