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Writ Petition No. 4961 of 1984, decided on 18th November, 1985

---Art. 9--Educational institution--Admission in University on basis of sports--Petitioner duly considered for admission in University on sports basis--University Authorities on availability of better sportsman than petitioner gave preference to better sportsman and petitioner could not be' accommodated--Petitioner, held, could have no cause of grievance as University Authorities had not done anything against rules and regulations.

Muhammad Wasi Zafar for Petitioner.

Ch. Muhammad Farooq for Respondents.

This Constitutional Petition is directed against the Punjab University for not granting admission to the petitioner in M.B.A. Classes.

2. The facts necessary for the disposal of the petition are that the petitioner applied for admission to M.B.A. Classes, Sessions 1984 on Sports basis claiming that he was a University Colour Holder in Boxing. According to him, the University Authorities had selected three candidates on Sports basis who did not hold or possess qualification equal to the petitioner. The respondents committed grave illegality in giving preference to other candidates over him and as such their action be declared without lawful authority and of no legal effect.

3. The respondents in their comments have denied the petitioner's allegation. According to them the petition is not maintainable for rot impleading all the necessary parties. According to them, the three candidates who had been admitted on Sports basis were necessary parties but the petitioner had not impleaded them. They further contended that under the Regulations framed by the Punjab University 80 of the seats are filled on merit while the remaining 20 are reserved to be filled on other considerations including the sports. Initially two seats were reserved for sports in the department of business administration which were later increased to three. The petitioner and 91 other candidates applied on sports basis. The applications of all the 92 candidates were scrutinised and sent to University Sports Committee for consideration. They selected, the following candidates on sports basis:-

(1) Muhammad Arshad Athletics.

(2) Athar Hafeez Boxing.

(3) Asif Fazal.

It is contended that the petitioner's competition was with Athar Hafiz who was also a boxer. His record was certainly better than that of the petitioner. The respondents have denied having given any discriminatory treatment to the petitioner.

4. Admittedly three seats were reserved for sportsmen. The petitioner along with 91 other candidates was considered on sports basis. One seat was given to an athlete, the other to a boxer and the third to a table tennis player. The petitioner's competition was with Athar Hafeez who admittedly possessed better qualifications than the petitioner. The seats available for sports were to be given to various fields of sports and it would be too much to except that all the boxers should have been given those seats. The petitioner had applied for academic session of 1984. The candidates admitted against the said available seats have already completed their course and studies and it would be unfair to throw out any one of them to accommodate the petitioner. The petitioner was duly considered for admission on sport basis and on the availability of a better sportsman in the field of boxing he could not be accommodated.

In this view of the matter, the petitioner cannot have any cause of grievance. The University Authorities have not done anything against rules and regulations. Accordingly, the petition fails and is dismissed

in limine.

H.B.T. Writ refused.

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