CWP No.10357 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 10357 of 2009 Date of decision 15 .7.2009 Naval Preet Kaur Sarao ... Petitioner Versus Guru Angad Dev Veterinary and animal Sciences University, Ludhiana and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. B.S.Rana ,Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgement ? 2. To be referred to the Reporter or not ? 3. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. In the instant petition filed under Article 226 of the Constitution, the petitioner has staked her claim for admission to the course known as Bachelor of Veterinary Sciences and Animal Health (BV Sc. & AH) under the sports category. She had appeared in the Common Entrance Test on 19.6.2009. According to the declaration of result she was given rank No. 223 in general category and rank No. 7 in sports category (P.1). It has been alleged that respondent nos. 3 to 5 got rank Nos. 243, 342 and 400 respectively in general category and rank Nos. 9,12 and 13 in sports category (P.2 to P.4). The admission to the sports category 'C' was to be governed by the criterion given in Annexures 'A' appended with the prospectus issued by the respondent University for the current academic session (P.5). As per annexure 'A' of the prospectus the order of preference for the selection of outstanding sports person for admission to various CWP No.10357 of 2009 2 Under Graduate and Post Graduate courses is to be as per Annexure 'B' subject to the fulfillment of the prescribed minimum requirements for admission to a particular programme. However, clause 14 in annexure 'A” provided that only those games/ disciplines were to be considered for admission in which Guru Angad Dev Veterinary and Animal Sciences University, Ludhiana- respondent no.1 has to participate in the All India Inter-University Tournaments, National/ International sports like equestrian events were also to be considered. List of those games has been given in Annexure 'B'. It is pertinent to notice that petitioner is a player of Boxing and has played the National Boxing Championship in the 52 Kg. weight category. She has won Bronze Metal in the National Championship, 2007. In para 7 of the petition, averments have been made with regard to other achievements in this sport. The petitioner has also challenged the right of respondent nos. 3 to 6 for their consideration under the sports category claiming that she is higher in merit. We have heard learned counsel at a considerable length and find that the sport of Boxing has not been included for admission to BV SC & AH course against the seats reserved for sports person. At this stage it would be appropriate to read clause 14 of Annexure 'A' appended with the prospectus which is as under: “ 14. Only those games/disciplines will be considered for admission in which GADVASU shall participate in the All India Inter University Tournaments. National/ International sports like equestrian events shall also be considered for this purpose. The list of these games/disciplines is given in anneuxre 'D'. “ CWP No.10357 of 2009 3 A perusal of the aforesaid clause shows that only those games/ disciplines were to be considered for admission in which the respondent- University were to participate in the All India Inter University Tournaments. It further provides that National and International sports like equestrian events were also to be considered for this purpose. It in turn refers to the list of games as per the details given in Annexure 'D'. A perusal of the aforesaid annexure shows that the game of 'Boxing' is not included and therefore the University has refused to consider the case of the petitioner under the sports category. The matter is no longer res-integra. In some what similar circumstances a learned Single Judge of this Court in the case of Brijesh Kumar Bakshi v. Panjab University and others 1989(6) SLR 49 has refused to interfere when a candidate playing game of Boxing was not permitted to admission in the sports category by the Panjab University. On the same line is the judgement of the learned Single Judge in the case of Shubhjot Singh v. Punjab University 1990(1) SLR 797. This Court has held that if the game of Boxing was included no grievance could be made by the petitioner claiming reservation on that basis because it is no one's right to claim that a particular game be included in the list provided by the prospectus. It is for the University to provide for such a list of games. Moreover, we find that a rationale basis has been provided by clause 14 when it says that the respondent University would consider only those games for admission in which it participate in the All India Inter- University Tournaments. It also clarified that National and Inter- National sports like equestrian events would also be considered for that purpose. The policy of the University appears to be to encouraged only those sports person who are playing the CWP No.10357 of 2009 4 games for which the University has participation in the All India Inter University Tournaments or National or International sports. The view taken by the learned Single Judge of this Court in Brijesh Kumar Bakshi's case (supra) is also unassailable and we are in respectful agreement with the aforesaid view. The writ petition is wholly without merit and is thus liable to be dismissed. For the reasons afore mentioned this petition fails and the same is dismissed. (M.M.Kumar) Judge (Jaswant Singh) 15.7.2009 Judge okg