Master Saurabh Dahiya vs Chandigarh Administration and Others

J.S. Narang, J.

1.The petitioner qualified 10+2 examination (Non Medical) from the Central Board of Secondary Education in first division in the year 2001. He had appeared as a regular student of D.A.V. College, Sector 10, Chandigarh. After securing the qualifying marks in the aforesaid examination, he appeared in the Combined Entrance Test (hereinafter referred to as, ''CET'') for seeking admission to the course of Bachelor of Engineering (hereinafter referred to as, ''B.E.'') or Bachelor of Architecture (hereinafter referred to as, ''B.Arch''), the courses offered by Punjab Engineering College, Chandigarh and College of Architecture, Chandigarh. He had applied for seeking admission in the department of Chemical Engineering and Technology, Punjab University, Chandigarh as well. The GET was scheduled to be held on May 19, 2001. The petitioner appeared in the examination held at the scheduled centre. He was declared successful by securing 186 marks otu of the total of 300 marks, resultantly he ranked at 1081, it may be notices that for the seats offered to the candidates from the Union Territory of Chandigarh, a separate ranking was maintained and in that, the petitioner was placed at 241.

The petitioner at the time of filing the applications for appearing in the GET had specifically claimed seat against the sports category. A total number of seats offered by the Punjab Engineering College were defined as 385 out of which 321 were earmarked for candidates who were regular students in 10+1 and 10+2 in schools/colleges recognized by Chandigarh Administration and situated in Union Territory. 56 seats were earmarked for the candidates belonging to the other categories. Eight seats were reserved for sports persons open to all categories.

The petitioner staked his claim in the sports category as he had allegedly represented U.T. Chandigarh in the 29th Senior National for Men in the discipline of Handball held at Bhilai, Chhatisgarh in January 2001. He was placed at first position while representing Handball Club - 23rd at the 21st Senior Chandigarh State Handball Championship 2000 held from September 27 to September 29, 2000 at Chandigarh. He had applied for gradation certification to respondent No. 4 well before the last date for submission of the application form. Resultantly, he was required to appear for the sports trial on June 21, 2001. The trials were to be held at Chandigarh by the Committee of at least three persons constituted by the Home Department, Chandigarh Administration as envisaged under Rule 2.2.4.9. The said Rule reads as under:-

"A committee, of at least three persons, constituted by the Home Department, Chandigarh Administration shall screen all applications under this category through interview and ascertain their competency through a trial on the sports ground and give the necessary grading as mentioned in para 2.2.4.5 above. The ate, time and venue of the sports trials will be notified separately by the Director of Sports, Chandigarh Administration. Any applicant who fails to appear in the trial on the notified date will not be considered for admission in this category. The applicant is required to produce original certificates at the time of trails. The committee shall be competent to cancel any certificate at any time, if it is found to have been issued on a false/incorrect information or record."

Admittedly, the gradation certificate was to be issued by the director Sports, Chandigarh Administration after holding the trials in all the disciplines of sports. The last date for submission of the application forms was June 28, 2001.

Respondent No. 4 i.e. The Director sports, Chandigarh administration did not issue the gradation certificate and that the petitioner had approached the office of the director almost every possible and lastly on June 27, 2001. It was informed that the requisite certificate could not be issued for want of availability of some of the members of the committee, who had held the trials on June 21, 2001. Since the other members of the Committee were not available, respondent No. 4 issued a provisional gradation certificate on June 27, 2001, copy has been appended as Annexure P-3.

The petitioner submitted his application form alongwith the provisional certificate issued by respondent No. 4 on the last date of submission of the form i.e. June 28, 2001. The counselling of the general category and other categories was scheduled to be done on the scheduled dates as notified by the college. Some of the candidates had questioned the denial of right to them viz-a-vis their claim to the general categories and so also the sports category. The counselling was stayed by this Court and ultimately the interim order was vacated in the month of August. Resultantly, the counselling was held in the month of August of all the categories.

The petitioner did not find his name in the list notified for counselling in the sports category. An enquiry was made by the petitioner and it transpired that his claim was not being considered in the sports category as he had not appended the original sports gradation certificate to be issued by respondent No. 4. The provisional certificate as appended by the petitioner though issued by respondent No. 4, had not been accepted by the authorities.

However, he staked his claim while appearing as a candidate in the general category. He was given the birth but lower down in rank, resultantly, could not get admission in the discipline of his own choice.

The claim of the petitioner having been denied by the authorities, so far as the sports categories is concerned, on the basis that original certificate had not been produced by him which was required to be issued by respondent No. 4, has been made subject matter of challenge in this petition.

Respondents No. 1 and 4 filed reply to the petition. The stand is that as envisaged under Rule 2.2.5.3, the gradation certificated issued by the Director of Sports, Union Territory, Chandigarh if not produced alongwith the application his candidature shall not be entertained against the sports category. It shall be apposite to note that the petitioner had obtained the original certificate issued by respondent No. 4 but on June 29, 2001. Thus, admittedly, the original certificate had not been filed ly the petitioner on the date when the applications were scheduled to be submitted. In the absence of the original certificate, the petitioner has been treated against the general category and resultantly the counselling was accorded accordingly. It is the case of the petitioner himself that he has obtained he original certificate on June 29, 2001 i.e. one day after the scheduled date i.e. June 28, 2001.

