Sandeep Barar And Ors. vs State Of Punjab And Others
- SCC(1990) 2 SCC 187
- AIRAIR 1990 SC 600
Ratio decidendi
The rule this decision rests on
Government instructions providing weightage in various grades for admission to reserved seats for sportsmen/sportswomen in medical and dental colleges are superseded by subsequently issued instructions, and instructions from the Director of Sports that conflict with the applicable Government instructions shall be struck down and disregarded in the selection process. Where three candidates have already been admitted pursuant to an interim High Court order based on instructions later found to be invalid, the State may be directed in the interest of justice to create additional seats with the approval of the relevant regulatory body to accommodate those candidates without displacing other admitted students.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. We pronounce our conclusions in the appeals and a reasoned judgment shall be delivered later on. We allow the appeals and set aside the judgment of the High Court dated September 13, 1989 delivered in Civil Writ Petition No. 10623 of 1989. We also set aside the consequential judgments of the High Court dated September 18, 1989 in Civil Writ Petition Nos. 10855 of 1989 and 9745 of 1989. Civil Writ Petition Nos. 10623 of 1989 and 10855 of 1989 filed by those petitioners in the High Court are dismissed. Civil Writ Petition 9745 of 1989 is disposed of in terms of this order.
We direct as under:
a) Admissions, in the three State medical colleges and two State dental colleges for the session commenced in the year 1989, to the seats reserved in favour of sportsmen/sportswomen be made in accordance with the Government of Punjab, Deptt. of Health & Family Welfare notification dated April 21, 1989 (Annexure 'A' in C.A. 4408/1989) read with Government of Punjab, Deptt. of Education instructions dated August 6, 1986 (excluding para 2 which has already been struck down) (Annexure 'B' in C.A. 4408/89).
b) We hold that the Government instructions dated August 30, 1984 providing weightage in the various grades are no longer operative and had been superseded by the instructions dated August 6, 1986.
c) We strike-down the instructions issued by Director of Sports contained in memorandum Sports SDA-VII-86-87-8895 dated 16.9.1986 (mentioned as August 6, 1986 in the High Court judgment) (Annexure 'C' in C.A. 4408/89) and direct that the same be not taken into consideration while finalising the selection.
d) Admission to all the seven seats (six to MBBS and one to BDS) be made as directed by us in this order above, three of the respondents namely Amandeep Kaur Sahota, Blinder-deep Singh Dhanj and Navdeep Walia have already been admitted as a result of the High Court order. In the interest of justice we direct the respondent State of Punjab to create three additional seats with the approval of the Medical Council of India and if such an approval is granted, then these three students be accommodated against the additional seats.
There shall be no order as to costs.
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