1. For the instructions to be imparted in the discipline of B.V Sc/A.H. Programme. The University of Agriculture Sciences And Technology. Jammu, issued an admission notice for the Session 2001 -2002. The petitioner applied for the same. He wanted to seek the benefit of the fact that he has been an outstanding sportsman also The fact that he was seeking benefit of this category was mentioned in the application seeking admission. The name of the petitioner figured in the merit list. This is Annexure E with the writ petition. Against his name, following stipulation was made: "Subject to production of original category certificate." 2. According to the petitioner. he had applied to respondent No. 2 i.e. J&K Sports Council, for giving him the requisite certificate in terms of the Jammu and Kashmir Certification of Outstanding Proficiency in Sports Rules. 1996. According to the petitioner this certificate was not granted to him. 3. In the objections preferred by the respondent No. 2 (J&K Sports Council), it has been mentioned that the certificate could be issued only if the Authority who is to grant admission makes a request to the Council to issue the said certificate if required by a particular candidate. The exact stand taken in this regard in paras 5 and 6 of the objections is being reproduced below:- "That in reply to the submissions made in paras 5 and 6. it is submitted that in view of the fact that the answering respondent had net issued any advertisement inviting applications from the eligible sports persons aspiring for admission to the course with the respondent No 1 as was done by the answering respondent with respect to the selection process of the Competent Authority Entrance Examination, so there was no question of granting the certificate sought by the petitioner from the answering respondent on his own without the respondent No. 1 coming forward to the answering respondent requiring it to undertake and initiate the process for consideration of claims for the issuance of sports category certificates to the admission seekers to the course under sports category with respondent No. 1. It is submitted here that the answering respondent did not issue sports category certificates to any admission seeker for admission to the course in terms of the admission notice No. AU/J/Acad/01/570 dated: 26-06-2001". 4. It is submitted here that the answering respondent did not issue sports category certificates to any admission seeker for admission to the course in terms of the admission notice No. AU/J/Acad/01/570 dated: 26-06-2001". 4. I am of the opinion that the above stand taken by the counsel for respondent No. 1 cannot be sustained. The respondent Council is under a statutory obligation in terms of Rules referred to above to issue a certificate if an application in this regard is made on a proforma. For facility of reference this proforma is being reproduced below: - "Form I to Govt. Order No. 163-GAD of 1996 dated: 22-02-1996. Application for issue of a certificate of having outstanding proficiency in Sports/ Games. To The Secretary, Sports Council, Jammu and Kashmir Govt. Sir, I request that a certificate of being a candidate possessing outstanding proficiency in sports may be issued in my favour. The grounds of my claim and other particulars are given as under: - 1. Name of the applicant. 2. Fathers name. 3. Place of residence i/VilIage/Mohalla iii/Tehsil hi/ District 4. Game/Games in which participated and the level in terms of Rule 2 (A) may be mentioned. 5. Date of submission of application. 6. List of certificates attached. I solemnly declare that the entries made above by me are true to the best of personal knowledge. Signature of the applicant. 5. The above proforma does not any-where indicate that the Sports Council would issue a certificate if there is a prior request by the Institution where admission is to be sought. Even otherwise, the certificate is to be given in terms of Rules 3, 4 and 6 of the Rules referred to above. These Rules are also being noticed below:- "Rule 3: Procedure for submitting the application.- A person claiming benefit of having outstanding proficiency in sports or games shall apply on form I appended to these Rules along with the certificates to the Secretary, Sports Council for grant of certificate. Rule 4: Recommendation of the Sports Council.- The Secretary, Sports Council shall process the applications and after being satisfied that the candidate has participated in any of the sports/games shall grant certificate to the candidate in form II. The applications shall be scrutinized by a Committee comprising Secretary, Sports Council. Director Youth Services and Sports and a representative of the Deptt. of Education. The applications shall be scrutinized by a Committee comprising Secretary, Sports Council. Director Youth Services and Sports and a representative of the Deptt. of Education. Rule 6: Eligibility for claiming benefit under the Sports Category.- Such candidates alone shall be eligible for consideration for selection to professional institutions in the State under the Sports category who append the certificate issued under these rules with the application form submitted by him in pursuance of the advertisement notice issued by the authority competent to invite applications in the State." 6. From the persual of Rule 4, it becomes apparent that the Secretary of the Council is to process the application of a candidate and if he is satisfied that the candidate has participated in the games, then the certificate has to be issued. There is no requirement that before a certificate is issued, a candidate has to produce another notification which is issued by an Authority which is to admit a particular candidate. The Rules have been totally mis-interpreted by the respondent Council. The Rules make mention of the fact that when a candidate seeks benefit under Sports category, then this certificate can be used by that candidate for selection in a professional institution. So far as Rule 6 is concerned, this is meant for the Authority or the Institution winch is to grant admission. Sports Council is not concerned with this Rule at all. The Spoils Council has simply to process the application in terms of Rule 3 and 4 noticed above and once a candidate fulfills the requirement of these Rules, then the Council is under an obligation to grant the certificate. Rule (6). as indicated above is meant for the Institution or the Authority which is to permit a candidate to take part in the process of selection or where a candidate is to seek admission to a professional course. Therefore, the stand taken by the respondent Council in paragraphs 5 and 6) of the objections, which paragraphs stand noticed above, is totally unjustified. On account of remisness on the part of Sports Council, the petitioner, who was otherwise high up in the merit, has been deprived of joining the course. 7. The learned counsel for the Sports Council at this stage submits that the petitioner never applied for the certificate in question. I am of the opinion that this plea is an after-thought and. 7. The learned counsel for the Sports Council at this stage submits that the petitioner never applied for the certificate in question. I am of the opinion that this plea is an after-thought and. in any case, in view of the stand taken by the Council, even if the petitioner had applied, the respondent No. 2 would not have issued the certificate. 8. The further question as to whether the petitioner is entitled to admission at this stage be also examined. 9. As per the respondent University, the admission would depend upon the submission of the aforesaid certificate by the petitioner. 10. The Sports Council is now directed to issue the certificate in favour of the petitions within a period of 15 days from today. This would be done even if the copy of this judgment does not become available to the respondent Council. As and when the certificate is made available to the University by the petitioner. his application be processed in accordance with the law. Incase. it is not possible to admit the petitioner in the Session which has already started, then his case would be processed in the next session on the basis of old result. On account of the wrong stand taken bythe respondent Council, it is burdened with cost These are fixed at Rs. 1, 00,000/- to be paid to the petitioner. Disposed of as such.