CWP No. 12203 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.12203 of 2008 Date of decision: 20.08.2008 Rajesh Punia ...Petitioner Versus Panjab University & others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Pardeep Solath, Advocate for the petitioner. Mr. Manish Bansal, Advocate for the respondents. Rajan Gupta, J. The petitioner has preferred this writ petition praying for issuance of a writ in the nature of certiorari for quashing the merit-list, prepared by the respondents for admission to MBA course in sports category. He has also prayed for a writ of mandamus directing the respondents to restore the grading assigned to him during the trials held on 4th July, 2008 from Category 'B'- 5 (2) to 'B'-3 (1) and to determine the merit of the petitioner in the sports category accordingly. According to the petitioner, after acquiring 10+2 qualification, he was admitted to four years B.E. Computer Science Degree Course in the University Institute of Engineering and Technology, Punjab University, Chandigarh. Thereafter, he applied for admission to MBA course in the University Business School, Punjab University, Chandigarh. The last date for submission of application CWP No. 12203 of 2008 2 forms was 16th November, 2007. The entrance examination known as CAT Examination was held thereafter on 18th November, 2007. The petitioner is staking his claim to 5% seats, reserved for candidates in the sports category. According to the petitioner, he was in the University Team of 'KORFBALL', which is one of the recognized Sports by the Punjab University, Chandigarh. He has relied upon certain certificates in this regard, which are annexed with the petition. The petitioner secured 69.72% marks in the Common Admission Test i.e. CAT. He has further averred that the respondent University conducted a Sports Trial on 4th July, 2008 in order to assign grading to the candidates having applied in the sports category. The grievance of the petitioner is that his grading in the sports category has been unilaterally changed from 'B'-3 (1) to 'B'-5 (2) thereby downgrading his merit position. On the other hand, in the reply filed on behalf of the respondent University, it has been stated that it was a matter of record that the petitioner had participated in the 21st Senior National 'KORFBALL' Championship held at Gurgaon in February, 2008 and secured first position. It was further stated that sports trials were held on various dates starting from 4th July, 2008 by the University and the result of the petitioner under the sports quota was declared on 15th July, 2008, wherein he was placed in category B-5 (2). The University denied that the grade of the petitioner in sports category had been unilaterally changed from B-3 (1) to B-5 (2). According to the stand of the CWP No. 12203 of 2008 3 University, the final grade list of the students seeking admission under the sports category in University Business School, was declared on 15th July, 2008 and the petitioner was placed in Grade B-5 (2). The University further took the stand that a committee was constituted by the Vice Chancellor to consider admission to various courses under the sports category and the same was held in its meeting on 15th July, 2008. The decision taken by this committee has been annexed with the reply as Annexure R-1. According to the University, it was unanimously decided by the committee that only those championships/events which had been concluded prior to the last date of submission of Admission Form, would be taken into consideration and not those which took place and concluded after the said date. Since last date for submitting the application form in the case of the petitioner was 16th November, 2007 till 5.00 P.M., certificates prior to the said date have been taken into consideration. However, certificate of 21st Senior 'KORFBALL' Championship, held in the month of February, 2008, was not liable to be taken into consideration, the same being after the cut off date i.e. 16th November, 2007. We have heard learned counsel for the parties and perused the record. Learned counsel for the petitioner has mainly contended that a perusal of para 6 of the Guidelines for admission to the reserved category of sports, would show that achievements in sports relating to any of three years immediately preceding the year of admission should be CWP No. 12203 of 2008 4 taken into consideration. The petitioner's academic year being 2008- 2009 achievements would fall within preceding three years, as envisaged by the condition contained in the said para. The said para is reproduced hereunder:- “6. Reservation under Sports category is meant only for those active sports persons who would participate in the Campus, University, National, International level, Sports Tournaments. Such students will be considered for admission only if:- i) their achievement in sports relate to their activities in any of three years immediately preceding the year of admission (relaxable to 4 years in exceptional cases, on merits, for outstanding sportspersons)” However, we are not convinced by this argument of the petitioner. As is evident from record, the last date for submission of forms was 16th November, 2007 and thus his achievements in sports prior to that, would only be taken into consideration by the University. Needless to say that some cut off date has to be fixed for the purpose of entertaining the application forms and a candidate is required to mention their achievements and attach certificates in support thereof, along with the form. Thus, there appears to be nothing wrong in decision of the University not to consider the achievements of the candidates under the sports category after the said cut off date. The process cannot be allowed to prolong endlessly as the same would give rise to anomalous situations. Another argument raised by the counsel for the petitioner is that the Handbook of Information-2008, provided by the University for CWP No. 12203 of 2008 5 admission to University Business School, contained a clause in para 9 (a) thereof that result of the qualifying examination should be submitted positively by 31st August, 2008 by 12.00 noon. The petitioner is relying upon the said para to say that he could also submit his achievements in sports category by 31st August, 2008 as he was required to fulfill the eligibility conditions by the said date. Thus, it was wrong on the part of the University not to consider his achievement in February, 2008 in Senior 'KORFBALL' Championship despite the fact that eligibility was to be determined as on 31st August, 2008. The said para 9 (a) reads thus: “9 (a). The candidates appearing in final degree examinations are eligible to apply and can take the written test provisionally. They will have to fulfill the eligibility condition at the time of admission, failing which the candidates will not be considered for admission even after they have gone through all the stages of the admission process. The result of the qualifying examination should be submitted positively by 31st August, 2008 by 12 noon failing which the admission will be cancelled.” According to the petitioner, sports achievements of the candidates could not be restricted to a day prior to 16th November, 2007. However, this argument of the counsel for the petitioner is also not tenable. A perusal of para 9 (a) above clearly shows that it only talks about the result of the qualifying examination to be submitted by the students before the last date of admission. In the petitioner's case, it would mean that he has to submit the result of his Bachelor of Engineering Computer Science Exam positively by 31st August, 2008 CWP No. 12203 of 2008 6 failing which his admission would be liable to be cancelled. This condition is normally incorporated in the prospectus, as the admission is on the basis of the entrance examination and at the time the same is held, usually result of the qualifying examination is not available. Thus, students are permitted to submit the result of the qualifying examination before the last date of admission, which in the present case is 31st August, 2008. However, this provision cannot be stretched and interpreted to mean that for all other purposes i.e. sports achievements etc., last date will be construed to be 31st August, 2008. This interpretation, in our view, is totally misplaced and thus unacceptable. It is an admitted fact that last date for submission of admission forms was 16th November, 2007, which we feel, was the cut off date for the purpose of submitting the admission forms along with all the necessary certificates including that of achievements in sports. We, thus, find no merit in the writ petition. The same is hereby dismissed with no order as to costs. (RAJAN GUPTA) JUDGE (ASHUTOSH MOHUNTA) JUDGE August 20, 2008 'rajpal'