- (1.) We pronounced our conclusions in these appeals by our order dated January 30, 1990. We now deliver our reasons.
(2.) The Punjab Government by a notification dated April 21, 1989 announced the policy for admissions to MBBS/ BDS courses for the sessions 1989-90 in all the three State Medical Colleges and two State Dental Colleges. Two per cent seats were reserved for sportsmen / sportswomen. The relevant part of the notification is as under : "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 ......... Sportsmen / Sportswomen shall be eligible if they secure a Minimum of 35% marks in the P.M.T."
(3.) It is obvious that the admission to the reserved category of sportsmen / sportswomen was to be made from amongst the eligible candidates on the basis of their "gradation" done by the Department of Sports, Punjab. The procedure for issuing Sports Gradation Certificate has been provided by the Instructions dated August 6, 1986 issued by the Government of Punjab. The relevant part of the Instructions are as under : " 1. The certificates shall be in the following descending order of merit: - Grade-A : Sportsman of International Standing i.e. those who have represented India in recognised International Tournaments, meets, events competitions etc. Grade-B: Sportsman of National Standing, i.e. those who have represented their States, combined University, services, States, schools etc. in recognised National Tournaments, contests, competitions etc. Grade-C: Sportsman of State standing i.e. those who have represented their District, combined District, Schools, Universities, departments in Inter-District Schools, Inter-varsity and Inter-Departmental recognised Tournaments, contests, competitions etc. Grade-D: Sportsmen of District standing, i.e. those who have played for their schools, college institutions etc. in the recognised Inter-college, Inter-schools, Inter-Institutional tournaments, matches, contests etc. 2 . ................... 3. In the matter of rating inter se, the performance in the same grade will be in the following descending order: - (a) Record holders in any event. (b) Winners. (c) Runners up (d) Third position holders. (e) Number of times participated. (f) Number of discipline participated. 4. Participation in a lower grade shall be a pre-requisite for acceptability in the higher grade. For instance, no achievement in Grade 'A' would be recognised if it is not shown to have been achieved through participated in Grade B, C and D. Similarly for recognition of an achievement in Grade 'B' participation in Grade 'C' and 'D' will be necessary. 5. In discipline like Athletics etc. position achieved will be consider only if it has been achieved through a competition with seven or more competitions from at least seven units / states. 6. Only those certificates issued by the concerned sports bodies as are properly signed in ink by at least two office bearers thereof should be entertained and application shall only be received along with an affidavit affirming the correctness of the claim(s) duly attested by the Magistrate 1st class on a non-judicial paper. 7. The applicants shall be interviewed and may also be given field test(s) in the discipline(s) concerned to ascertain the correctness of the testimonials / certificate(s) which they produce in support of their claim(s) to take the grading of the candidate(s) not merely on the basis of certificate(s) but by examination from other appropriate angles. 8. Director of 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 / incorrect information or record.";