Surinder Pal Kaur vs State of Punjab and Others

V.K. Ball, J.—Surinderpal Kaur through present petition filed by her under Article 226 of the Constitution of India seeks writ in the nature of certiorari so as to quash selection/ admission of respondent No. 3 in the sports category for admission to the Elementary Teachers Training Course primarily on the ground that she is not eligible to be granted admission in sports category as she does not answer the criteria spelled out in instructions Annexure P-1 as per her sports gradation certificate and therefore irrespective of the fact that she was higher in merit in the entrance test, she has to make way for the petitioner.

Brief facts entitling petitioner to admission in sports category in the course under contention and in consequence thereof to set aside the admission granted to Kuldip Singh respondent No. 3 need a necessary mention.

Respondent-State issued an advertisement for admission to Elementary Teachers Training (hereinafter referred to as ETT) course being run by the Education Department of Punjab Government Admissions were to be made on the basis of entrance test to be held on 7.2.1999. It is the case of the petitioner that two per cent seats were reserved for outstanding sportsmen/women. But to earn admission in this category, there was a precondition that in sports category a candidate should have A, B, C or D certificate. However, candidates having higher marks in the entrance test were to be granted admission irrespective of lower gradation in the sports category. To restate, if a candidate had obtained more marks in the entrance test but in sports gradation, he was lower than the candidate who had obtained less marks in the entrance test, it is one with the more marks who shall have precedence for admission.

Official respondents declared the result of ETT test on 8.2.1999 according to which respondent No. 3 was selected against the category of sports women whereas the petitioner was shown in the waiting list at No 1. It is the case of the petitioner that it was mentioned in the Prospectus that only those candidates in the sports category will be considered who have gradation certificate of A, B, C, or D and as per instructions dated 10.12.1997 case of respondent No. 3 could not be kept under the reserved category of sportsmen/women for the reason that she has the gradation of category C certificate and that too of participation which was no longer valid. In other words, it is the case of the petitioner that sports credentials of respondent No. 3 did not answer the pre-requisite as contained in the instructions according to which alone various gradation certificates could be issued by the department. On the other hand, petitioner is said to be player of Hand Ball, participated in District Hand Ball Championship for Women in the years 1995-96 and 1996-97and got first position in both the tournaments. She was given D grade certificate which was issued to her on 29.4.1998.

The cause of the petitioner has been opposed in two sets of written statements, one filed by respondents Nos. 1, 2 and 4 and other by respondent No. 3. In the written statement filed on behalf of respondents 1, 2 and 4 through Daljit Kaur Chadha, Convener Elementary Teachers Training Entrance Test, 1998-2000-cum-Director of Public Instructions (Primary) Punjab, the defence projected relevant to the issue under consideration is that 2% seats reserved for sportsmen/women against sports reserve category was to be granted as follows:-

"If the candidates acquire minimum qualification under serial No. 10 (Any of the certificates in the grade of A, B, C or D issued by the Sports department), then their admission will be made in the Elementary Teacher''s Training (E.T.T.) as per merit on the basis of marks obtained in the entrance examination. If the two candidates are having equal marks in the entrance test, then their admission will be made on the inter-se-merit fixed as per the gradation certificate issued by the Sports Department. If the gradation is also the same, then the admission will be made on the basis of date of birth i.e. seat will go to the sportsman/sportswoman, who is senior in age meaning thereby that who is born earlier."

Respondent No. 3 Kuldip Kaur secured 67.50 marks whereas petitioner Surinderpal Kaur secured only 63.00 marks. Regarding validity of the gradation certificate, instructions had already been issued to the Principles of District Institute of Education and Training to obtain fresh gradation certificate dated 12.3.1999 (Annexure R-1). It is pleaded that the petitioner is holder of D grade certificate. She had secured only 63% marks in the entrance test whereas Kuldip Singh respondent No, 3 has secured more marks than her. It is further pleaded that respondent No. 3 was entitled to D gradation certificate. Nothing at all with regard to instructions on which respondent No. 3 obtained sports gradation certificate and as to whether the instructions now in vogue would entitle the said respondent to earn D grade sports has at all been mentioned in the written statement.

In so far as respondent No. 3 is concerned, she pleads that answering-respondent played thrice in the game of Handball and was awarded C grade representing State in Faridkot, Patiala and Tal wara in the year 1997. The grade of respondent No. 3 was better i.e. C which is meant for Inter-District Competition and in the circular dated 10.12.1997 in grade C category it has been stated that sportsman/woman who have achieved first, second and third position in the following tournaments/championships/meets will only be graded:

(i) Position holder of Punjab State Championship for Senior or Junior organised by Punjab Sports Department/Punjab Olympic Association.

