S.D. Agarwala, C.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 mentioned 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 reservation 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 State Govt. Sir, I am directed to refer Punjab Government instructions contained in circular letter No. 47/26/83 -5 Edu (5)/3309, dated the 12th July, 1990 on the subject cited above and to say that after careful consideration, Government have revised as follows the criteria for the grant of sports gradation certificates for entitlement to the concessions based thereon : - 2. The Certificates shall be in the following descending order of merit: - Grade A : -Sportsmen/women of International Standing i.e. those who have represented India in the following International tournaments/Meets/Competitions/Championships etc. : - (i) Olympic Games. (ii) Commonwealth Games. (iii) Asian Games. (iv) Test Matches/One day matches in Cricket. (v) Davis -Cup -in Tennis (vi) World Cup Tournaments in respective Games. Grade B : -Sportsmen/women who have participated in the following Tournaments/Meets/Competitions/Championships etc. (i) Asian Federation Cup Tournaments. (ii) International Tournaments other than those mentioned against Grade A. (iii) All India Combined Universities team which participated in the Senior National. (iv) K. V. S. team participation in National School Games. (v) National Championships/Inter -State Championships organised by the recognized National Federations. (vi) International meets/Championships for Juniors. (vii) National Games Organised by I.O.A. (viii) All India combined Universities team participating in world Universities championships. (ix) National Championships for women/National Sports Festival for Women organised by S A. I from 1990 -91 onwards. (x) National School Games. Grade C : -Sportsmen/women who have participated in the following Tournaments/Championships/Meets etc. (i) All India Inter -varsity tournaments. (ii) Inter Distt. State Championships organised by the recognised State Sports Associations. (iii) Punjab State Games organised by P. O. A. (iv) Punjab State Championship for women organised by the Punjab Sports Deptt. (v) State School Games organised by the Punjab Education Department. Grade D : -Sportsmen/women who have participated in the following Tournaments/Championships/Meets etc. (i) Distt. Level competitions organised by Distt. Sports Associations. (ii) Inter -College University Tournaments, (iii) Inter -Schools Distt. Tournaments. 2. xx xx xx 3. In the matter of rating, inter se, the preference in the same grade will be given 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 disciplines participated Note : 1. Regarding Senior and Junior Tournament/Championships Senior shall have precedence over Junior. Moreover Junior and Schools Championships will be considered at part. Note : 2. No Sports gradation certificate shall be issued to the players who participated in Mini, Sub -Junior and in the tournaments which are organised for the players under 15 years age.;