Punjab-Haryana High Court
Jagroop Singh vs State Of Punjab on 17 April, 2001
Author: R.L. Anand
Bench: R.L. Anand
JUDGMENT R.L. Anand, J.
1. Shri Jagroop Singh son of Dr. Su-jan Singh, has filed the present writ petition against the State of Punjab, Baba Farid University and private respondents under Articles 226/227 of the Constitution of India and a prayer has been made by the petitioner for setting aside the action of respondent No, 2, Director, Department of Sports, revising the Sports Gradation Certificate dated 7.8.2000 in place of earlier issued Sports Gradation Certificate dated 10.3.2000 whereby one of the events of participation of the petitioner has been deleted from consideration. The petitioner has further made a prayer that directions be issued to respondent No. 2 to issue a revised Sports Gradation Certificate and the selection of respondent No. 4 Ms. Jasmin Brar, to MBBS course against the sports category, be quashed and set aside. It was also prayed by the petitioner that a writ in the nature of certiorari be issued quashing the eligibility condition 5 sub- clause 2 relating to sports category for Punjab Medical Entrance Test and admission to MBBS, BDS, BAMS courses and further the instructions dated 10.12.1997 be set aside and the selection of respondents No. 4 to 6 against sports category be quashed. Yet another prayer was made by the petitioner that writ in the nature of mandamus be issued against the respondents and by evaluating the merits of the petitioner directions be given to the respondents to admit the petitioner to the , course of MBBS in the sports category.
2. The case set up by the petitioner is that he is aggrieved against the unilateral modification of Sports Gradation Certificate whereby the one of the sports achievements i.e.e Silver Medal in 44th National School Games 1998-99 held at Jalandhar had been deleted by respondent No. 2 from consideration and mentioned in the revised Sports Gradation Certificate and also by the criteria adopted by the respondent-State in making the selection of the candidates for admission to the MDBS and other allied courses. As per the petitioner, the Government of Punjab issued notification dated 20.4.2000 for holding selection of candidates for admission to MBBS/BDS/BAMS (Ayur-vedacharya) courses for the Session 2000. For determining the Sports Grading of candidates who Seek admission against the Sports Quota, the respondent has issued instructions dated 10.12.1997. According to the petitioner, he is an outstanding sportsman to the discipline of fencing. On the basis of his sports achievement, the petitioner was awarded "B" Grade Sports Gradation Certificate by respondent No. 2 on 10.3.2000 by considering two of his sports achievements. The silver medal was won by the petitioner in the 44th National School Games 1998-99 held at Jalandhar is which 15 teams participated. The petitioner applied for taking the test against the sports quota on the basis of Sports Gradation Certificate dated 10.3.2000 (Annexure P-3). He obtained 419 marks out of 800 marks in the PMET. Respondent No. 4 secured 286 marks, respondent No. 5 secured 443 marks and respondent No. 6 secured 221 marks. Three seats were reserved against the sports quota. The name of the petitioner in the list initially displayed appeared at serial No. 4. Candidate at serial No. 1 opted for dental course. The petitioner was sure to get admission to MBBS course. Later on, the petitioner came to know that the merit of the sports category candidates was to be freshly prepared by respondent No. 2 solely on the basis of sports achievements irrespective of inter se merit.
3. On 7.8.2000, the petitioner and other candidates were called by respondent No. 2 to his office along with original sports achievement certificates and the respective gradation certificates. The petitioner was stunned to receive a revised Sports Gradation Certificate issued by respondent No. 2 on.7.8.2000 whereby the relevant sports achievement of the petitioner i.e. Silver Medal in 44th National School Games 1998/99 held at Jalandhar was deleted.