(ii) Position holder of Inter District State Championship organised for Senior and Juniors under the banner of Punjab Olympic Association/Punjab Sports Department/State, Sports Association.

(iii) Position holder of State School Games organised by Education/Sports Department.

It is then pleaded that respondent No. 3 participated in Punjab School Games that comes in the category (iii) of the Grade C of the Circular. It is then pleaded that respondent No. 3 is holder of position in individual which is a pre-requisite for acceptability in the higher grade i.e. for participation. In Clause 7 of the circular it is mentioned that participation in the lower grade as a playing member in team event and position holder in individual would be a pre-requisite for acceptability in the higher grade i.e. for participation in National, one has to be member of the State in team game and position holder in individual games. It is then pleaded that in Clause 16 it is mentioned that order would come into force w.e.f. 1.1.1998 whereby all earlier orders would stand superseded but it was not mentioned that gradation certificates which have been earlier issued prior to this notification would be redundant. The circular orders which have been issued have their effect prospectively and not retrospectively. The answering-respondent as per condition of this circular submitted her sports achievement certificate alongwith the affidavit to the Department of Sports Punjab for gradation and she received proper gradation certificate bearing No. 15552 dated 14.7.1997 with photograph and seal whereas petitioner received her Sports Certificate No. 15883 dated 29.4.1998 without any proper seal or photograph showing her participation on Dev Samaj School Club. It is further pleaded that the action of the respondents in selecting the answering-respondent was correct as she was higher in merit in the entrance test and had C grade sports certificate.

Mr. Patwalia, learned Counsel representing the petitioner vehemently contends that action of respondents in considering the claim of respondent No. 3 in the reserved category of sports on the basis of gradation certificate which is invalid as per instructions dated 10.12.1997 is totally arbitrary and illegal. In the context of the contention of the learned Counsel, as noted above, it would be relevant to examine the instructions dated 10.12.1997 and the sports certificate of respondent No. 3 Kuldip Kaur Annexure R-3/5. The relevant instructions dated 10.12.1997 have been produced on the records of the case as Annexure P-1. These instructions, deal with issuance of sports gradation certificate-reservation of seats for sportsmen/women in technical/medical and preferential treatment in services of the State Government. As mentioned above, these instructions came to be issued on 10.12.1997. First paragraph of these instructions reads as follows:

"I am directed to refer to Punjab Govt. instructions contained in Circular letter No. 47/10/83-5 Edu(5) 1999 dated 4th August, 1992 and No. 47/26/83-7-IB/ 2238 dated 14.5.1993 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 Certificate for entitlement to the concessions based thereon."

Second paragraph of these instructions deals with various Grades A, B, C and D. Paragraphs 12, 15 and 16 of these instructions read as follows :

No certificate shall be graded after five years have lapsed in issuance of the certificate.

xxx xxx xxx 15. The entire State of Punjab will have uniform gradation policy as specified in this order. No educational institution or otherwise will deviate or form a separate criteria or guidelines from criteria/policy as laid down in this order. The final lists will be approved by the Directorate of Sports responsible for issuance of Sports Gradation Certificate.

This order will come into force w.e.f. 1.1.1998 whereby all earlier order would stand superseded.

From perusal of various clauses of these instructions and which have been reproduced above, it would, thus, transpire that the instructions in hand are by way of revision of the earlier criteria for grant of sports gradation certificate for entitlement to the concession based thereon. Further, no certificate shall be graded after five years have elapsed in issuance of the certificate and the entire State of Punjab has to have uniform policy as specified in these instructions. Paragraph 16 in terms states that it will come into force w.e.f. 1.1.1998 whereby all earlier orders would stand superseded. It may be recalled at this stage that admissions to the course are to be made on the basis of entrance test which was held on 7.2.1999 by which date instructions Annexure P-1 had already come into being even though with effect from a later date i.e. 1.1.1998. It may further be recalled that in so far as official respondents are concerned, they have not given any specific reply based on instructions Annexure P-1 and entitlement of respondent No. 3 to earn gradation in the sports certificate as per her sports credentials. The reply filed on behalf of respondent No. 3 is also quite evasive on this issue. That being the situation, one has no choice but for to find out on the basis of instructions Annexure P-1 sports credentials of respondent No. 3 spelled out in Annexure R-3/5 as to whether she was entitled to any gradation whatsoever. Sports certificate gradation issued by the Director of Sports Punjab Annexure R-3/5 is extracted in its entirety :

"No. Sports 15552 Directorate of Sports Punjab Seal Sports Gradation Certificate

Certified that Miss Kuldip Kaur daughter of Shri Kahan Singh resident of Basti Bhatianwali, Gali No. 5, Ferozepur was in Handball Game from this Directorate of District Ferozepur. She is awarded School Representing ''C'' Grade of Sports Woman.

