Karnataka High Court
Karnataka Examination Authority vs Union Of India on 16 October, 2025
-1-
NC: 2025:KHC:41216-DB
WA No. 1599 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1599 OF 2025 (EDN-RES)
BETWEEN:
1. KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, SAMPIGE ROAD
MALLESHWARAM
BANGALURU - 560 012
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
...APPELLANT
(BY SRI N.K. RAMESH, ADVOCATE)
AND:
Digitally
signed by
PRABHAKAR 1. UNION OF INDIA
SWETHA MINISTRY OF YOUTH AFFAIRS & SPORTS
KRISHNAN
Location: High
HALL NO. 103
Court of JAWAHARLAL NEHRU STADIUM
Karnataka
LODHI ROAD
NEW DELHI - 110 003
REPRESENTED BY ITS
SECRETARY.
2. DEPARTMENT OF YOUTH EMPOWERMENT
AND SPORTS
GOVT. OF KARNATAKA
-2-
NC: 2025:KHC:41216-DB
WA No. 1599 of 2025
HC-KAR
NRUPATUNGA ROAD
BANGALORE - 560 002
REPRESENTED BY ITS COMMISSIONER.
3. SRI KOUSHIK B. K.
S/O SRI B.M. KRISHNA MURTHY
AGED 19 YEARS
R/AT NO.1, SANJAY LAYOUT
VINAYAKANAGAR
RAMOHALLI (P)
KENGERI (H)
NEAR V.R. INTERNATIONAL SCHOOL
BENGALURU - 560 074.
...RESPONDENTS
(BY SRI H.S. SURESH, CGC FOR R-1,
SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-2 &
SRI SKANDA KUMAR, ADVOCATE FOR
SRI M.D. RAGHUNATH, ADVOCATE FOR C/R-3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 16.07.2025 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P No. 18861/2025, AND DISMISS THE WRIT
PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2025:KHC:41216-DB
WA No. 1599 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the application―I.A.No.2/2025, the
same is allowed. The delay of 38 days in filing the appeal is
condoned.
2. The appellant (Karnataka Examination Authority) has filed
the present appeal impugning an order dated 16.07.2025 passed
by the learned Single Judge of this Court in W.P.No.18861/2025
(EDN-RES). The said petition was filed by respondent No.3 (writ
petitioner), inter alia, praying that directions be issued to reconsider
his application for admission to Medical Colleges for the MBBS
degree under 'Sports Quota'.
3. The writ petitioner was found ineligible for admission under
the 'Sports Quota' on the ground that the sports events in which he
had participated were not recognized in terms of the Circular dated
13.05.2025 and therefore, the writ petitioner did not satisfy the
criteria as set out under the Karnataka Selection of Candidates for
NC: 2025:KHC:41216-DB
HC-KAR
Admission to Government Seats in Professional Educational
Institutions Rules, 2006 as amended by the Karnataka Selection of
Candidates for Admission to Government Seats in Professional
Educational Institutions (Amendment) Rules, 2024
[the Rules].
4. The learned Single Judge had rejected the said contention
and found that the writ petitioner was eligible for being considered
under the 'Sports Quota' on account of having participated in the
following events:
i) 67th National School Games 2023-2024 in Taekwondo
(Boys U-19) held at Betul, Madhya Pradesh between
31.12.2023 to 05.01.2024; and
ii) 40th National Senior Kyorugi Taekwondo Championships,
2024.
5. The writ petitioner had won a silver medal in 67th National
School Games and had participated in the 40th National Senior
Kyorugi Taekwondo Championships, 2024.
6. The learned Single Judge also observed that the 40th
National Senior Kyorugi Taekwondo Championship 2024 had been
organised by the Puducherry Taekwondo Sports Association,
which is affiliated to Indian Olympic Association [IOA] and is also
recognised by the Ministry of Youth Affairs and Sports,
NC: 2025:KHC:41216-DB
HC-KAR
Government of India [MY & S]. Accordingly, the learned Single
Judge had directed the appellant to reconsider the writ petitioner's
eligibility for admission under the Sports Quota in the light of the
observations made in the impugned order, and if the writ petitioner
satisfies the same to take further steps for admitting the writ
petitioner.
7. The appellant has impugned the said order on essentially,
two grounds. First, that it is not the authority for selection of the
candidates and the said exercise is required to be conducted by
respondent No.2. And second, that one of the events in which the
writ petitioner had participated did not fall under Schedule-II of the
Rules, 2024. The contention that the event in which the writ
petitioner participated could not be considered is premised on the
basis that the 40th National Senior Kyorugi Taekwondo
Championships, 2024 was not organized by a National Sports
Federation [NSF] that was recognized by the Government of India.
The said contention is in turn based on the premise that the
Taekwondo Federation of India [TFI], which is the NSF that had
promoted and the said event was granted only annual recognition
which had not been renewed. Additionally, it is stated that TFI was
NC: 2025:KHC:41216-DB
HC-KAR
not affiliated to IOA and therefore, the certificate of participation
produced by the writ petitioner which states that the TFI is affiliated
to Indian Olympic Association is ex facie incorrect. It is earnestly
contented that the learned Single Judge has proceeded on an
erroneous premise that the event in question was promoted by a
recognised NSF affiliated to the IOA. Therefore, the impugned
order is liable to be set aside.