4. The list of sports category of candidates selected for admission to MBBS Course was displayed by the Guru Nanak Dev University, Amritsar which conducted the test on behalf of respondent No. 3 i.e. Baba Farid University on 25.8.2000 in which the names of respondants No. 4, 5 and 6 were mentioned. The petitioner then approached respondent No. 2 for seeking clarification as to how the relevant sports achievement in which he had won Silver Medal in the 44th National School games was deleted. The petitioner was verbally told that the revised certificate has been issued as the number of participants in the event in which the petitioner had taken part during the aforementioned competition was less than the prescribed under the instructions Annexure P-2. The petitioner brought to the notice of respondent No. 2, that the participants from more than 15 States had taken part in the said sports events as certified by the organiser. However, respondents No. 2 did not accede to the request of the petitioner. It is alleged by the petitioner further that in the instructions Annexure P-2, it is mentioned that the performance achieved in the individual event in any discipline will be considered only if it has been achieved through competition of seven or more competitors. Petitioner submits that there were about 16 or more participants in the event of fencing in which the petitioner also participated and won a Silver medal while the Gold Medal was won by other candidate, namely Deepak Saini. Thus, the participation of the petitioner fell within the parameters of instructions annexure P-2 and therefore, the petitioner was entitled to the inclusion of this sports achievement in his sports gradation certificate as was initially issued on 10.3.2000 by respondent No.2. This certificate has been illegally changed in an arbitrary manner without affording any opportunity to the petitioner by issuing certificate Annexure P-4 dated 7.8.2000 and this action of respondent No. 2 is totally violative of rules of natural justice and also against the instructions Annexure P-2. No notice whatsoever was issued by respondent No. 2 to the petitioner as to why sports gradation certificate dated 10.3.2001 Annexure P-3 should be changed, cancelled or modified. By changing the certificate a valuable right of the petitioner has been infringed.
5. In short, the case set up by the petitioner is that he participated in an individual event in the 44th National School Games held at Jalandhar. He secured Silver Medal and the certificate Annexure P-3 dated 10.3.2000 was earlier rightly issued by respondent No. 2.
6. Notice of the writ petition was given to the respondents. First of all, I would like to deal with the written statement of respondent No. 2 who stated that earlier the petitioner was issued a certificate Annexure P-3 but it came to the notice of the department later on that number of participating teams in the said tournament was less than 15. According to Govt. gradation policy dated 10.12.1997, the number of participating teams should be 7 or more competitors in individual event and 15 or more units in team games. The petitioner has participated in fencing team event in 44th National School Games where 15 teams are required but the number of participating team was less than 8. The petitioner submitted a wrong affidavit for participating teams with sports gradation application that more than 15 teams participated whereas according to the General Secretary of the School Federation of India who organised the championship, the number of participating teams was less than 8 as per Annexure R-2. So far as fencing was concerned only 5 States namely Maharashtra, Gujarat, U.P., Punjab and Jammu and Kashmir participated, therefore, no benefit could be granted to the petitioner for participation in the 44th National School Games held at Jalandhar during 1998-99. Further respondent No. 2, Director Sports has the authority to cancel any certificate at any time if it is found to have been issued on false informa-
tion or record. The said Director has the authority to correct any mistake done by the office after giving opportunity to the affected sportsman. It was maintained by respondent No. 2 that he deleted this achievement from the gradation certificate of all other players to whom this department had issued the gradation certificates for this achievement in this competition. Before doing so the petitioner was given the opportunity. He was interviewed on 7.8.2000. The petitioner could not explain the names of total participating teams. The number of participating teams in 44th National School Games furnished by Shri P.S. Chhabra, Organiser (Physical Education) D.P.I. Schools is not correct because Shri B.D. Gandhi, the then Secretary General of National School Federation was the organiser of this game and he had given in writing that the number of teams was less than 8 as per Annexures R-l and R-2. Therefore, the department has rightly deleted the championship from the sports gradation certificate.
7. The replies of other players who participated in this tournament are inter-se conflicting. They have given different version, and therefore, the certificate has been rightly modified as per the sports grading policy. The admission to respondents No. 4 to 6 has been rightly granted under the sports quota. With this defence, respondent No. 2 prayed for the dismissal of the writ on his behalf as well as on behalf of the respondent No. 1.
8. Respondent No. 3 filed a separate written statement and its short stand is that the University has made the admission in the sports category strictly as per the list and as per the choice of the candidates. It has reiterated that the basic dispute is between the petitioner and respondent No. 2.
