CWP No.12962 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.3.2010 Manoj Kumar ...Petitioner VERSUS Punjabi University, Patiala & Anr. …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.DR Sharma, Advocate for the petitioner Mr.Kanwaljit Singh, Sr.Advocate with Mr.Ajay Singla, Advocate for respondents Permod Kohli, J. (Oral) The petitioner participated in the Management Entrance Test 2009 for admission to MBA course against Sports quota. The Prospectus was issued by the Punjabi University, Patiala pursuant to the Government Notification dated 4.5.2009. The petitioner was permitted to appear in the entrance test. The petitioner claims consideration under the Sports quota. It is claimed that the petitioner is eligible under the Sports category. The result of the examination was declared on 26.7.2009. The petitioner secured 65 marks out of 200. He ranked at Sr.No.42 in the Sports category. The petitioner was also permitted to participate in the counselling which was CWP No.12962 of 2009 2 held for all the categories, including the sports. He appeared for counselling on 17.8.2009. His rank was 42 in the sports category against 113 available seats. The petitioner was, however, denied admission on the ground that he was granted the gradation certificate by the Chandigarh Administration whereas it should have been counter-signed by the Sports Department of the State of Punjab. The petitioner accordingly filed this petition in this Court seeking a direction for his admission to the MBA Course under the sports category. Vide interlocutory order dated 25.8.2009, the petitioner was ordered to be admitted provisionally on the basis of merit in the Entrance Test without insisting for sports certificate counter-signed by the Sports Department of Punjab. The petitioner has accordingly been admitted and is pursuing the course. In the reply filed by the respondents, the claim of the petitioner for admission is opposed on the ground that the petitioner has claimed the admission under the Punjab quota whereas he is not permanent resident of State of Punjab. To rebut this contention, the petitioner has placed on record Punjab Residence Certificate dated 9.7.2009 (Annexure P-1) issued by the Tehsildar, SAS Nagar wherein it is certified that the petitioner's father Sarwan Kumar is resident of H.No.LIG 231, sector 57, Mohali, Distt. SAS Nagar, Punjab and holds the property in the State of Punjab, as per the notification dated 6.6.1996. It is further contended on behalf of the petitioner that under the Prospectus, the petitioner is eligible. Reference is made to Annexure-3 i.e. Government instructions dated 6.6.1996 contained in the Prospectus (Annexure P-6). The aforesaid Annexure-3 defines bona fide resident of Punjab. Clause (b) (v) of the aforesaid government CWP No.12962 of 2009 3 notification reads as under:- “b) v) Children/Wards of the persons who have held immovable property in Punjab for a period of five years. The property should be in the name of the parents/guardians or the candidate himself. DC, ADC (R ), ADC (D), SDO (Civil), GA to DC, DM, DORG, Tehsildar/DRO, based on copies of Jamabandi, Revenue Record, Municipal record, registered deeds or any other document to the full satisfaction of the DC.” Certificate (Annexure P-1) placed on record has been issued, under the aforementioned Government notification and thus, the petitioner was/is eligible in terms of the above noted condition of notification as a bona fide resident of the State of Punjab. In view of the above circumstances, this petition is allowed. The admission granted to the petitioner vide interim order dated 25.8.2009 shall stand regularized. (PERMOD KOHLI) JUDGE 17.3.2010 MFK