AIR 1995 MADRAS 383 ::1995 (2) MadLW 596

Madras High Court

Hon'ble Judge(s): Srinivasan, Janardhanam, Raju , JJJ

(A) Constitution of India , Art.226, Art.14— Education - Admission to professional courses - G.O. generously awarding grace marks to sportsmen - Is arbitrary. (Obiter dicta) The G.O. generously awarding to sportsmen at all levels grace marks to be added to the marks obtained in qualifying examination is arbitrary. It is one thing to reserve a few seats in the Professional Courses for eminent sportsmen having regard to their outstanding performance in the field of sports; but it is entirely another thing to bless him with a high score of marks in the educational field and place him above the candidates who have toiled day and night for achieving eminence in that field. (Obiter dicta)(Para 26) (B) Constitution of India , Art.226— Evidence Act (1 of 1872) , S.115— Education - Admission - Professional Courses - G.O. granting grace marks to sportsmen - No representation made in G.O. that grace marks would be taken into consideration for the purpose of admission to Professional Courses - G.O. though passed before holding of qualifying exam was not implemented - Application forms and prospectus for Professional Courses not representing that grace marks would be considered for admission - Subsequent cancellation of G.O. - Students cannot invoke either the doctrine of legitimate expectation ....