Minor B.Arnold Julian Vinoj v. State of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10.11.2009CORAM:THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYAANDTHE HONOURABLE MR.JUSTICE M.DURAISWAMYWrit Appeal No.1410 of 2009Minor B.Arnold Julian Vinojrepresented by his father andnatural guardian Dr.T.Benjamin .. Appellant Vs.1. State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.2. The Secretary, Tamil Nadu Engineering Admissions, Anna University, Chennai-600 025. .. RespondentsWrit Appeal against the order dated 20.8.2009 passed by thelearned single Judge in Writ Petition No.16591 of 2008 on the fileof this Court. Petition filed under article 226 of the constitutionof India to issue a writ of declaration declaring that the rank listfor the special reservation under eminent sports persons quota forengineering admissions 2008 published by the second respondent on02.07.2008 for the Academic Year 2008-2009 as ultra vires of Articles15(4) and 15(5) of the Constitution of India and direct therespondents to prepare a rank list by granting marks only to thegames recognized by the School Games Federation of India.For appellant : Mr.K.M.RameshFor respondents : Mr.G.Sankaran, Spl.G.P. for R-1 Mr.Mani Sundar Gopal for M/s.G.M.Mani Associates for R-2 https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT(Judgment of the Court was delivered by S.J.Mukhopadhaya,J)The appellant-writ petitioner having not been selected forEngineering Admissions 2008 under "Eminent Sports Persons Quota",preferred the Writ Petition for a declaration that the rank list forthe special reservation under "Eminent Sports Persons Quota" forEngineering Admissions 2008, published by the second respondent on2.7.2008 for the academic year 2008-2009, as ultra-vires of Articles15(4) and 15(5) of the Constitution of India and to direct therespondents to prepare a rank list by granting marks only to thegames recognised by the School Games Federation of India. The learnedsingle Judge having rejected Writ Petition No.16591 of 2008, by orderdated 20.8.2009, the writ petitioner has challenged the same in thisappeal.2. It will be evident that during the academic year 2008-2009,the appellant-writ petitioner applied for the Course through theSingle Window System, which was conducted by the second respondent.The appellant applied under the Sports Quota. During the Counsellingconducted by the second respondent, he produced a certificate issuedby the Air Chief Marshal, Chairman, SMSES, certifying that theappellant participated in the Subroto Mukherjee Cup FootballTournament 2006 in sub-junior (under 17 years) category as a memberof St.Patrick's Anglo Indian Higher Secondary School, Chennai, TamilNadu. He claims that he is entitled for 125 marks for the saidparticipation as per the Prospectus, but the said marks were notallotted in his favour.3. The learned single Judge, noticed the contention of thesecond respondent that for participation in the international eventsrepresenting India in Category-II, a candidate is eligible to get 125marks. According to the second respondent, since the appellant-writpetitioner did not represent India in the so-called internationalevent, he was not entitled for 125 marks, and therefore, he was notallotted the said marks. Such argument of the learned counsel for thesecond respondent was accepted by the learned single Judge.4. Learned counsel appearing on behalf of the appellant-writpetitioner referred to "Information and Instructions to Candidates"(Prospectus) issued to the candidates who appeared in the Tamil NaduEngineering Admissions 2008. In the said Information andInstructions, at Annexure-II, Item No.22, the selection ofcandidates under 'quota for eminent sports persons' have been shown.It is mentioned therein that the purpose of the said quota is torecognise and give weightage to the sports eminence of the candidatesand hence, marks for sports achievement alone will be considered inranking the candidates and the candidates are expected to continue https://hcservices.ecourts.gov.in/hcservices/ good performance in sports, even after selection. The highestachievement of the candidate in only one annual tournament in thesports discipline in a year will be considered for awarding marks.The selection of the candidate will be based on the marks obtained bythe candidate, following the guidelines given in the table as showntherein. 5. It is further stated in the said Annexure-II, Item No.22,that for International Competition, representing India Category-I,500 marks are allotted to those who have obtained gold, 450 marks forsilver, 400 marks for bronze and 150 marks for participation. ForInternational Competition, representing India Category-II, 350 marksare allotted for gold, 300 marks for silver, 250 marks for bronzeand 125 marks for participation. 6. The appellant claims that he having taken part in SubrotoMukerjee Cup Football Tournament 2006, has represented in theInternational Competition, representing India Category-II, for whichhe should have been awarded 125 marks. 7. On the other hand, according to the learned counsel for therespondents, the participation in the Tournament cannot be classifiedas International Competition, representing India Category-II and herelied on the Instructions given at paragraph 4(a) to the saidAnnexure-II, Item 22, which relates to International Tournaments andthe same is quoted hereunder: "Annexure-II Item No.22 4(a) For International Tournaments:Category-I: Olympics, World Cup/World Championship,commonwealth Games, Asian Games, Asian Championship, JuniorWorld Cup/World Championships, Asian Junior Championships,World University Games/Championships, World School Games,Afro Asian Games, South Asian Federation Games and JuniorSouth Asian Federation Games.Category-II: All other International tournaments not coveredunder Category I and wherein, not less than six countrieshad participated.1. Participation/achievement in Internationaltournaments will be considered only with earlierachievements at National/State level tournaments.2. Only tournaments officially recognised by the IndianOlympic Association/respective official National Federationswill be considered for the award of marks (for each year)(1.6.2004 to 31.5.2005, 1.6.2005 to 31.5.2006, 1.6.2006 to https://hcservices.ecourts.gov.in/hcservices/

31.5.2007 and 1.6.2007 to 31.5.2008).3. Participation/Achievements in tournaments, with FormI alone are eligible for marks indicated in table (I)above." 8. We have heard the learned counsel appearing for the partiesand perused the records.9. It would be evident from the records that in the SubrotoMukerjee Cup Football Tournament 2006 held between 14.9.2006 and13.10.2006, there were 29 participants from all different schools andsix participants from different schools of foreign countries (foreignteams). In the said Tournament, nobody participated on behalf of anyof the country. For example, the appellant participated on behalf ofSt.Patrick Anglo Indian Higher Secondary School, Gandhi Nagar, Adyar,Chennai, a School within the State of Tamil Nadu (junior under 17years), but he has not participated as football player on behalf ofthe Indian team. The foreign teams belong to teams of differentschools, but no team of Nepal / Bangladesh / Malaysia / Afghanistan /Srilanka / Bhutan, as shown therein, participated in the saidTournament, though one or other school team of Nepal / Bangladesh /Malaysia / Afghanistan / Srilanka / Bhutan, is shown to haveparticipated in the said Tournament.10. From the aforesaid facts, it would be evident that theappellant never participated on behalf of India in any of theinternational event and thus not entitled for any marks on theground of representing the International Competition, India Category-II.11. We find no error in the impugned order passed by the learnedsingle Judge and the same requires no interference. There being nomerits, the Writ Appeal is dismissed. No costs. Sd/Asst.Registrar/true copy/Sub Asst.RegistrarcsTo1. The Secretary, State of Tamil Nadu, Department of Higher Education, Fort St.George, Chennai-600 009. https://hcservices.ecourts.gov.in/hcservices/

2. The Secretary, Tamil Nadu Engineering Admissions, Anna University, Chennai-600 025. + 1 cc to M/s. G.M.Mani Associates, SR No.60703+ 1 cc to Govt. Pleader SR No.60137+ 1 cc to Mr.K.M.Ramesh, Advocate SR No.60160Writ Appeal No.1410 of 2009AKR (CO)RH (23.11.09)