IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1795 of 2011 Date of Decision: September 23, 2011 Sohan and others …Appellants Versus M.D. University, Rohtak …Respondent CORAM: CORAM: CORAM: CORAM: HON’BLE HON’BLE HON’BLE HON’BLE THE ACTING CHIEF JUSTICE THE ACTING CHIEF JUSTICE THE ACTING CHIEF JUSTICE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE GURDEV SIN GURDEV SIN GURDEV SIN GURDEV SINGH GH GH GH Present: Mr. Rakesh Nehra, Advocate, for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, ACJ M.M. KUMAR, ACJ M.M. KUMAR, ACJ M.M. KUMAR, ACJ 1. The instant appeal under Clause 10 of the Letters Patent is directed against the judgment dated 13.9.2011 rendered by the learned Single Judge holding that the National Council for Teacher Education (for brevity, ‘NCTE’) in its eligibility criteria for admission to B.P.Ed./C.P.Ed. courses did not prescribe the mode and manner of gradation of certificates for determining inter se merit. Referring to clause 3.2 of the criteria, learned Single Judge has concluded that there is no bar on a university from prescribing the mode and manner in which sports LPA No. 1795 of 2011 2 category candidates are to be assessed for the purposes of determining their eligibility. In furtherance to clause 3.2(a), the Maharshi Dayanand University, Rohtak-respondent has prescribed a procedure for assessment, which could not be regarded as illegal or arbitrary. 2. Mr. Rakesh Nehra, learned counsel for the appellants has argued that instead of keeping 80% of the seats vacant, the criteria of determining eligibility prescribed by the respondent University on 6.6.2011 (P-2), could be easily relaxed. According to the learned counsel the grading by the Directorate of Sports, Haryana, could be avoided in respect of the sports participation certificates and on the basis of physical efficiency test alone admissions could be given, as is being done by the Kurukshetra University, Kurukshetra and Devi Lal University, Hisar. 3. Having heard learned counsel we are of the considered view that the opinion expressed by the learned Single Judge does not suffer from any legal infirmity warranting interference of this Court. If the ‘NCTE’ has laid down criteria, the respondent University is fully entitled to lay down batter criteria. It can also prescribe any procedure in order to authenticate sports certificates tendered by a candidate. If certificate is not to be graded by the Director, Sports then there are no checks and balances and the regulatory system which is fraught with checks and balances would be rendered useless. The fact that the LPA No. 1795 of 2011 3 seats are lying vacant would have no bearing because a University is fully entitled to insist on higher quality students by prescribing higher conditions of eligibility than the one prescribed by the statutory authority. In that regard reliance may be placed on a Division Bench judgment of this Court rendered in the case of Ajay Malik Ajay Malik Ajay Malik Ajay Malik v. v. v. v. Panjab Panjab Panjab Panjab University and others University and others University and others University and others, 1992 (2) SLR 507 , 1992 (2) SLR 507 , 1992 (2) SLR 507 , 1992 (2) SLR 507. We are also not impressed with the argument that merely because 80% seats are vacant, the respondent University should be asked to relax the eligibility criteria. The university is well within its rights to prescribe higher standard of excellence for eligibility for admission to a course. There is, thus, no merit in the appeal. Dismissed. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) Acting Chief Justice Acting Chief Justice Acting Chief Justice Acting Chief Justice (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) September September September September 23 23 23 23, 2010 , 2010 , 2010 , 2010 Judge Judge Judge Judge PKapoor