The Government's criteria for admission cannot be irrational or arbitrary and must not defeat the purpose of the reservation policy.

1. This petition, to my mind, is the classic example of what a Government can create with one hand and demolish with the other. With a view to "encourage the sports talent" in matters of admission to medical/technical institutions in the State, it took a policy- decision on 11th Jan., 1962 (Copy Annexure P 1) and the relevant parts of the same read as follows : -

"I am directed to inform you that with a view to encourage sports talent Government have been considering the question of reserving certain percentage of seats for them for.- i) admission to technical/medical institutions in the State................

2. After careful consideration. Government have decided in regard to (i) above that 2 per cent of the seats in technical/medical institutions in the State should be reserved for outstanding sportsmen provided that they possess the minimum educational qualifications prescribed for admission to such institutions..............

In so far as the question of judging whether a person is a sportsman of requisite standards for the concessions referred to above, it has been decided that the sportsmen should be graded as follows : (i) Grade A - Sportsmen of international standing i.e. those who have represented India in International tournaments, meets, events, competitions, etc.

(ii) Grade B - Sportsmen of national standing i.e. those who have represented their State, University, service, school etc. in recognised National tournaments, contests, competitions, etc., who hold National records in any event.

(iii) Grade C - Sportsmen who have achieved State status by representing their college, school, service contests, etc. or hold State records in any event.

(iv) Grade D - Sportsmen who claim to have played for their college, school, institution, etc. without achieving State status.

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5. To achieve the object in view, it has been decided by Government that the persons concerned should obtain a certificate from the Sports Deptt. Only such persons who are in possession of the certificates issued by the Sports Deptt. will be eligible for these concessions.

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This policy admittedly continued to govern the admissions to these institutions till the Government thought of altering it in the light of certain recommendations made by the Sports Department vide its letter dated 25th Jan., 1984 (Copy Annexure P-2). Though the parties are at variance with regard to the scope and content of this letter of the Department yet I do not feel the necessity of going into the controversy as I am of the considered view that this recommendation cannot by itself sanctify the decision taken by the Government if it is otherwise not sustainable in law. These are the salient features of the Government decision dated 30th Aug., 1984 (Annexure P 3) stated to have been taken in the light of the recommendation Annexure P 2 : - "The President of India is pleased to order that selections of students for admission to MBBS/BDS courses, for the session 1984-85 in all the three State Medical and two Dental Colleges shall be made by holding a competitive entrance examination in the four compulsory subjects (Physics, Chemistry, Biology and English) of pre-medical or equivalent examination.

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III - Eligibility for admission to MBBS/BDS Courses : (a) Admission shall be given on the basis of the relative merit of candidates determined on the result of the competitive entrance examination. In the case of the reserved seats relative merit of the candidates shall be determined within each category of reservation except that in the category of sportsmen/sportswomen, merit shall be determined as follows: - Weightage will be added to the marks secured in the admission test in respect of sportsmen/sportswomen based upon their sports gradation as mentioned below : - (i) A Grade - 8% of the marks secured in the written test.

(ii) B Grade - 5% of the marks