Issue sports gradation certificate to non-Chandigarh pupil: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, June 24

The Punjab and Haryana High Court declared “unjust, unfair, arbitrary, and irrational” the denial of a sports gradation certificate to a sportsman solely because he was not a student from a school or college recognised by the Administration and located within the Union Territory of Chandigarh.

The vacation Bench of Justice Sandeep Moudgil and Justice Deepak Gupta also directed the issuance of “necessary” sports gradation certificate, in accordance with entitlement, to the petitioner, Manraj Singh Chatha. For the purpose, the Bench set a three-day deadline. The directions came as the Bench observed that the process of admission to BA/BCom (Hons), LLB (five-year integrated course) in PU was on.

Chatha had moved the court for the grant of certificate to enable him to get admission to BA/BCom (Hons) LLB (five-year integrated course) at PU. Acting on his plea, the Bench had earlier asked the Joint Director, UT Department of Sports, to appear in the court.

“To our utter dismay, instead of considering the case of the petitioner as per law, the senior officer of the UT sports department, who himself sought time to do the needful, came out with a speaking order dated June 13, itself denying the issuance of sports gradation certificate to the petitioner on the same lines as was averred in the written statement and submissions made before this court on June 13, which is nothing less than repetition of the stand after which he requested for time as noticed hereinabove,” the Bench observed.

The Bench also rapped the authorities for high-handedness in passing a speaking order without an endorsement or memo/diary number, highlighting a failure to act without arbitrariness and unfairness. As a socialistic welfare state, the authorities were duty-bound to ensure justice for the aggrieved petitioner, a young sportsman aspiring to secure admission in a premier institute, the Judges observed.

The Bench added the certificate was denied on the sole ground that the petitioner had not passed the qualifying examination from a school/college recognised by the Administration and situated in Chandigarh as a regular student for at least two years.

The Bench asserted a policy provided for reservation in admission under the sports category in the schools/colleges recognised by the Administration and situated in UT. But the petitioner was not seeking admission to a UT school/college, but Panjab University, which was not under the Administration’s control.

The Bench noted that no “bar” was “coming forth” in the policy letter or from any other document before the court that prevented the UT Sports Department from issuing the certificate to a sportsman who represented the Chandigarh team but studied in schools or colleges in other states, as was the situation in this case. The Bench observed the petitioner was studying in Mohali, but had represented the Chandigarh Rifle Association at the state as well as national levels on various occasions.