High Court Raps Chandigarh Admin For Denying Certificate To Shooter Aspiring To Take Admission In Law School From Sports Quota

The Punjab and Haryana High Court has slammed the Sports Department of Chandigarh Administration for not issuing Sports Gradation Certificate to a national level-shooter who played for the UT, on the ground that he was not a student from school recognised by the Administration.

The sportsperson was aspiring to take admission in law school of Panjab University, through sports quota reservation.

Justice Sandeep Moudgil said, "It would be totally unjust, unfair, arbitrary and irrational to deny issuance of Sports Gradation Certificate to the petitioner on the pretext that he was not a student from the schools/colleges recognized by the Chandigarh Administration and situated in the Union Territory of Chandigarh despite the fact that he is not seeking admission in any of the institutions under the control of Chandigarh Administration."

The Court noted that the petitioner has played at the State and National Level for the Chandigarh team through Chandigarh Rifle Association, which is affiliated to National Rifle Association of India and Chandigarh Olympic Association.

"One should not loose its sight to the fact that participating and representing a State only entitles a sportsmen to play for the country at the highest level in the international arena and, therefore, the petitioner needs to be treated with as a class apart for which provisions are made not only for the purpose of admissions in the academic courses but also in the Government Departments for public appointments by keeping seats reserved under Sports Category," it observed.

Perusing the order passed by the Administration wherein certificate was denied, "passed by though without any endorsement or memo/diary number" the Court said it, "shows high handedness of the authorities which are duty bound to act without any arbitrariness and unfairness as a socialistic welfare state to further justice to the aggrieved i.e. the petitioner, young sportsmen who is aspiring to take admission in B.A./B.Com (Hons.), L.L.B (5 years integrated course) in the premier institute i.e. Panjab University, Chandigarh."

The writ petition was filed by Manraj Singh Chatha, seeking direction to Department of Sports, Union Territory, Chandigarh to grant Sports Gradation Certificate enabling him to get admission in B.A./ B.Com (Hons.) L.L.B. in Punjab University, Chandigarh for the Session 2024-25.

Facts in Brief

Chatha, passed his matriculation and senior secondary certificate examination from a School in Punjab's Mohali. He has participated in the National Competitions in the game of shooting as well as State Championship while representing Chandigarh (U.T. team) at different levels from time to time.

While seeking admission in the B.A./B.com (Hons.)/LLB five years integrated course in Punjab University, Chandigarh, he required gradation certificate for achievements in the game of shooting so that the benefit of 5% of reserved seats under sports category can be availed by him.

Accordingly, he  applied to the sports department, U.T., Chandigarh Administration for the certificate, which was denied by the Administration on the sole ground that as per the policy the petitioner has not passed the qualifying examination from school/college recognized by the Chandigarh Administration and situated in the Union Territory of Chandigarh as a regular student, for atleast two years before applying for gradation certificate.

After hearing the submissions, the Court noted that, "the only reason for rejection of gradation certificate is that according to policy dated 05.05.2003 para 2 (a), the petitioner is not entitled for the same since he was not a regular student of the schools/colleges recognized by the Chandigarh Administration and situated in the Union Territory of Chandigarh."

The Court said, there is no dispute to the fact that the petitioner was not a regular student from any of the schools/colleges recognized by the Chandigarh Administration and situated in the Union Territory of Chandigarh as is the requirement stipulated in the policy.

However, "it is also an admitted fact that the petitioner has represented the Chandigarh team through the Chandigarh Rifle Association, Chandigarh, which is affiliated to the National Rifle Association of India in the State Championship as well as at the National Level on various occasions i.e. to say in the year 2021 in the 45th Chandigarh State Shooting Championship in the year 2022, 65th National Shooting Championship Competitions in Pistol Events (Individual) in the year 2023, 48th Chandigarh State Shooting Championship and in 2023 itself participated in the 66th National Shooting Championship Competitions in Pistol Events, which is supported by due certificates issued by the concerned sports bodies..."

Justice Moudgil highlighted that the "policy" is confined to reservation of seats in such institutions which are under the control of Chandigarh Administration.

Whereas, in the case in hand the petitioner is not seeking admission to any of the schools/colleges of the Union Territory of Chandigarh but in the Panjab University, Chandigarh which is not under the control of Chandigarh Administration, the Court added.

"There is no bar coming forth in this policy letter or from any other document before this Court that the Sports Department, Chandigarh Administration cannot issue Sports Gradation Certificate at all to a sportsman who has represented the Chandigarh team but studied in schools/colleges of other States as is the proposition involved in the case in hand wherein the petitioner was studying in the State of Punjab at SAS Nagar, Mohali but represented the Chandigarh Rifle Association at the State as well as National Levels on various occasions," it opined.

In the light of the above, the Court set aside the order passed by the administration whereby the certificate was rejected.

It further directed that "since the admission process to the B.A/B.Com (Hons.), LLB (five years integrated course) in Punjab University, Chandigarh, that necessary Sports Gradation Certificate as per entitlement shall be issued to the petitioner within a period of three days from the date of receipt of certified copy of this order."

The Court also directed to convey that "the competent authority of the Panjab University, Chandigarh to keep one seat reserved for the petitioner subject to his eligibility and merit in case by the stipulated time the petitioner gets his gradation certificate, the process of admission is to be completed by the University."

Mr. Vishal Aggarwal, Advocate for the petitioner.

Mr. Akshay Kumar Goel, Advocate for respondent Nos.1 and 2.

Mr. Sanjiv Ghai, Advocate for respondent No.3.

Mr. J.S. Rattu, DAG, Punjab.

Title:  Manjraj Singh Chatha v. Panjab Univ. & Ors.

Citation: 2024 LiveLaw (PH) 225

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