A higher grade sports certificate holder is not entitled to preference for admission to an engineering college over a lower grade holder, even if the latter has a higher merit score after weightage is applied to their sports certificates, if the admission policy does not provide for such preference.

R.N.MITTAL, J.

1. Briefly, the facts are that Thapar Institute of Engineering and Technology, Patiala-respondent No. 1 is running four years degree course. It has been declared to be a University under Section 3 of the University Grants Commission Act, 1956. There are 180 seats for Bachelor of Engineering Course, out of which 2 per cent seats are reserved for outstanding sportsmen who possess sports gradation. Certificates issued by the Department of Sports, Punjab. Thus, there are in all four seats for outstanding sportsmen. The Sports Department issues four types of gradation certificates, namely, Grade A for sportsmen of International standing, Grade B for sportsmen of National standing, Grade C for sportsmen of State standing and Grade D for sportsmen who played for their colleges.

2. For determining the inter se merit of the candidates, the College has adopted a policy of giving weightage to the candidates according to their gradation certificates. The candidates having gradation certificates A, B, C and D are given a weightage of 10 per cent, 5 per cent, 3 per cent and 2 per cent marks respectively. The College has evolved its own formula for determining the merit of the candidates and those marks are added to the marks obtained by the candidates according to that formula.

3. The petitioner passed his Pre-Engineering Examination from Government Mahendra College, Patiala getting 480 marks out of 650. He had been given Grade C Certificate by the Punjab Government. He applied for admission to the Bachelor of Engineering Course under the category of sportsmen. According to the formula, the petitioner was given 75.21 per cent marks in the merit list, prepared by the College. After adding 3 per cent marks, his percentage came to 78.21. Respondent No. 2 also applied for admission to the College under the category of sportsmen. According to the formula of the College, he was getting 76.77 per cent marks. He held Grade D Certificate. Thus, he was entitled to a weightage of 2 per cent and by adding the weightage, his percentage came to 78.77. It is pleaded that as the petitioner was having Grade C Certificate, he was entitled to have preference over respondent No. 2 who was having Grade D Certificate, for admission to the Bachelor of Engineering Course from the category of sportsmen. He relied on a decision of this Court in Miss Maninder Kaur V/s. State of Punjab, AIR 1985 Punj and Har 46. However, he has not been given that preference.

4. The Writ Petition was contested by respondent No. 1. But, no return was filed by it. The learned Motion Bench doubted the correctness of the decision of the learned single Bench in Miss Maninder Kaur s case (supra) and referred the matter to a larger Bench. This is how, the matters was listed before us.

5. The question that arises for determination is whether the petitioner is entitled to be admitted to the College in preference to respondent No. 2, on the ground that he possesses higher grade sports certificate, though he ranks lower than the latter in the merit list prepared by the College after giving weightage to them on account of the Sports Certificates.

6. In order to determine the question, it is relevant to read the clause by which weightage is given to candidates holding Sports Certificates for admission in the College against the vacancies reserved for sportsmen. It is as follows :

"2% seats are reserved for outstanding sportsmen possessing sports gradation certificates A, B, C and D issued by the Department of Sports, Punjab. For purposes of determining the inter se merit of the candidates a weightage of 10%, 5%, 3% and 2% marks for A, B, C and D grades respectively would be added to the normalized qualifying marks obtained by the candidates".

7. From a reading of the Clause, it is clear that in order to determine inter se merit of the sportsmen for admission to the College weightage is given to them by adding 10%, 5%, 3% and 2% marks on the basis of their Sports Gradation Ce