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2025 DAILYLAW 81349 (PNJ)

DISHITA GUPTA v. STATE OF PUNJAB AND ORS

CWP/20335/2025 · 2025-09-09

Rohit Kapoor, To Be Nominated

body2025

Judgment text

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130+254 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM-12948-CWP-2025; CM-12949-CWP-2025 in/and CWP-20335-2025(O&M) Date of Decision: 09.09.2025 DISHITA GUPTA ...PETITIONER Vs STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR Present:- Mr. Sunil Kumar Garg, Advocate for the petitioner. Mr. Chanchal K. Singla, Addl. AG, Punjab. Mr. K. D. Dadwal, Advocate for respondent No.4. **** ASHWANI KUMAR MISHRA, J. (ORAL) 1. Petitioner is desirous of seeking admission in MBBS Course in sports category. She has been placed in Group-C on the strength of her achievement in the filed of Kickboxing. According to the petitioner, she is entitled to be placed in Group-B and since such benefit has been denied to her, she is before this Court in the instant writ petition. 2. The Policy of the State of Punjab provide for gradation for the outstanding sports persons (for short, ‘OSP’) is also challenged before us. 3. The petitioner submits that she has been discriminated in the matter of grant of Grade-B Certificate inasmuch as another applicant RAHUL JOSHI 2025.09.11 17:32 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-20335-2025(O&M) 2 namely Falak Bedani had similar achievement to her credit yet she was awarded higher Certificate. 4. The petitioner has highlighted her achievement in the field of Kickboxing on account of her participation in the form of Certificate issued by World Association of Kickboxing Organizations India Kickboxing Federation (for short, ‘WAKO India’) in which she has secured second place. The petitioner has also participated in WAKO Youth World Kickboxing Championship, 2024. It is also submitted that the petitioner has secured Silver Medal in the National Junior Kickboxing Championship. The Policy for according admission in sports quota has been notified by the Government of Punjab on 31.07.2023. The sports persons have been ranked in different Groups depending upon their outstanding achievement in the field of sports. 5. Our attention has been invited to the revised gradation policy in which a person with following achievement in the field of sports qualifies for Grade-A placement. “Grade-A Sportsmen of International Standing i.e. those who have represented India/ achieved positions in the following International tournaments/meets/ competitions/ championships conducted by International Federation affiliated to the International Olympic Committee or by the International Olympic Committee:- (i) Gradation certificate should be awarded to the Medal Winner of Olympic Games, World Cup (every 4 year), Asian RAHUL JOSHI 2025.09.11 17:32 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-20335-2025(O&M) 3 Games, Commonwealth Games. (ii) Medal winner of World cup/ World Championships (every 2 years). (iii) Medal winner of Davis Cup, Test/One day Cricket Matches. (iv) Medal winner of Afro Asian Games and Asian Championship. (v) Medal winner in SAF Games, World University Games, Junior World Championships, International Recognized Competitions where at least 10 teams participate. (vi) Participants of Olympic Games, World Cup/Championship( 4 years) and Asian Games” 6. Similarly for Grade-B, the achievement has been notified as under:- “Grade (B) Sportsmen/Women who have achieved top 3 positions in the following tournaments/meets/ competitions/ Championships conducted by such a respective National Federation as are affiliated/ Recognized by Indian Olympic Association :- (i) Medal Winner of National Games and Senior National Championship organized by Indian Olympic Associations. (ii) National Championship for women organized by Sports Authority of India. (iii) Junior National Championships organized by RAHUL JOSHI 2025.09.11 17:32 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-20335-2025(O&M) 4 recognized National Federation of that Game under the banner of Indian Olympic Association where at least 10 States have participated. (iv) All India Inter Universities competitions, National School Games under 17 and under 19, All India Rural Sports. (v) Medal winner of Punjab School teams/Kendriya Vidalya Schools and Novodhya Sangathan Schools teams in School National Championship. (School must be situated in Punjab)” 7. Admittedly, the petitioner has been placed in Grade-C. 8. Learned State counsel with reference to the assertions made in the reply of the State points out that petitioner does not fall in any of the Category so as to entitle her to be placed in Group-A or Group-B. It is also submitted that WAKO does not have any recognition/affiliation with the Indian Olympic Association and therefore, achievements in the tournaments/competitions organized by WAKO, India are currently not considered for gradation purposes as per the applicable policy. 9. It is further submitted that in terms of the Policy the participation at International event can be considered an achievement only in specified events and not otherwise. So far as petitioner winning the Silver Medal in Junior National Games is concerned, it is contended that the Certificate of national event alone is recognized for such purposes. It is submitted that parity in the matter of achievement in events organized by Roller Skating Federation of India is misplaced inasmuch as RAHUL JOSHI 2025.09.11 17:32 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-20335-2025(O&M) 5 the Roller Skating Federation of India is duly recognized by the Indian Olympic Association. 10. So far as policy for grading sports person in different Category is concerned, we do not find any force in the petitioner’s contention that such policy is arbitrary. Merely because the earlier policy laid down different norms would not be material inasmuch as the Policy presently in force since 2020-2023 will be the Policy relevant for the present purposes. 11. For placing a sports persons in Grade-A, one will have to fall in any of the Categories specified therein. Participation in World Cup/Championships also has to be such which is of a standard similar to International events of the level of Olympic Games or Asian Games etc. 12. So far as participation in WAKO event is concerned, it cannot be treated at par with other World Cup Championships. This is more so as WAKO, India is otherwise not recognized by the Indian Olympic Association. 13. Similarly, placing the Medal winner only in National Games at Senior Level and excluding such achievement obtained at Junior Level also cannot be said to be wholly arbitrary or illegal. 14. Since the policy is not shown to be arbitrary inasmuch as the gradation of sports persons in different Categories is shown to be based upon the assessment of their achievement in the field of sports, we do not find any substance in the petitioner’s contention that such policy is arbitrary. Since the petitioner otherwise does not qualify for being placed on Group-A and Group-B as per the Policy dated 31.07.2023, therefore, RAHUL JOSHI 2025.09.11 17:32 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-20335-2025(O&M) 6 no exception can be taken to placement of petitioner in Group-C while denying her consideration in Group-A and Group-B. 15. In that view of the matter, the instant petition stands dismissed. 16. Pending application(s), if any, also stand(s) disposed of. [ASHWANI KUMAR MISHRA] JUDGE [ROHIT KAPOOR] JUDGE SEPTEMBER 09th, 2025 Rahul Joshi 1. Whether Speaking/reasoned Yes/No 2. Whether Reportable Yes/No RAHUL JOSHI 2025.09.11 17:32 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD