Rakesh Kumar Jain, J. - (1.) This order shall dispose of two petitions bearing CWP Nos. 17777 and 23968 of 2015 as the issue involved in both the petitions is common. However, the facts are being extracted from CWP No. 17777 of 2015.
(2.) The petitioner passed 10+2 examination in the year 2015 from Green Land Senior Secondary Public School, Ludhiana, affiliated with the CBSE and secured 80.4% marks. He participated in the State Roller Skating Hockey Championship held on 21.12.2012 to 23.12.2012 at Chandigarh, in 50th National Roller Skating Championship/Inline Hockey Event, 2013 held at Noida on 21.01.2013, won Silver Medal in 51st Roller Hockey and Inline Hockey Tournament held at Sirsa from 11.12.2013 to 15.12.2013, participated in 52nd Roller Hockey & Inline Hockey Championship, held at Mumbai in the month of January, 2015 and in World Inline Roller Hockey Men Championship held at Toulouse, France from 30.06.2014 to 14.07.2014.
(3.) The petitioner appeared in the entrance written examination for admission to B.A. LL.B./B.Com. LL.B. 5 Years Integrated Course offered by the University Institute of Legal Studies (hereinafter referred to as the "UILS") under Roll No. 103139 and secured 765th rank in the merit list of B.A. LL.B. and 1064th rank in B.Com. LL.B. The petitioner applied to the Vice Chancellor of the Panjab University, Chandigarh (hereinafter referred to as the "University") on 15.06.2015 and to the Director, UILS, Panjab University on 22.07.2015 for admitting him under the 2% sports quota as per Clause 9 of the Guidelines for Admission to the Reserved Category of Sports by creation of additional seats and also submitted his request dated 22.07.2015 to the Secretary, Bar Council of India, New Delhi (hereinafter referred to as the "BCI") to sanction 2% additional seats in sports quota. It was allegedly informed by the University on 23.07.2015 that pursuant to his letters dated 15.06.2015 and 22.07.2015, letter has been written to the BCI for sanctioning of creation of 2 additional seats under the sports category, 1 each for B.A. LL.B. (Hons.)/B.Com. LL.B. (Hons.) vide letter No. UILS/15/1195 dated 15.07.2015, but no reply was received. The petitioner then filed CWP No. 15913 of 2015 titled as "Arjun Sood v/s. Panjab University & others" for a writ in the nature of mandamus to treat him eligible under the sports quota and admit him in B.A. LL.B. (Hons.) but the said writ petition was withdrawn on 05.08.2015 in order to approach the authorities of the University. Accordingly, the petitioner approached the Director of Physical Education, Department of Sports with his application dated 06.08.2015 but he was advised that instead of writing to the Department of Physical Education, he should write to the Department of Sports and hence, the petitioner submitted his application to the Department of Sports, who forwarded his application to the Chairperson of the UILS on 11.08.2015. On 18.08.2015, the petitioner was provided information that the permission of the Vice Chancellor of the University has been obtained regarding admission under 2% sports category. It is also alleged that the trial of the petitioner was conducted on 20.07.2015 and was awarded B -1 grade. It is averred by the petitioner that the total strength of the course of B.A. LL.B. course is 120 seats + 12 NRI seats and similarly the total strength in the B.Com. LL.B. (Hons.) is also 120 seats + 12 NRI seats and in case 2% sports quota are created in terms of Clause 9, it would come to 5 number of additional seats in both the streams and since there are only 3 students including the petitioner, who come under Clause 9 and are eligible in the said 2% sports quota, the petitioner can be given admission. It is also alleged that in the past as well, a number of sports persons like the petitioner, of the same sport i.e. Roller Skating Inline Hockey, have been given admission, namely, Amol Sood in B -Pharma (2010 -2014), Arjun Bajwa in University Business School (UBS) (2010 -2012) and Aman Sood in B -Pharma (2013 -2017). The petitioner has relied upon Clauses 4 and 9 of the Guidelines for Admission to the Reserved Category of Sports, which are reproduced as under: - - "Clause 4: Reservation under Sports Category is meant only for those active sports person who would participate in the Campus, University, National, International level sports tournament. Such students will be considered for admission only if: "(i) Their achievement in sports relates to their activities in any of the three years immediately preceding the year of admission (relaxable to 4 years in exceptional cases, on merit, for outstanding sportspersons). (ii) If they are otherwise also eligible for participation in Inter College, Inter University, National and International Sports Tournament as per Association of Indian Universities rules (see Annexure II). (iii) If the performance of the candidate in the trial is not satisfactory, his/her candidature can be rejected. (iv) No document including affidavit etc. will be accepted after the last date of submission of admission form neither by the concerned Department nor by the Directorate of sports. However, in case any sports person earn any achievement upto June 30, 2015 he/she may submit supplementary copy of the document to the concerned deptt. as well as Directorate of Sports along with additional affidavit. (v) At least two times sports participation in the same game is compulsory for the students seeking admission under this category (within the prescribed period of three years i.e. from 1st July, 2012 to 30th June, 2015). The admission is Sports Category will be purely on the basis of gradation criteria given in Annexure -V, however the minimum level of sports participation to be considered for supporting certificates will be Inter School (State Level)/Inter College/State Participations." "Clause 9: The case of sports person with achievements in games/disciplines, not include in Annexure -I but excelling at International level, shall be recommended by University Director of Physical Education and may be considered by the Vice -Chancellor for admission to a particular course by creating an additional seat to the extent of 2% seats in the respective course. These seats shall be treated as being in addition to the approved strength of the course in the year only. Sports person wishing to avail Clause 9 should submit a separate application along with the concerned department's Admission Form." "Annexure -1 Following are the Games/Discipline on the basis of achievement in which claims to admission in the category of Reserved Seats for Sports can be considered. ;