Shivani Sharma v. Panjab University Chandigarh And ORS

2023:PHHC:107286-DB 1 CWP No. 17962-2023

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No. 17962#2023 (O&M) Date of Decision: 18.08.2023 Shivani Sharma .....Petitioner versus The Panjab University, Chandigarh and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI, JUDGE Present :

Mr. Bhupinder Banga, Advocate, for the petitioner. Mr. Indresh Goel, Advocate, for the respondent#Panjab University.

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       Learned counsel for the petitioner makes an oral prayer for permitting the petitioner to implead the University Business School, Panjab University through its Director as respondent No.3 to the petition in place of Department of Laws, Panjab University, Chandigarh, which has been impleaded as party-respondent No.3 to the petition by mistake. The prayer made is allowed. University Business School, Panjab University through its Director is ordered to be impleaded as party-respondent No.3 to the petition. Necessary correction is directed to be carried out in the memo of parties to the petition today itself.

2.

The petitioner applied for admission in M.B.A. for the session 2023-2024 in the University Business School, Panjab University, Chandigarh under the sports category and had cleared the examination of Common Admission Test of 2022 for Indian Institutes of Management. The petitioner alleges that she is an international athlete in the sport of Inline

2023:PHHC:107286-DB 2 CWP No. 17962-2023 Hockey and has been awarded Gold Medal at the international level. It is asserted that the petitioner is eligible for being granted admission in M.B.A. under Clause/Rule 3 of the Guidelines for Admission to the Reserved Category of Sports which is part of the UBS Handbook of Information-2023. It is alleged that the petitioner has participated in Inline Hockey World Championship in the year 2018, which is part of the Common Wealth Games, Asian Games and Olympic Games. Even otherwise 'Inline Hockey' is a part of Roller Sports as enumerated at Item No.41 in the list of the games (Annexure P-8) which are held under the aegis of the Directorate of Sports, Panjab University, Chandigarh. He submits that inspite of the aforesaid aspect and the directions issued by this Court on 31.07.

2023 in Civil Writ Petition No. 16333 of 2023 for considering the representation of the petitioner and take a decision thereon, the authorities have simply rejected the claim of the petitioner on the ground that achievement of 'Inline Hockey' sport is not a part of MAKA Trophy Guidelines without adverting to the rules and the issues raised by the petitioner and therefore, the respondent-authorities be directed to reconsider the matter by applying its mind to all the issues raised by the petitioner and take a decision thereon in accordance with the rules and the law.

3.

Learned counsel appearing for the respondent-University, on advance copy, fairly concedes that the impugned order (Annexure P-7) has been passed by the respondent-authorities, pursuant to the directions issued by this Court vide order dated 31.07.2023, by simply stating that 'Inline Hockey' is not a part of MAKA Trophy Guidelines without adverting to the issues raised by the petitioner. He submits that the respondent-authorities, if so directed, would re-examine the matter and pass a detailed order and if so

2023:PHHC:107286-DB 3 CWP No. 17962-2023 required would also hear the petitioner personally before doing so. He submits that the said exercise would be completed by the authorities within a period of one week.

4.

In view of the statements made by learned counsel for the parties and taking the same on record, the petition stands disposed of with a direction to the respondent-authorities to re-examine the matter and pass a detailed order in accordance with law within a period of one week and if so required would also hear the petitioner personally before doing so. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 18.08.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√