Dev Gupta v. PEC University of Technology, Sector 12, Chandigarh
2023-07-14
ARUN PALLI, RAVI SHANKER JHA
body2023
DigiLaw.ai
JUDGMENT Mr. Ravi Shanker Jha, CJ. (Oral) These petitions have been filed by the petitioners being aggrieved by the prescription of 75% aggregate marks, as an eligibility condition in the qualifying examination, for the purpose of granting admission in Engineering Courses under sports quota to the extent of 2% in each discipline that has been reserved, in terms of the decision of Chandigarh Administration and the Punjab Engineering College. 2. Learned Senior Counsel for the petitioners point out that the eligibility criteria that has been prescribed for the sports persons is the same that has been prescribed for general category candidates. They submit that after crossing this barrier, the criteria of merit loses its significance, as the policy prescribes that inter se merit of sports persons would be determined on the basis of their gradation in the concerned sports, as granted by the respondent authorities and the marks obtained in the Joint Entrance Examination (JEE) would have no relevance, for the purpose of determining inter se merit of the candidates of sports category, except in case where there is a tie in sports and defence category. 3. We have heard learned senior counsel for the petitioners as well as counsel for the respondents. 4. In view of the settled principles of law, we are of the considered opinion that the matter needs to be first considered by the concerned competent authorities, i.e. Chandigarh Administration and the Punjab Engineering College (respondent No.1). Even the petitioners have already approached the above said authorities vide their respective representations, which are pending consideration. 5. In the light of the aforesaid circumstances and without expressing any opinion on the merits of the issues raised, both these petitions are disposed of, directing the Chandigarh Administration and Punjab Engineering College (respondent No.1), to conjointly examine the representations of the petitioners, under the supervision of the Principal Secretary, Technical Education, and take a decision thereon expeditiously, preferably by the end of next week. However, while taking a decision in the matter, the authorities shall consider all the issues raised by the petitioners. 6. Copies of the petitions be supplied to the counsel for the respondents. 7. Both the petitions are disposed of accordingly.