- (1.) Rahul Gupta through present petition filed by him under Articles 226/227 of the Constitution of India, seeks writ in the nature of mandamus directing the respondents to prepare the merit list of the candidates to be admitted in the sports category against 5% seats reserved for outstanding sportsmen for the M.B.A. programme of the respondent-University on the basis of the their achievements in sports and as per guidelines issued by the University itself. The relief indicated above rests on the following facts.
(2.) Petitioner has a brilliant academic record. He passed his Matriculation examination securing 87% marks in 1987. Thereafter, he did his 10+2 examination from D.A.V. College, Chandigarh in Science group (non-medical) securing 90% marks in 1989. Thereafter, he appeared in the Combined Entrance Test conducted by the respondent-University for the purpose of competing for admission to the Panjab Engineering College, Chandigarh. He was admitted to B.E. (Electronics & Electrical Communication) course in the year 1989 on the basis of merit in the Combined Entrance Test in general category. He successfully completed B.E. (Electronics & Electrical Communication) in June, 1993. It is pleaded that it is not only that petitioner is outstanding in his studies but has taken keen interest in sports as well. He plays the games of Hand Ball and Tennis. He represented the college team in the game of Tennis and was awarded the College Colours from the Panjab Engineering College, Chandigarh. He also participated in numerous National level championships in the game of Hand Ball. He participated in the 16th Senior National Hand Ball Championship held from 10.10.1987 to 18.10.1987. Thereafter, he also participated in the 16th Senior National Hand Ball Championship held from 21.12.1988 to 28.12.1988 at Rajasthan. He also participated in the 3rd North Zone Hand Ball Championship held from 6.2.1991 to 9.2.1991 in Himachal Pradesh. The Panjab University runs two years M.B.A. Programme at Chandigarh. An advertisement was issued in December, 1992 inviting applications for the purpose of competing in the Entrance Test for being considered for admission in the MBA course for the Session 1993-94. Bulletin for general information was also published which required all applicants to appear in the written test to be held at various centres all over India, every year. Selected candidates, who were to qualify the written test, were to be called for interview and group discussion at Chandigarh. The bulletin aforesaid also contained reservation for various seats. The relevant portion of the same reads thus :- "There is reservation of seats for Scheduled Caste (15%), Scheduled Tribe (7%) and Backward Classes (5%) as per University regulation with concession of 5% marks in the aggregate; provided they satisfy the selection criteria. Seats are also reserved for physically Handicapped (3%). On the basis of achievement in sports (5%) as per University norms, Military personnel (upto 5%) as per University norms, for son/daughter/husband/wife/brother/sister of persons killed/incapacitated in terrorists violence in Panjab and Chandigarh (2%), provided they satisfy the selection criteria." There is an important note and the same runs as follows :- "For admission under any of the categories open or a Reserved, as given above, a candidate must be eligible. Eligibility shall mean the candidates possessing minimum qualifications as laid down in the relevant regulations contained in the Panjab University Calender Volume II, 1988. As admission to MBA, MPM & IR, MIB and MBA (PT) is based on an admission test, eligibility shall also mean the candidates having taken the test and qualified in it." A perusal of the information bulletin would further show that there were in all thirty seats and 5% of the total seats were reserved to be filled up on the basis of achievements in sports as per University norms. It is pleaded that the Panjab University had circulated guidelines for the purpose of admission to the reserved category of sports. As per the norms laid down, the sportsmen are to be categorised in either of the categories i.e. A, B, C, or D. There are various sub-categories also. The inter-se merit as per clause 9 of the Guidelines, of the candidates seeking admission to any course under the reserved category of sports would be determined only on the basis of their merit in sports as per the grading given in the guidelines. Obviously, a sportsmen having A-1 gradation would have precedence over a sportsman having A-2 gradation. Petitioner, in consequence of the advertisement, applied for MBA programme before the last date fixed for the purpose. He sought his admission in the reserved category of sportsmen. He also appeared in the test conducted by the respondent-University on 28.2.1993. The result of the test was published on the notice board of the University on 12.4.1993. However, when petitioner went to check up the same, he found that the result of only ten candidates had been displayed on the notice board and his name was not there in the said list. On enquiries so made, he learnt that out of total thirty seats, 5% would be 1.5 and the same shall be treated to be two. The respondents had declared result of five persons from the sports category against one seat and consequently declared the result of only ten persons, who were to be considered for admission against said two seats reserved for sports persons. However, the ten persons, whose result was declared, happened to be those who had secured highest marks in the sports category in the Entrance Test. He further learnt that it is only from amongst those ten persons that gradation would be seen in accordance with the instructions issued by the respondent-University and admissions would be made accordingly. The ten persons were those who were short listed to be considered against two reserved vacancies purely on the basis of their score in the Entrance Test irrespective of their sports gradation. It is only thereafter that the University was to arrange those ten names in accordance with their sports gradation. After declaration of the result, petitioner met the Chairman-respondent No. 2 alongwith his father and explained him that in the sports category the admission has to be made strictly on the basis of achievements in sports. It was sought to be explained to the Chairman that it was only grading in sports which has to be considered for admission and not the marks obtained in the Entrance Test. However, the Chairman did not agree and rather stated that he would call for interview only first ten persons who secured highest marks in the Entrance Test. Having failed to convince the Chairman, petitioner alongwith his father met the Registrar of the University which too brought no tengible results. In these circumstances he has come to this Court asking for the relief as indicated in the earlier part of this judgment.
(3.) Learned counsel for the petitioner contends that as per the instructions issued by the respondent-University, Annexure P-5, the admission in sports category has to be made on the basis of achievement in the sports and inasmuch as petitioner has the highest achievement in the sports amongst the candidates belonging to that category, the action of respondents in denying admission to him is arbitrary.;