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PUNJAB & HARYANA HIGH COURT
S.D.Agarwala, N.K.Kapoor and H.S.Bedi JJ.
Amardeep Singh Sahota
Versus
State Of Punjab
Civil Writ Petition No. 12079 of 1992,
Decided On : MAY 20, 1993
SPORTS QUOTA ADMISSION - MEDICAL COLLEGES - PUNJAB - VALIDITY OF INSTRUCTIONS DATED 7/12TH JUNE, 1991 - NOTIFICATION DATED JULY 13, 1992 WAIVING MINIMUM QUALIFYING MARKS - VALIDITY - CRITERIA FOR ADMISSION.
Fact of the Case:
The dispute arose from the sports quota of the Competitive Entrance Examination for admission to M.B.B.S/B.D.S/B.A.M.S. (Ayurvedacharya) Courses in the Government Medical/Dental Colleges of Punjab in the Government Ayurvedic College, Patiala, for the year 1992-93. The total number of seats in the Medical/Dental/Ayurvedic Colleges were 450. 15% of the total seats were to be filled on All India basis through a test to be conducted by Central Board of Secondary Education (for M.B.B.S and B.D.S. only). Out of the seats to be filled in through Competitive Entrance Examination, 2 per cent were reserved for the sportsmen/sportswomen.
Finding of the Court:
1. The admission to the sports category should not be made purely on the basis of achievements in sports but it should be made in accordance with the instructions dated 7/12 June, 1991. 2. The merit inter se should be determined in the same grade by excluding students who do not get the minimum qualifying marks along with the relative merit obtained in sports according to instructions dated 7/12th June, 1991. 3. The preference to seniors qua juniors is a valid classification and the instructions dated 7/12th June, 1991 cannot be held to be invalid on that account.
Issues: 1. Whether the admission to the sports category should be made purely on the basis of achievements in sports or in accordance with instructions dated 1) 12th June, 1991 ; 2. or their merit inter se should be determined in the same grade by keeping in view their merit in the pre-entrance test; 3. or whether the giving of precedence to those persons who participated in senior tournaments or championships over those who had participated in Junior; or, School Championships embodied in note 1 to para 3 of the instructions dated 7/l2th June, 1991 is a valid classification.
Ratio Decidendi: 1. The policy of the State Government laying down the sole criterion for admission as sports cannot be countenanced. It would be against public interest and wholly arbitrary. Excellence in sports may be a very important consideration for admission in the sports quota but a certain-minimum academic standard-is also required to enable the students to obtain degree. 2. The Notification dated July 13, 1992 which waives the requirement of obtaining minimum qualifying marks, in our opinion, is an after thought and wholly arbitrary. 3. The State Government should not change the policy every year and in one year change it many times as has been done in this year. We expect the State Government that any policy which it determined in regard to the sports quota for the next year, shall be permitted to continue for atleast three years so that students who are eligible in the sports quota may be aware of the said policy.
Final Decision: 1. The Notification of the State Government dated July 13, 1992 which waives the requirement of obtaining minimum qualifying marks, is hereby quashed. 2. The State Government is directed to prepare the result according to the decision of the court. 3. The State shall determine as to which of the students according to the fresh merit list have already been admitted in the Medical Colleges. Their admission shall be regularised. If there is any student who was not admitted under the fresh merit list then such a student or students shall be granted admission in the Medical Colleges in the session 1993-94 and additional seats shall be created for those students. They need, not appear again in the 1993-94 examination. This is on the condition that such students have not got admission in other Medical College in this session 1992-93. If any student has been admitted in the Medical College by the State Government in pursuance of the result declared by them though not in accordance with the principles laid down by us and such student has already pursued his course in the Medical College then his admission shall not be disturbed and he shall continue to remain admitted in the College. 4. The students who though they are not entitled to be admitted within the principles laid down by us but have been granted provisional admission due to orders passed by this Court, should not be made to suffer in the interests of justice and they be also permitted to continue their course in the Medical Colleges as regular students.
S.D.Agarwala, J.
1. This judgment will dispose of Civil Writ Petition Nos. 12079, 12176 and 15651 all of 1992, as the question of law referred to us in all the three writ petitions, is common
2. The dispute which has been referred to the Full Bench is in relation to the sports quota of the Competitive Entrance Examination for admission to M. B. B. S/B. D. S/B A. M. S. (Ayurvedacharya) Courses in the Government Medical/Dental Colleges of Punjab in the Government Ayurvedic College, Patiala, for the year 1992-93. The total number of seats in the Medical/Dental/Ayurvedic Colleges are as under :-
Medical College, Patiala -150 seats
Medical College, Amritsar -150 seats
Guru Gobind Singh Medical College, Faridkot - 50 seats
Dental College, Amritsar - 40 seats
Dental College, Patiala - 40 seats
Ayurvedic College, Patiala - 30 seats
15% of the total seats mentioned above have to be filed on All India basis through a test to be conducted by Central Board of Secondary Education (for M.B.B.S and B.D.S. only). Out of the seats to be filled in through Competitive Entrance Examination, 2 per cent have been reserved for the sportsmen/sportswomen. Seats are also reserved for other categories to the extent mentioned in respect of each category which need not be enumerated herein as it is not necessary for purposes of the decision of this reference.
3 The Competitive Entrance Examination, in short, called the P.M.T. examination, was held on 4th July, 1992. The examination centres were located at Amritsar Chandigarh, Faridkot, Jalandhar, Ludhiana and Patiala. The Guru Nanak Dev University Amritsar, this year conducted the PMT examination for all the colleges mantioned above. It issued a prospectus in which the eligibility for the admission to the M.B.B.S /B.D.S /B.A.M.S. Ayurvedacharya Course was categorically stated Paragraph 4.2 (a)(i) of the Prospectus is relevant; for the purpose of resevation in the sports category. It is quoted below :-
"(a) (i) Admission shall be made on the basis of the relative merit of candidates determined on the result of the Competitive Entrance Examination (P.M.T.). In the case of reserved seats relative merit of the candidates shall be determined within each category of reservation. In the reserved category of sportsmen/ sportswomen, the admission shall be made from amongst the eligible candidates on the basis of their gradation done by the Department of Sports, Punjab in accordance with, Punjab Govt. Education Department Letter No. 47/26/83-5 Edu (a) 5/1490 dated 7-6-9l/12-6-91. In the reserved category of children/widows of the defence personnel, candidates of sub-category vi(2) mentioned in para III (c) infra, shall be admitted only if eligible candidates of sub category vi (I) are not available. Minimum marks required for eligible candidates will be communicated subsequently."
In the above paragraph 4.2 (a)(i) quoted above, reference has been made to the Punjab Govt. Education Department letter No. 47/26/83-5 Edu. (a) 5/1490 dated 7th June. 1991/12th June, 1991, issued by the Department of Sports. This letter (hereinafter referred to as instructions) indicates how grades A, B, C, and D will be given by the Director of Sports, according to which admission is to be made from amongst the eligible candidates in the category of sportsmen/sportswomen. The relevant portion of this letter is quoted below ;- "No. 47/26/83-5 Edu (5) 5/1450 PUNJAB GOVERNMENT DEPARTMENT OF EDUCATION (EDUCATION V BRANCH) To All Heads of Departments, Registrar, Punjab and Haryana High Court, Commissioners of Divisions, Deputy Commissioners and Sub-Divisional Officers (Civil) in the State of Punjab. Dated, Chandigarh, the 7.6.1991/12.6.1991. Sub : Issuing of Sports Gradation Certificates & Reservation of seats for sportsmen/sportswomen in Technical/Medical and Preferential treatment in services of the
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