Her sports achievement are verified as under:

Team represented

Name of Competition

Dates

Venue

Position obtained

Distt. Ferozepure

Pb. School Sports

1990-91

Faridkot

Participated

Distt. Ferozepur

Pb. School Sports

1991-92

Patiala

Participated

Distt. Ferozepur

Pb. School Sports

1992-93

Talwara (Hoshiarpur)

Participated

Sd/- Director Sports, Punjab. SCO No. 116-117, Sector 34A, Chandigarh 14.7.97"

Respondent No. 3 has a team representation in Distt. Ferozepur Punjab School Sports in Handball in 1990-91. The event is said to have taken place at Faridkot. She also had team representation in Distt. Ferozepur Punjab School Sports in Handball in 1991-92. The venue of the event is said to be at Patiala. She also represented the team of District Ferozepur, Punjab School Sports in 1992-93. Under column position obtained, all that is mentioned is that she has participated. All participation certificates which pertain to 1990-91, 1991-92 and 1992-93 happen to be five years prior to the admission in the course under contention. Participation certificates by the institutions which were represented by the petitioner in the concerned event, ought to have been given in the years respondent No. 3 actually participated and yet Director Sports has graded the certificate on 14.7.1997. That apart, nothing at all has been mentioned in Annexure R-3/5 as to at what level the petitioner had participated in Handball game; whether it was school sports, college sports, inter-university sports, the State sports or All India sports. The matter does not rest there as under the relevant criteria of Grade C spelled out from Annexure P-1 of the instructions for the year 1997, it is further quite clear that sportsmen/women who have achieved 1st, 2nd and 3rd position in the following tournaments/championships meets would only be graded:

"(i) Position holder of Punjab State Championship for Senior and Junior organised by Punjab Sports Department/Punjab Olympic Associations.

(ii) Position holders of Inter District State Championships organised for seniors and juniors under the banner of Punjab Olympic Association/Punjab Sports Department/State Sports Association.

(iii) Position holders of State School Games organised by Education/Sports Department.

True, in so far as team events in sports are concerned, no one can individually obtain first, second or third position but it has remained undisputed during the course of arguments that in such a case, first, second and third position of the team as a whole has to be seen. In sports gradation certificate Annexure R-3/5 all that is mentioned is that the petitioner participated in team represented by District Ferozepur in the years 1990-91, 1991-92 and 1992-93.

From the facts as have been given above, two basic pit falls, that confront respondent No. 3 in not earning any gradation as per instructions Annexure P-l would be that sports gradation in her case has been done in 1997 to be precise on 14.7.1997 on the basis of participation of the petitioner which is far prior to five years when the concerned institute must have issued sports certificate to respondent No. 3. The second is that the respondent No. 3 only participated and that as per criteria spelled out from grade C, Annexure P-1, a sportsman/woman had to achieve first, second or third position. Even if there be doubt as to whether respondent No. 3 participated in Punjab State Championship or inter-district State Championship or State School games, the team that she represented is not said to have achieved first, second or third position.

In view of the discussion made above, this petition succeeds. A writ is issued to the official respondents to admit petitioner in the course under contention being in merit at waiting list No. 1 in preference to respondent No. 3 whose admission in the sports category is found to be not in order and, in fact, against the one prescribed for admissions in the sports category. If, it would be possible for official respondent to accommodate respondent No. 3, admission given to her may not be disturbed but in case with a view to accommodate the petitioner, it becomes necessary to ease out respondent No. 3, official respondents shall do the same. Parties are, however, directed to bear their own costs.

Before I may part with this order, I would like to mention that Savinder Singh, Superintendent, Director Sports who was present in this case during the course of arguments, was asked to explain as to how and in what manner sports gradation could be done in the case of respondent No. 3 pursuant to instructions Annexure P-l dealing with the gradation as also whether instructions Annexure P-l alone would hold the field. He candidly admits that instructions Annexure P-1 do hold the field and as per criteria spelled out therefrom respondent No. 3 was not entitled to any gradation in sports category.