Punjab-Haryana High Court
Zorawa Singh Chaudhary vs Panjab University And Ors on 18 November, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:154845-DB
CWP-15021-2024 (O&M)
CWP-16152-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CWP-15021-2024 (O&M)
Zorawar Singh Chaudhary
....Petitioner
Versus
Panjab University and others
..Respondents
2.CWP-16152-2024 (O&M)
Zorawar Singh Chaudhary
....Petitioner
Versus
Panjab University and others
..Respondents
Date of decision: 18.11.2024
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr.Amit Sharma (Kanav), Advocate
Mr. Ajay Sharma, Advocate
for the petitioner (in both petitions)
Mr. Subhash Ahuja, Advocate
Mr. Karanveer Ahuja, Advocate
for respondent No. 1 and 2 (in CWP-15021-2024)
Mr. Sanjiv Ghai, Advocate
and Mr. Parminder S.Kaul, Advocate
for respondent No.3 (in CWP-15021-2024)
Mr. Akshay Kumar Goel, Advocate
for respondents (in CWP-16152-2024)
ANIL KSHETARPAL, JUDGE
1. Brief facts of the case:-
1.1 With the consent of the learned counsel representing the
parties, two connected writ petitions namely CWP-15021 of 2024 and
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16152 of 2024 filed by the same petitioner shall stand disposed of by
this common order.
1.2 The petitioner aspires for admission in BA LLB (Five Years
Integrated Course) 2024 in the Panjab University. He has studied in
Bishop Cotton School Shimla and participated in Games organized by
Chandigarh Kho Kho Organization and Kho Kho Federation of India.
5% of the total seats are reserved for admission for sports category as
per prospectus issued on 28.04.2024 by Panjab University. The
admission is based upon an entrance test and marks obtained in
qualifying examination i.e 10+2. The petitioner applied for sports
gradation certificate to Chandigarh Sports Department which has been
rejected by the respondent on the ground that the petitioner does not
fulfill the requirement of resident of Chandigarh as he has not passed the
qualifying examination from school/college located in Chandigarh.
Clause (a) of para 2 of the sports policy dated 05.05.2003 is extracted as
under:-
"(a) Who pass their qualifying
examination from Schools/ Colleges, recognized by
the Chandigarh Administration and situated in the
Union Territory of Chandigarh, as a regular student
of the said School/College, who have studied in
Chandigarh school/college for atleast two years
before applying for gradation certificate, subject to
the condition that such students must represent
Chandigarh State/Schools etc. in the National/other
recognized tournaments."
1.3 It has also been stated in the written statement that the
petitioner failed to submit online application counter signed by the
Departmental Coach of the concerned sport and attested by Secretary of
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the concerned Sports Association. At one stage, provisional sports
gradation certificate was issued to the petitioner in accordance with
interpretation in the Division Bench judgment of this Court dated
14.06.2004 passed in CWP-14471-2024, however, subsequently, the
Administration refused to issue Sports Gradation Certificate as the
Hon'ble Supreme Court has observed while dismissing the SLP has
observed that the said judgment passed on 14.06.2004 shall not be
treated as a precedent in any other matter. The order passed on
12.07.2024 is extracted as under:-
"1. In the peculiar facts and circumstances of
the present case, we are not inclined to interfere with
the impugned judgment and order passed by the High
Court. The special leave petition is, accordingly,
dismissed.
2. However, we clarify that the impugned
judgment and order shall not be treated as a
precedent in any other matter(s).
3. Pending application (s), if any, stand(s)
disposed of."
1.4 As per written statement filed by the University in CWP-
16152 of 2024, the petitioner was advised to appear for skill and game
performance test alongwith original documents for verification on
11.07.2024 at 10:00 am. However, the petitioner failed to submit the
documents. He also failed to prove that Kho Kho Federation of India is
affiliated to Indian Olympic Association. Hence, he stood disqualified
for skill and game performance test.
2. Arguments put forth by the learned counsel representing the
parties:-
2.1 Heard the learned counsel representing the parties at length
and with their able assistance perused the paperbook.
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2.2 Learned counsel representing the petitioner heavily relies
upon the judgment passed by a Co-ordinate Bench of this Court in
CWP-14471-2024 and submits that the petitioner was issued a
provisional sports gradation certificate on 09.07.2024, however,
subsequently, the Sports Department has refused to issue the certificate
after the order passed by Supreme Court. He submits that the petitioner
is entitled to sports gradation certificate because in his case, interim
direction was passed by the High Court before the Supreme Court order.
3. Discussion by this Court:-
3.1 This Court has considered the submissions made by the
learned counsel representing the parties.
3.2 No doubt, a Division Bench in CWP-14471-2024, (decided
on 14.06.2024) directed issuance of sports gradation certificate to a
student who had passed his qualifying examination from Mohali,
however, the Supreme Court has observed that the judgment shall not be
treated as a precedent in other cases as it was passed in the peculiar facts
of the case. In view of the aforesaid, the judgment passed in CWP-
14471-2024 is not a binding precedent.
3.3 Before issuance of the sports gradation certificate, the
requirement of having passed the qualifying exam from school/college
located in Chandigarh is not an unreasonable restriction; as preference
on the basis of residence is accepted norm in view of the judgment
passed by the Supreme Court in D.P.Joshi vs. State of Madhya Bharat
and another AIR 1955 SC 334.
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3.4 Hence, the petitioner who studied from Bishop Cotton
School, Shimla is not entitled to sports gradation certificate. As already
noticed, the petitioner appeared for skill and game performance test on
11.07.2024, however, he failed to produce the requisite documents.
Hence, the petitioner was disqualified from appearing in the
performance test. He has not filed any reply controverting the aforesaid
assertions.
4. Decision:-
4.1 Moreover, the classes for BA LLB course have already
begun and the first semester examination is scheduled to be held w.e.f
02.12.2024.
4.2 Keeping in view the aforesaid discussion, the writ petitions
lack merit and hence dismissed.
(ANIL KSHETARPAL) (SHEEL NAGU)
JUDGE CHIEF JUSTICE
18.11.2024
rekha
Whether speaking/reasoned : Yes
Whether reportable : No
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