Counsel for the respondents further argued that the petitioner was not entitled to be considered against the sports category as he was not able to produce the original certificate required to be issued by the committee for his having earned the requisite grade and resultantly (fie Category in which he has been placed. The provisional certificate could not have been entertained as there is categoric requirement that the candidate was required to obtain gradation certificate from Director of Sports, Union Territory, Chandigarh and attach the same with the admission application and that if no such certificate is attached, the application shall not be entertained and that the certificate shall not be accepted after the last date of receipt of the application. It has also been provided under Regulation 1.3.8 that the original certificates are required to be produced and if on selection the originals are not produced, such selection shall stand automatically cancelled and the vacancy so caused shall be offered to the candidates next in order of merit. In this regard, reference has been made to regulation 2.2.5.3 and 1.3.8, which read as under:-

"2.2.5.3 - The candidates for sports category shall obtain gradation certificate from Director of Sports Union Territory, Chandigarh and attach the same with the admission application. In the absence of gradation certificate the application shall not be entertained. No gradation certificate shall be accepted after the last date of receipt of application.

1.3.8 - The candidature of those eligible candidates, who do not deposit the prescribed fees in full and original certificates immediately after selection, shall stand automatically cancelled and vacancies so caused offered to the candidates next in order of merit. No correspondence or appeals in this connection will be entertained. The attested copies of the certificates or similar other documents will not be entertained for granting the admission to a candidate to the B.E./B. Arch Course."

It is maintained by the learned counsel for the respondents that there is no provision to accept the provisional certificate, resultantly the respondents have correctly declined to accept the application of the petitioner against the sports category.

After hearing the learned counsel for the parties, I am of the view that the provisional certificate issued by the same authority, could not have been ignored. The petitioner had appeared in the trial before the committee upon the date specified and that it was obligatory on the part of the committee to have issued the gradation certificate signed by the Director of Sports, Chandigarh but unfortunately the certificate could not be issued due to the lapse on the part of the authority which was required to issue such a certificate. It is stated that some member(s) had been deputed on official duty and therefore, was not available, in this situation, the petitioner cannot be made to suffer. Admittedly, the Director did issue the certificate on the next date which has been duly produced before the authorities.

The perusal of the Regulation shows that there is no bar for production the provisional certificate issued by the same authority. If such strict meaning is attributed to the Regulation, the authority given to a person such as Director of Sports may become too dangerous, for example, if there are two candidates applying against a sports category, and the person who is ranking at No. 1 is unable to obtain the original certificate/gradation on account of the delay having been caused by the competent authority but the certificate is given to the candidate at No. 2, the right of candidate at No. 1 would be jeopardised at the instance of that authority. The principle dicta laid down from time to time by this Court and by the Apex Court categorically provides that if any act is obligated to be performed by an authority and is not performed for the reasons attributed to the authority, be it official or otherwise, the recipient should not be made to suffer or loose the right earned/acquired.

In the case in hand, such situation did arise. It is not the mistake of the petitioner. He had appeared for the trial well in advance and that the Director of Sports, Chandigarh was required to issue certificate regarding his grading in the sports category accordingly but till the last date, despite efforts made by the petitioner, by going to the office of director of Sports, Chandigarh, certificate was not given to the petitioner on the plea that one of the members has gone out on official duty. However, a provisional certificate was issued by the office and was sought to be produced before the authority but the application was not entertained and the candidature of the petitioner was considered to be general candidate, resultantly, he was unable to get admission into the discipline of his choice. Whereas, if he had been considered in the sports category, he would have been entitled to the discipline of his choice.

In the facts brought on record in this case, I am satisfied that there is no fault on the part of the petitioner and that the petitioner having been given the provisional certificate was well within his rights to present the application and that the original certificate having been issued on the next date, the acceptance of which could not have been declined by the authorities. The perusal of Regulation 1.3.8 shows that the original certificate is required to be produced after the selection Resultantly, the application could not have been declined by the authority till the selection. It is only on selection the original certificate was required to be produced. The perusal of the Regulation also shows that the provisional certificate issued by that very authority cannot be ignored being not the original. Thus, the authorities have erred gravely in declining to accept the application alongwith the provisional certificate. Resultantly, the petition is allowed and the respondents are directed to entertain the application as if the same had been field on the due date prescribed accordingly. If the petitioner earns the grade and, is found entitled to ad- I mission in the discipline of his choice available in sports category, he shall be entitled to admission in the said discipline. Since the mistake is not on the part of the petitioner and if there are no seats, the authorities shall create a seat and grant the relief to the petitioner accordingly. The petition is allowed in the above terms with no order as to costs.