9. Respondent No. 4 also filed the written statement and it has virtually adopted the stand of respondent No.
2. In support of his case the petitioner has attached some of the documents, the brief description of which as follows :-
10. Annexure P-1 is the prospectus of admission. Annexure P-2 is the policy of the State Government in order to get a Grade "B" in the sports gradation certificate. Following is the parameter which is relevant for our purposes :-
"(iv) Senior and Junior National Championships organised by recognised National Federation of that game under the banner of Indian Olympic Association where atleast 15 States have participated", Clause 8 of this policy is also relevant which is quoted as below :-
"Performance achieved in individual event of any discipline and in terms team games will be considered only if it has been achieved through competition with 7 more competitors in individual event and 15 or more units in team games".
11. Annexure P-3 is the certificate dated 10.3.2000 which was issued to the petitioner at the first instance and two events were taken note of when the petitioner was issued Grade 8 certificate and those events are as follows :-
Representing :, Name of competition, Year, Place, Position obtained .........................................................................................................................................
Punjab State :, 5th National Junior Fencing Championship., 1997-98, New Delhi, Participated, Punjab State, 44th National School Games, 1998-99, Jalandhar, 2nd"
12. Annexure P-4 is a revised certificate dated 7.8.2000 and only the following event waslaken into consideration :
Representing, Name of competition, Year, Place, Position obtained.
- - - - -- - - - - - - -- - - - - - - - - - -- - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - -- - - -
Punjab State, 5th National Junior Fencing Championship., 1997-98, New Delhi, participated."
13. Annexure P-5 is the certificate issued by the organiser (Physical Education) in which he certified that 35 teams of different States had taken part and he has further given the list of participants of the Punjab State in fencing (under 19 years) boys category and the name of Shri Jagroop Singh, is at serial No. 2 while that of Deepak Saini at serial No. 1.
14. From the side of the respondents there is an affidavit dated 14.1.2000 given by Shri Jagroop Singh petitioner himself in which he had certified as follows in para No. 12 of this affidavit :-"Certified that more than 15 teams and more than 15. players participated in my event in the above tournament".
15. This clause No. 12 of the affidavit, I will discuss later on because this is the most significant clause as on the basis of this clause the certificate Annexure P-3 wasissued.
16. Annexure R-2 is the certificate issued by Shri B.D. Gandhi, the Secretary General, School Games Federation of India and he had certified that in the tournament of 44th National Games there were less than 8 teams which took part in this championship. His certificate can be mentioned as follows :- "I write to State during my tenure as Secretary General, School Games Federation of India 43 National School Games in Fencing and 44th National School Games in Fencing are held at Pa-tiala/Jalandhar during the year 1997-9 respectively. In both these championships there were less than eight teams which took part in these championships".
17. R-3 is again the certificate issued by Shri B.D. Gandhi which clearly shows that in the case of Fencing only 5 States namely Maharashtra, Gujarat, U.P-., Punjab and Jammu and Kashmir participated and this falsifies the affidavit of Shri Jagroop Singh specially clause No. 12 wherein a wrong declaration was given.
18. Annexure R-4 is the notice given to Shri Jagroop Singh and three others vide which these persons were called upon in the office of the Director on 7.8.2000 and they were also requested to bring the original certificates including the original gradation certificate as the Department came to know that there were discrepancies in the grading certificate which needs to be corrected/updated as per gradation policy. Something has been said about this notice R-4 which I will discuss in the subsequent portion of this judgment.
19. R-5 is a letter dated 7.8.2000 given by Shri Ja-groop Singh himself in which he has stated that only 9 States had participated, namely, Punjab, Haryana, Ut-tar Pradesh, Madhya Pradesh, Jammu and Kashmir, Manipur, Bihar and Gujarat and 3 members of the team of Punjab, participated namely Deepak Saini, Ja-groop petitioner himself and Shri Gagandeep Singh Sodhi. Also it has been certified in Annexure R-5 that the information supplied by the petitioner is true and nothing has been concealed.
20. Annexure R-6 indicates that only 13 persons participated in the tournament including the petitioner. Shri Navdeep Sidhu gave the names of four persons and he also gave the list of only four States which participated in 44th National School Games. Shri Manjot gave the name of 8 States and also she gave the name of four persons who were the members of the team and two persons as an individual.
21. Annexure R-9 is the affidavit of Shri Deepak Saini who deposed that he participated in the individual event and he defeated Shri Jagroop Singh and won the gold medal while the petitioner earned silver medal. The document Annexure R-9 shall also be discussed by me in this judgment.
