Writ Petition No. 17236 of 2010 · Andhra Pradesh High Court
Case at a glance
- Bench
- NOOTY RAMAMOHANA RAO
Outcome
Disposed of
The Writ Petition stands disposed of with this order
Judgment
This writ petition has been instituted for declaring that the petitioner is eligible and entitled to prosecute the rest of the M.B.B.S Course in the third respondent Medical College. The petitioner claims to be a meritorious sports person and also claimed that she has participated in the 28th Junior National Koho-Kho Championship for 2006-07 held at Indore from 21.11.2006 to 25.11.2006 organised by the Madhya Bharat Kho-Kho association under the auspicious of Kho-Kho Federation of India. It is also asserted that she was placed at second position at the national level. On the strength and basis of this certificate recognizing her as a meritorious sports person, she staked claim for admission against the 1% seats reserved for meritorious sports person in various medical colleges. She participated in the process of counselling undertaken on 18.08.2009 and she was granted admission into 1st year M.B.B.S Course for the academic session 2009-10 in Kurnool Medical College, Kurnool, the third respondent herein. However, the credentials of every meritorious sports person will be forwarded for verification to the Sports Authority of Andhra Pradesh. The Sports Authority of Andhra Pradesh in turn would seek clarifications and necessary information from the respective Federations of sporting bodies, with reference to the claims made by the individuals. On the ground that the said information, vouching for the
confirmation of the credentials of the writ petitioner is not forthcoming, the provisional admission granted initially in favour of the writ petitioner is not treated as a regular admission and consequently she is made to face difficulty every time the examination schedules are announced, raising doubts about her eligibility to participate in the said examinations. To put at rest all those speculative elements, the present writ petition is instituted. Heard learned counsel the writ petitioner Sri Ch.Jagannadha Rao, Sri Nagarjuna Babu for the first respondent-University and Sri M.V.S.Prasad, learned Standing Counsel for the Sports Authority of Andhra Pradesh, second respondent. Also heard Sri Raja Sekhar Rao, learned Additional Standing counsel for the Central Government for the 4th respondent. It is to be noticed from Annexure-I to the counter affidavit filed by the fourth respondent that the Government of India, Ministry of Youth Affairs and Sports through their communication dated 12.09.2008 informed the Principal Secretary in-charge of Youth Advancement, Tourism and Culture Department, Government of Andhra Pradesh the authenticated information with regard to the individual meritorious sports persons, vouching for their participation in various sporting events for the academic session 2008-09 has been communicated. From this communication dated
Operative part
12.09.2008, it has emerged that one Ms.Pragna Desai was confirmed to have participated at the 28th Senior National Kho-Kho Championship held at Indore from 21st to 25th November, 2006. In the comments column, the Ministry of Youth Affairs, Government of India noted that the event was not approved by the Ministry. However the Federation had submitted the list of participants and also the accounts. According to the list available in the record, the girls participation and second position is confirmed. It is therefore clear from this communication that Kho-Kho Championships were conducted at Indore between 21st to 25th November, 2006. However, the said sporting event is obviously not approved by the Ministry. Since the petitioner herein has claimed that she has also participated at the same Championship, no- doubt at the Junior level, in the absence of any specific material to the contra brought on record, it can safely be inferred that the petitioner could have possibly participated in the said Championship held at Indore between 21st to 25th November, 2006. Since this matter has been adjourned on several occasions for enabling the Ministry of Youth Affairs and Sports, Government of India to confirm specifically her participation, but, the said information was not forthcoming, I am not willing to adjourn this matter any further. Therefore, I consider it appropriate to direct the first respondent to take the same decision which they have taken with regard to the candidature of Ms.Pragna Desai who was granted admission during the previous academic session namely 2008-09 and if Ms.Pragna Desai’s admission has been confirmed subsequently, the same treatment may be accorded in the case of the petitioner also. Let this exercise be completed within a maximum period of two months from the date of receipt of this order and a copy of the decision taken by the first respondent may also be communicated to the Sports Authority of Andhra Pradesh for its record. The Writ Petition stands disposed of with this order. No costs. _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO
04.08.2011 VJL
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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