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1999 Supreme(P&H) 539

R.S.MONGIA, S.S.SUDHALKAR, SWATANTER KUMAR
Indu Gupta – Appellant
Versus
Director, Sports Punjab, Chandigarh – Respondent


Judgment

SWATANTER KUMAR, J.

1. A simple but important question of far-reaching consequences arises for consideration in the present writ petition. The Division Bench of this Court while hearing the present case viz C.W.P. No. 9699 of 1997 titled Indu Gupta V/s. Director Sports, Punjab etc. found it difficult to follow the view expressed by another Hon ble Division Bench of this Court in the case of Punjabi University, Patiala V/s. Gurbinder Singh, L.P.A. No. 770 of 1995 and Ms. Mukta Bansal V/s. State of Punjab C.W.P. No. 12093 of 1997. Resultantly, the bench hearing Ms. Indus case passed the following order of reference to a larger bench."Petitioner applied for admission to B. Tech. Course. She claimed the benefit of reservation in the sports category. She could not get the gradation certificate countersigned by the Director of Sports, Punjab. So, she was not considered for admission in the reserved category of sports personnel. The argument advanced by the counsel representing petitioner is that gradation certificate is based on her performance in the sports meets and it is only one evidencing the existence of facts entitling her to the benefit of reservation. So, the condition t
































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