22. I have heard I.S. Sidhu, Advocate, appearing on behalf of the petitioner, Shri Harbhajan Singh Sran, learned DAG, appearing on behalf of respondents No. 1 and 2, Shri K.S. Ahluwalia, learned counsel appearing on behalf of respondent No. 5, Shri P.S. Patwalia, learned counsel appearing on behalf of respondent No. 3, Shri P.S. Dhaliwal, learned counsel appearing on behalf of respondent No. 4, and Shri K.R. Mahajan, Advocate, appearing on behalf of respondent No. 6 and with their assistance have gone through the record of the case.
23. The learned counsel appearing on behalf of the petitioner submitted that as per clause No. 8 of the instructions Annexure P-2, the petitioner participated in individual event of fencing and in that competition there were 7 or more competitors. The petitioner secured the silver medal when he was defeated by Shri Deepak Saini and, therefore, his event has been recognised validly in the certificate Annexure P-3 dated 10.3.2000. The subsequent interference in this certificate Annexure P-3, is bad. Firstly, the performance of the petitioner has been wrongly taken note of and secondly no show cause notice was issued to the petitioner before modifying the gradation vide certificate Annexure P-4 dated 7.8.2000. Thirdly, the Director of Sports had no jurisdiction to modify the earlier certificate and the stand of the respondents of the face on it is wrong.
24. I do not subscribe to the argument raised by the learned counsel for the petitioner. We have to see the document Annexure P-2. In order to get Grade B, there are certain parameters and for our purposes sub-clause 4 under the head Grade B is relevant according to Which senior or junior national championship organised by recognised national federation of that game under the banner of Indian Olympic Association is valid if atleast 15 States had participated. According to clause 8 on which the petitioner is relying, it is further clear that the performance achieved in individual event of any discipline or in team game will be considered only if it has been achieved through competition with 7 or more competitors in individual event and 15 more or more units in the team games are present. Both the conditions are not fulfilled in the present case as is certified by Shri Gandhi whose certificate has to get priority and preference than that of the certificate Annexure P-5 issued by the organiser. A reading of the certificate of Mr. Gandhi clearly spells out that in the event of fencing only 5 States participated i.e. Maharashtra, Gujarat, U.P. Punjab and J and K and so far the Punjab State was concerned only 12 boys participated in the event of fencing.
25. In this view of the matter, the affidavit Annexure P-1 given by the petitioner certifying that more than 15 teams and more than 15 players participated in his event in the above tournament was false and contrary to the fact. Even the certificate relied upon by the petitioner is not in conformity with the policy of the State Government.
26. The next comes the point whether the Director of Sports, had the jurisdiction to modify or amend the certificate if issued wrongly and this power is clearly given in clause No. 11 of the policy which specifies as follows :-
"Director Sports Punjab who will issue the certificate will also have the authority to cancel any certificate at any time if it is found to have been issued on false information or record. Director Sports will also have the authority to correct any mistake done by the office giving the opportunity to the affected sportsman/woman".
27. Only the opportunity was supposed to be given to the petitioner before the issuance of the certificate annexure P-4 and this was complied with when the letter was issued by respondent No. 2 on 4.8.2000 which clearly spells out that there was discrepancy in the grading certificate which needed to be corrected/updated as per the grading policy. Resultantly, the petitioner was called upon to come to the office of respondent No. 2 on 7.8.2000 at 11.00 A.M. along with original certificate including the original grading certificate. The petitioner was heard. He filed the affidavit dated 7.8.2001. It was considered along his earlier affidavit Annexure R-l. The other documents were taken note of and it was noticed that no benefit can be given to the petitioner of 44th National School Games as 15 teams did not participate in the game of fencing and team - wise also the number was short than the pre-scribed one. A certificate which is against the parameters of the policy has no meaning in the eye of law and no benefit can be granted for the purpose of grading. Moment it is held that certificate, annexure P-3 was wrongly issued, the case of the petitioner does not become better than that of respondents No. 4 to 6. Therefore, I do not see any merit in this writ petition and trie same is hereby dismissed with no order as to costs.
28. Writ petition dismissed.