Civil Writ Petition No.11865 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Civil Writ Petition No.11865 of 2011 Date of Order: 16th September, 2011 Keerat Kaur Kullar ..Petitioner Versus State of Punjab and others ..Respondents (2) Civil Writ Petition No.12913 of 2011 Abhijeet ...Petitioner Versus State of Punjab and others ..Respondents (3) Civil Writ Petition No.15991 of 2011 Ms. Saumaya Jain ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Kapil Kakkar, Advocate for the petitioner in C.W.P.No.11865 of 2011 Mr. Amar Vivek, Advocate for the petitioner in CWP No.15991 of 2011 and for respondent no.6 in CWP No.11865 of 2011. Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -2- Mr. Mansur Ali, Advocate, for the petitioner in CWP No.12913 of 2011 Mr. S.S.Sahu, AAG, Punjab for respondent Nos.1 to 3 Ms. Alka Chatrath, Advocate for respondent Nos.4 and 5 in Civil Writ Petition No.11865 of 2011 and Civil Writ Petition No.12913 of 2011 and for respondent No.4 in CWP No.15991 of 2011. RAJIVE BHALLA, J. This order shall dispose of Civil Writ Petition Nos.11865, 12913 and 15991 of 2011 as they involve adjudication of identical questions of law and fact. Facts necessary for adjudication of these writ petition have been taken from Civil Writ Petition No.11865 of 2011 and wherever necessary facts of other petitions shall be referred to. The petitioner, in Civil Writ Petition No.11865 of 2011, prays for issuance of a writ in the nature of mandamus directing the respondents to consider the petitioner, for admission to the MBBS course against seats reserved for sports category candidates after including Rhythmic Gymnastics in the sports policy and issuing a gradation certificate. The petitioner, in Civil Writ Petition No.12913 of 2011, prays for issuance of a writ, direction or order, directing the respondents to allow the petitioner to appear in counseling for the MBBS course, as a sports category candidate and to thereafter allow admission to the MBBS course. Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -3- Civil Writ Petition No.15991 of 2011, has been filed by respondent no.6 in Civil Writ Petition No.11865 of 2011, praying for issuance of a writ, order or direction, quashing letter dated 25.08.2011 and any consequent notification that may be issued amending the Sports Gradation Policy dated 10.12.1997 (hereinafter referred to as the 'Policy) by including Rhythmic Gymnastics, as a sport. The petitioners and private respondents are sports persons who have applied for admission to the MBBS course, against seats reserved for sports persons. The petitioner in Civil Writ Petition No.11865 of 2011, claims that she has participated in National Schools Games, National Gymnastics Championships and International Gymnastics Championships and won 43 Medals (19 Gold, 15 Silver and 9 Bronze). Rhythmic Gymnastics, though an Olympic sport, has not been included in the sports policy dated 19.12.197. However, as the petitioner has been allowed to appear in the entrance exam for MBBS, the Government may be directed to include Rhythmic Gymnastics, in the sports policy and issue her a gradation certificate, enabling her to obtain admission in the MBBS course. Counsel for the petitioner submits that the petitioner applied for admission in the sports category. The petitioner was allowed to sit for the entrance examination and is ranked No. 22, in the sports category. However, during counseling, which Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -4- commenced on 13.07.2011, the petitioner's candidature was rejected as Rhythmic Gymnastics is not included in the sports policy and as the petitioner does not possess a sports gradation certificate, issued thereunder. Counsel for the petitioner further submits that Gymnastics (Artistic) is included as a sport, in the policy, but for reasons that are neither comprehensible nor discernible Gymnastics (Rhythmic), an Olympic sport, has not been included. The petitioner, therefore, filed a representation, dated 23.05.2011, requesting the Government to include Rhythmic Gymnastics, in the sport policy and issue a gradation certificate. However, no action has been taken on the petitioner's representation, despite a positive recommendation made by the Director, Sports, Punjab. It is further submitted that lesser sports have been included in the sports policy, from time to time, but an Olympic sport like Rhythmic Gymnastics has been excluded. It is further argued that as per terms and conditions of the prospectus, eligibility is to be determined during counseling. In case Rhythmic Gymnastics is included as a sport, in the Sports Gradation Policy, 1997, the respondents should be directed to grade the petitioner's sports performance and the petitioner should be allotted a seat in the sports category. During pendency of the petition, as it was brought to the notice of this Court that the Director, Sports, Punjab has Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -5- already recommended the inclusion of Rhythmic Gymnastics, in the sports policy, the Secretary concerned was directed to file an affidavit whether any decision has been taken on this recommendation. On 23.08.2011, the Government was directed to take a final decision in the matter, within two days. On 6.08.2011, an affidavit was filed, appending therewith a letter stating that Rhythmic Gymnastics has been included in the policy, for the purpose of sports gradation. Counsel for the petitioner prays that as Rhythmic Gymnastics has been included as a sport in the Sports Gradation Policy and counseling has not concluded the respondents may be directed to consider the petitioner's sports achievements, issue a gradation certificate and permit the petitioner to appear before the counseling committee for admission. After issuance of letter dated 06.08.2011, respondent no.6, filed Civil Writ Petition No.15991 of 2011, challenging the inclusion of Rhythmic Gymnastics, in the Sports Gradation Policy. Counsel for the petitioner, in Civil Writ Petition No.15991 of 2011 submits that as the petitioner does not possess a gradation certificate, she was not eligible to appear in the entrance examination much less for counseling. It is further submitted that inclusion of Rhythmic Gymnastics, in the Sports Gradation Policy, even if valid, would operate prospectively