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High Court of Punjab and HaryanaCWP/13340/2016disposed of

Raghav Sood v. State Of Punjab And ORS

2016-08-09Mr. Justice A.B. Chaudhari2 pages

CWP No. 13340 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 13340 of 2016 Date of decision: 09.08.2016 Raghav Sood ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Rajiv Atma Ram, Sr. Advocate, with Mr. J.P. Mittal, Advocate, for the petitioner.

Ms. Lavanya Paul, AAG, Punjab.

Mr. Rohit Samhotra, Advocate, for respondent no. 4.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks direction against the respondent-State to modify the gradation certificate issued to the petitioner on 06.07.2016 (Annexure P-21) and to categorize the petitioner's category 'A' instead of 'B'. Prayer is also sought for admission of the petitioner in the MBBS course for session 2016 as per the sports gradation certificate category 'A'. The grouse of the petitioner was that in spite of representing the country in the senior men in the World Roller Inline Hockey Championship in Rosario, Argentina, he was not being given the benefit of the said participation, which would have entitled him for the 'A' grade certificate. Short reply by way of affidavit on behalf of respondent no. 3 has been filed by Mr. Rahul Gupta, PCS, Director (Sports), Punjab and it has been deposed that the sports gradation certificate (Annexure R-2/T) has SHIVANI GUPTA 2016.08.11 12:30 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 13340 of 2016 been issued in view of the order dated 01.08.2016 (Annexure R-1/T). Counsel for the petitioner submits that he has apprehensions that the university would not consider the said certificate since the cut off date was 15.07.2016 as per Annexure P-23.

It is not disputed that the petitioner had approached this Court by filing the present writ petition on 08.07.2016 and notice of motion was issued on 12.07.2016. The petitioner has sought the modification of the gradation certificate. Merely because the earlier certificate was not as per the achievement of the petitioner, would not debar him as such from placing reliance upon the subsequent certificate issued on 01.08.2016. Accordingly, the respondent-university shall consider the case of the petitioner on the strength of the certificate issued on 01.08.2016 and grant admission if the petitioner falls within the zone of consideration. With the above said observations, the present writ petition stands disposed of.

09.08.2016 (G.S. SANDHAWALIA) shivani JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No SHIVANI GUPTA 2016.08.11 12:30 I attest to the accuracy and integrity of this document Chandigarh