Civil Writ Petition No. 14401 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 12101 of 2010 in/and Civil Writ Petition No. 14401 of 2010 Mabir Kaur .....Petitioner VERSUS Baba Farid University of Health Sciences and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Ravish Bansal, Advocate for the petitioner. Mr. Ashish Rawal, Advocate for respondent No. 1. Mr. Ranvir S. Chauhan, DAG, Punjab for the State. Mr. Dheeraj Chawla, Advocate for respondent No. 4. **** RANJIT SINGH, J. C.M. No. 12101 of 2010 Reply taken on record. Application disposed of. Civil Writ Petition No. 14401 of 2010 The petitioner has applied for admission in MBBS Course on 21.06.2010 in the category of sports persons. When the petitioner reached the place of interview on 25.07.2010, she was not considered for admission in the sports quota category and her name Civil Writ Petition No. 14401 of 2010 2 was included in ineligible candidates. The petitioner, accordingly, filed the present writ petition seeking quashing of the action of the respondents in giving admission to Amita Bedi/respondent No. 4 in the sports category, who was statedly less meritorious than the petitioner whereas both were possessing Grade B course certificate. The petitioner, accordingly, has pleaded that respondent No. 4 had been wrongly and illegally admitted ignoring the claim of the petitioner. Notice of motion was issued by noticing the contention of the petitioner that she was wrongly shown as ineligible. In response to notice, reply has been filed by respondent No. 4. State counsel has also filed reply. Counsel for the University contends that there would not be a need to file reply and he would make submissions on the basis of provisions made in the prospectus. The counsel has drawn my attention to Clause 5A (v) of the prospectus, which would regulate the condition for admission and gradation of candidates, who have made application in the category of sports person. Clause 5A (v) makes provision for one percent reservation in the category of sports persons in the MBBS. Prospectus provides that 'credit will be given for the sports achievements made during 10+1 and 10+2 classes 'only' and shall be graded by Director Sports, Punjab'. Counsel would also refer to the explanation as given in Clause 5C (vi), which reads as under:- “The Sports Quota admission in category 5A (v) shall be made out of the eligible candidates as per requirement of minimum marks in PMET and other conditions of this notification, while the merit inter-se shall be determined Civil Writ Petition No. 14401 of 2010 3 on the basis of sports achievements in 10+1 and 10+2 as graded by Director Sports, Punjab.” Clause 5A(v) is as under:- “(v) Sports Persons- (credit will be given for the sports achievements made during 10+1 and 10+2 classes only and shall be graded by the Director Sports, Punjab)” Similar is the stand taken by respondent No. 4 as well as the State. The counsel appearing for respondent No. 4, thus, would plead that the petitioner was rightly considered ineligible as her achievements in the sports are not on the basis of 10+1 and 10+2 class. The petitioner has relied upon certificate, Annexure P-14, which is a sports gradation certificate issued by the Director Sports, Punjab to make a claim for being considered in the category of sports persons. This certificate was issued on 18.06.2010, which reveals that the petitioner had represented 31st Senior National Softball Championship in the year 2009-10 and had achieved first position. On this basis, the petitioner has been issued B Grade certificate. Reference is made to the fact that the petitioner had studied in 10+1 class in the year 2007-08 and 10+2 class in 2008-09. Accordingly, the counsel for the respondent would contend that certificate, Annexure P-14, would not be on the basis of any achievement in class 10+1 and 10+2 and thus this certificate was rightly not considered valid for considering the case of the petitioner for admission in the category of sports persons. Civil Writ Petition No. 14401 of 2010 4 Counsel for the petitioner, however, would very vehemently contend that basically, this certificate, Annexure P-14 is for the achievements of the petitioner, which were for the period while she was studying in 10+1 and 10+2 class. As per the counsel, the petitioner was able to participate in National level tournament after preparing her when she was studying in 10+1 and 10+2 classes. The counsel has also referred to various certificates showing her achievements while she was studying in the school. It may be so, but only the conditions contained in the prospectus are to be seen. The prospectus is making very clear and categorical provision in this regard that a candidate seeking admission in the sports category is to show the achievement while study 10+1 and 10+2. It clearly provides that achievements made during 10+1 and 10+2 classes only shall be taken into consideration for grading. Concededly, certificate, Annexure P-14, is not on the basis of achievements by the petitioner while she was studying in 10+1 and 10+2 classes. This is further clarified in provision 5C (vi), where again it has been stated that the merit inter se shall be determined on the basis of sports achievements in 10+1 and 10+2 as graded by the Director, Sports Punjab. That being clearly so provided in the prospectus has to be given a meaning. The word used is 'only' and it has to have meaning and purpose. It is to emphasis the clause of the prospectus. It would mean that only those achievements are to be taken into consideration, which are gained while studying in 10+1 and 10+2 class. Since the petitioner is having a certificate which is not on the basis of achievements in 10+1 and 10+2, the same has rightly not been considered and the petitioner treated as ineligible. I Civil Writ Petition No. 14401 of 2010 5 do not see any reason to interfere in the action of the University. Even the Director Sports, Punjab had also declared the petitioner ineligible as can be seen from Annexure P-4. There is no merit in the writ petition and the same is, accordingly, dismissed. September 01, 2010 ( RANJIT SINGH ) rts JUDGE