and, therefore, cannot enure to the benefit of the petitioner in Civil Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -6- Writ Petition No.12913 of 2011, for the present admission. It is further argued that in case the respondents are directed to issue a gradation certificate to the petitioner in CWP No.12913 of 2011 and she is allowed to participate in the counseling, such an order would necessarily be contrary to the prospectus. Admission has to be carried out on the basis of the sports gradation policy as notified on the date of issuance of the prospectus. The petitioner, therefore, cannot be allowed to take benefit of an amendment in the sports gradation policy. It is further argued that the letter dated 25.08.2011, Annexure P-2, including, Rhythmic Gymnastics in the Sports Gradation Policy, is prospective in operation and does not apply to the examination that has already concluded. The petitioner, in CWP No.15991 of 2011, is a candidate for admission under the sports quota for PMET, 2011 and is placed at No.3 out of successful candidates. The petitioner has been issued a gradation certificate and is eligible for selection. Counsel for the petitioner in essence adopts the arguments raised by counsel for the petitioner in Civil Writ Petition No.15991 of 2011. I have heard counsel for the parties and perused the impugned order. The question that falls for adjudication is whether the inclusion of Rhythmic Gymnastics, as one of the sports, in the Sports Gradation Policy dated 10.12.1997, would enure to the Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -7- benefit of the petitioner in Civil Writ Petition No.11865 of 2011 thereby conferring a right, to have her sports performance assessed for issuance of a gradation certificate and thereafter a right to participate in the counseling to be held for filling-up seats which are kept reserved for sports category candidates. The petitioner applied for admission to the MBBS course as a sports category candidate. The petitioner was allowed to take the entrance examination as a sports category candidate and is ranked at No.22, in the merit list prepared for sports candidates. The petitioner's sport, Rhythmic Gymnastics was not included in the sports policy, on the date of issuance of the prospectus or on the date of the entrance examination. Rhythmic Gymnastics was included, as a sport during pendency of the writ petition. The petitioner does not possess a gradation certificate, a mandatory condition for eligibility. The fact that Rhythmic Gymnastics was included, as a sport, in the sports gradation policy, after the entrance examination but before counseling, in my considered opinion does not entitle the petitioner to any relief with respect to the present examination. The prospectus provides a reservation of 1% for sports persons on the basis of their sports achievements, during 10+1 and 10+2 classes. As set out in paragraph 5 (v) of the prospectus sport achievements are to be graded by the Director Sports Punjab, in accordance with the policy dated 10.12.1997 and with respect to sports included in the policy. The Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -8- prospectus provides that eligibility of candidates, under the sports category will be decided at the time to counseling, as per the policy/notification. Rhythmic Gymnastics, admittedly does not figure in the policy as notified on the date of issuance of the prospectus or before the examination. The letter including Rhythmic Gymnastics, in the Sports Policy/ notification, was issued after the entrance examination, though before counseling. The process of admission commences with the receipt of application forms, is followed by the examination and concludes with counseling. The relevant date for inclusion of a sport, in the sports policy, would obviously be the date of issuance of the prospectus. The inclusion of a sport after initiation of the process of admission would in essence require this Court to assign a retrospective operation to the letter including Rhythmic Gymnastics, in the Sports Gradation Policy, 1997, thereby giving an unfair advantage to the petitioner vis-a- vis other candidates and deprive other Rhythmic Gymnasts, of an opportunity to compete for admission to the MBBS course. This apart, once the process of admission is set into motion, the mere fact that documents of eligibility are to be produced and considered at the time of counseling does not entitle a candidate to pray that as she has become eligible after the examination, she should be granted benefit therein. The only exception to this rule is where the result of the qualifying examination of 10+2 Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -9- has not been declared. Thus, once the admission process is set into motion, any subsequent change in the sports policy, would result into altering eligibility criteria, a course inpermissible in law. It would also be necessary to mention that the petitioner does not possess a gradation certificate, as of date. By inclusion of Rhythmic Gymnastics as a sport in the Sports Gradation Policy, the petitioner in Civil Writ Petition No.11865 of 2011 may be entitled to issuance of a gradation certificate but the certificate, shall enure for the next examination and not for the present admission. In view of what has been held hereinabove, the writ petitions are disposed of by holding that:- (a) as the letter/notification including Rhythmic Gymnastics as a sport in the Sports Gradation Policy was issued after the prospectus and the entrance examination, the petitioner cannot draw any benefit in PMET, 2011. (b) the inclusion of Rhythmic Gymnastics, as a sport, in the Sports Gradation Policy, 1997, entitles the petitioner (in Civil Writ Petition No.11865 of 2011) to the issuance of a Gradation Certificate but the certificate so issued cannot confer any benefit for PMET, 2011. (c) as the petitioner does not possess a gradation Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh Civil Writ Petition No.11865 of 2011 -10- certificate, issued, under the Sports policy existing on the date of the prospectus, the petitioner, cannot be allowed to take part in present counseling. No order as to costs. September 16, 2011 (RAJIVE BHALLA) nt JUDGE Kumar Naresh N 2011.09.21 12:16 verified High Court Chandigarh