1990 INSC 0036
                                            Sandeep Barar and Another
                                                           Vs

                                               State of Punjab Others
                                                          And

                                             Kanwar Ajit Singh Sidhu
                                                           Vs

                                            State of Punjab and Others
                                                          With

                                               Nirpjit Singh Dosanjh
                                                           Vs

                                            State of Punjab and Others
                                                          With

                                                    Komal Sekhon
                                                           Vs

                                            State of Punjab and Others
                                                          With

                                                   Harkamal Kaur
                                                           Vs

                                            State of Punjab and Others
 Civil Appeals Nos. 4408 and 4409 of 1989, and Special Leave Petition (Civil) Nos. 13343, 13160

                                                 and 13755 of 1989
                                          (M.H. Kania, Kuldip Singh JJ)

                                                      30.01.1990
                                                     JUDGMENT
KULDIP SINGH, J. -
1. Special leave granted.
2. We pronounce our conclusions in the appeals and a reasoned judgment shall be delivered later on.
We allow the appeals and set aside the judgment of the High Court dated September 13, 1989
delivered in Civil Writ Petition No. 10623 of 1989. We also set aside the consequential judgments
of the High Court dated September 18, 1989 in Civil Writ Petition Nos. 10855 of 1989 and 9745 of
1989. Civil Writ Petition Nos. 10623 of 1989 and 10855 of 1989 filed by those petitioners in the
High Court are dismissed. Civil Writ Petition No. 9745 of 1989 is disposed of in terms of this order.

3. We direct as under :

                  (a) Admissions, in the three State medical colleges and two State dental college for
                  the session commenced in the year 1989, to the seats reserved in favour of
                  sportsmen/sportswomen be made in accordance with the Government of Punjab,
                  Department of Health and Family Welfare Notification dated April 21, 1989
                  (Annexure 'A' in C.A. 4408 of 1989) read with Government of Punjab, Department
                  of Education instructions dated August 6, 1986 (excluding para 2 which has already
                  been struck down) (Annexure 'B' in C. A. 4408 of 1989).

                  (b) We hold that the government instructions dated August 30, 1984 providing
                  weightage in the various grades are no longer operative and had been superseded by
                  the instructions dated August 6, 1986.

                  (c) We strike down the instructions issued by Director of Sports contained in
                  memorandum Sports SDA-VII-86-87-8895 dated September 16, 1986 (mentioned as
                  August 6, 1986 in the High Court judgment) (Annexure 'C' in C.A. 4408 of 1989)
                  and direct that the same be not taken into consideration while finalising the selection.

                  (d) Admission to all the seven seats (six to MBBS and one to BDS) be made as
                  directed by us in this order above. Three of the respondents namely Amandeep Kaur
                  Sahota, Baljinderdeep Singh Dhanj and Navdeep Walia have already been admitted
                  as a result of the High Court order. In the interest of justice we direct the respondent
                  State of Punjab to create three additional seats with the approval of the Medical
                  Council of India and if such an approval is granted, then these three students be
                  accommodated against the additional seats.

4. There shall be no order as to costs.

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