Top Court quashes decision of Punjab & Haryana HC directing to provide for sports quota of 3% in Government Medical/Dental Colleges in State of Punjab

Read Judgment: State of Punjab V. Anshika Goyal & Others 

Pankaj Bajpai

New Delhi,  January 27, 2022: The Supreme Court has opined that the State Government’s action taking a policy decision to prescribe a particular percentage of reservation/quota for a particular category of persons, cannot be interfered with by issuance of a writ of mandamus, directing the State Government to provide for a particular percentage of reservation for a particular category of persons other than what has been provided in the policy decision taken by the State Government. 

A Division Bench of Justice M.R Shah and Justice B.V Nagarathna therefore observed that High Court has exceeded its jurisdiction while issuing a writ of mandamus directing the State to provide a particular percentage of reservation for sports persons, namely, in the present case, 3% reservation instead of 1% provided by the State Government, while exercising powers under Article 226 of the Constitution of India.

The observation came pursuant to an appeal challenging the judgment, whereby the High Court has directed the State of Punjab (Appellant) to issue a fresh notification providing for 1% reservation/quota for children/grand-children of terrorist affected persons/Sikh riots affected persons in all private unaided non-minority Medical/Dental institutions in the State of Punjab and further directed that the said reservation/quota shall apply to management quota seats as well and further directed that the fresh notification shall also provide for a sports quota of 3% in Government Medical/Dental Colleges. 

After considering the submissions, the Top Court found that pursuant to the interim order passed by this Court, admissions for the academic year 2019-20 are already given as per the judgment of the High Court except providing 3% reservation/quota for sports persons and applying 1% reservation. 

Secondly, the State has now already provided the reservation/quota for sports persons, children/grand-children of terrorist affected persons/Sikh riot affected persons even with respect to admissions in the private institutes for the academic year 2021-22, added the Court. 

so far as the directions issued by the High Court directing the State to provide for 3% reservation/quota for sports persons, instead of 1% provided by the State is concerned, the Top Court found that as per the notification dated June 06, 2019 issued by the State Government for the Academic year 2019-20 which subsequently came to be modified vide corrigendum dated July 11, 2019, 3% reservation for sports persons has been provided. 

However, clause 10 of the said notification permits any other department to have specific policy providing for reservation for sports persons other than 3%, added the Court. 

Therefore, the Top Court concluded that the High Court has committed a grave error in issuing a writ of mandamus and directing the State Government to provide for 3% reservation/quota for sports persons, instead of 1% as provided by the State Government.

Accordingly, the Apex Court quashed the mandamus issued by the High Court directing to provide for a sports quota of 3% in Government Medical/Dental Colleges in the State of Punjab.