Minimum 75% in Class XII

Posted on by Rudrajyoti Nath Ray

Learned Senior Counsel, P.S. Patwalia contends, condition of having acquired 75% marks defeats objective of providing a sports quota because it assumes sports persons also have a degree of academic excellence.

Doctrine of Equality has layered dimensions. State of Jammu and Kashmir v. Triloki Nath Khosa, (1974) 1 SCC 19 held, a ‘classification’ should not be characterized as ‘arbitrary or absurd’. It is quite possible, sports persons who have represented or continue to represent India internationally, and have bagged a medal or medals in say Wrestling, would be altogether excluded if a Wrestler who has never represented India secures 80% marks in Class XII. The imposition falls afoul of Article 14.

– Hon’ble Justice S. Ravindra Bhat, Dev Gupta v. PEC University of Technology, [Special Leave Petition (Civil) No. 15774 of 2023].

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