SANDEEP BARAR KANWAR AJIT SINGH SIDHU NIRPJIT SINGH DOSANJH KOMALSEKHON HARKAMAL KAUR Vs. STATE OF PUNJAB
LAWS(SC)-1990-1-6
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on January 30,1990

SANDEEP BARAR,KANWAR AJIT SINGH SIDHU,NIRPJIT SINGH DOSANJH,KOMALSEKHON,HARKAMAL KAUR Appellant
VERSUS
STATE OF PUNJAB Respondents


Cited Judgements :-

VIMISH JAIN VS. UNION OF INDIA [LAWS(P&H)-1990-11-8] [REFERRED TO]
SUNITHA VENKATRAM AND ORS. VS. DIVYA RAYAPATI [LAWS(MAD)-2015-3-446] [REFERRED TO]
SAPAN SHANKAR VS. DIRECTOR OF TECHNICAL EDUCATION BANGALORE [LAWS(KAR)-1994-2-3] [REFERRED TO]
SHARANPAL SANDHU AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-1995-9-145] [REFERRED TO]
BHUPJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1991-9-164] [REFERRED]


JUDGEMENT

- (1.)Special leave granted.
We pronounce our conclusions in the appeals and a reasoned judgment shall be delivered later on. We allow the appeals and set aside the judgment of the High Court dated September 13, 1989 delivered in Civil Writ Petition No. 10623 of 1989. We also set aside the consequential judgments of the High Court dated September 18, 1989 in Civil Writ Petitions Nos. 10855 of 1989 and 9745 of 1989. Civil Writ Petitions Nos. 10623 of 1989 and 10855 of 1989 filed by those petitioners in he High Court are dismissed. Civil Writ Petition No. 9745 of 1989 is disposed of in terms of this order.

We direct as under:-

(a) Admissions, in the three State Medical Colleges and two State dental colleges for the session commenced in the year 1989, to the seats reserved in favour of sportsmen/ sportswomen be made in accordance with the Government of Punjab, Deptt. of Health and Family Welfare Notification dated April 21, 1989 (Annexure 'A' in C.A. 4408/1989) read with Government of Punjab, Deptt . of Education instructions dated August 6, 1986 (excluding para 2 which has already been struck down) (Annexure 'B' in C.A. 4408/89).

(b) We hold that the Government instructions dated August 30, 1984 providing weightage in the various grades are no longer operative and had been superseded by the instructions dated August 6, 1986.

(c) We strike down the instructions issued by Director of Sports contained in memorandum Sports SDA-VII-86-87-8895 dated 16-9-1986 (mentioned as August 6, 1986 in the High Court judgment) (Annexure 'C' in C.A. 4408/89) and direct that the same be riot taken into consideration while finalising the selection.

(d) Admissions to all the seven seats (six to MBBS and one to BDS) be made as directed by us in this order above. Three of the respondents namely Amandeep Kaur Sahota, Baljinderdeep Singh Dhanj and Navdeep Walia have already been admitted as a. result of the High Court order. In the interest of justice we direct the respondent State of Punjab to create three additional seats with the approval of the Medical Council of India and if such an approval is granted, then these three students he accommodated against the additional seats.

There shall be no order as to costs.

Order accordingly.

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