8. We also consider it apposite to set out the relevant extract of
the Karnataka Selection of Candidates for Admission to
Government Seats in Professional Educational Institutions
(Amendment) Rules, 2024 whereby, Rule 9 of the Rules was
amended. The said Rule is set out below:
"Amendment of rule 9:- In the Karnataka Selection of
Candidates for Admission to Government Seats in
Professional Educational Institutions Rules, 2006 (herein
referred as said rules), in rule 9, sub-rule(1), for clause
(B) and entries relating thereunder the following shall be
substituted, namely:-
"(B) The following candidate shall be eligible for selection
under sports category namely:-
(i) Candidates who have represented the State or
Country and won medals or participated in sports
competitions during the last three financial years
including the financial year in which the candidate has
applied the application for CET under sports quota shall
be considered.
NC: 2025:KHC:41216-DB
HC-KAR
(ii) The Selection of Candidates under Sports quota shall
be as follows:-
(a) Two best or two highest achievements in sports
competitions during the years specified in clause (i),
shall be taken in to consideration. However, only one
best or highest achievement shall be considered in a
financial year.
(b) The list of sports and marks allotted for each
sports achievement shall be as specified in
Schedule-II.
(c) In case equal marks allotted to two or more
candidates the third best achievement of all the
candidates during the years specified in clause (i),
shall be considered for selection.
(d) The merit list shall be prepared considering the
aggregate marks obtained by the candidates bases
on the two highest achievements under
consideration.
(e) Olympic or Asian or Common Wealth Games or
National Games Sports disciplines means those
sports or games included in the immediately
preceding Olympic or Asian or Commonwealth
Games or National Games and the corresponding
sports or games in Para Game.
(f) For the Selection of Candidates under these rules
the decision of the Commissioner, Department of
Youth Empowerment and Sports Shall be final."
9. It is apparent from the above that the selection of candidates
under the Rules is required to be made by the Commissioner,
NC: 2025:KHC:41216-DB
HC-KAR
Department of Youth Empowerment and Sports and the said
selection is final.
10. In view of the above, the learned counsel for the appellant is
correct in his submission that the selection is required to be made
in terms of the weightage stipulated in Schedule-II of the Rules,
2024 by respondent No.2 and not by the appellant. The learned
counsel appearing for respondent No.2 also concurs with the said
view.
11. We also consider it apposite to extract Entry No.80 and Entry
No.86 of Schedule-II of the Rules, which the writ petitioner claims,
are applicable in this case.
Sl.No. Sports Certificate Issuing Weightage
Distinction/Participation Authority Marks
National Championship Federation recognized
(Olympic/Asian/Common by MYA & S
Wealth/National Games
disciplines only)
86 Silver Medal in Khelo India Government of 15
Games/School Games India/SAI/National
Sports Federation
12. There is no dispute that the 67th National School Games
qualifies as an event covered under Entry No.86 of Schedule II as
set out above as it was organised by the Government of India. The
controversy essentially relates to the 40th National Senior Kyorugi
NC: 2025:KHC:41216-DB
HC-KAR
Taekwondo Championships, 2024 which according to the petitioner
falls in Entry No.80 as set out above. The said event was held from
18th to 20th, October, 2024 at Puducherry.
13. There is no dispute that the said 40th National Senior Kyorugi
Taekwondo Championships, 2024 was promoted by TFI. The only
ground on which the appellant and respondent No.2 contend that
the event does not fall in Entry No.86 of Schedule II is that TFI was
not a NSF recognized by MY & S, at the time the said event was
held. Thus, the only question to be examined is whether TFI could
be considered as a recognized sports federation at the material
time.
14. Respondent No.1 (MY & S - Government of India) has filed
an affidavit enclosing a letter dated 17.03.2023 addressed to the
President/Secretary General, TFI, inter alia, stating as under:
"4. Further, in view of the Hon'ble Delhi High Court's
order dated 28.04.2022 in W.P. (C) No.11674 of
2019, consequent upon acceptance of election of
Taekwondo Federation of India, it has been decided
to recognize Taekwondo Federation of India,
represented by the above-said elected Office Bearers
in the election conducted by the Hon'ble Delhi High
Court appointed Court Commissioner-cum-Returning
Officer, as National Federation (NSF) for promotion
- 10 -
NC: 2025:KHC:41216-DB
HC-KAR
and development of sport of Taekwondo in the
country with immediate effect. Sports
5. This recognition to Taekwondo Federation of India
is with the condition that it shall comply with the
provisions of National Sports Development Code of
India, 2011 and other relevant guidelines issued by
the Ministry from time to time. A copy of the National
Sports Development Code of India, 2011, currently in
force is available on the website of this Ministry i.e.
https://yas.nic.in/sports/national-sports-development-
code-india-2011."
15. It is clear from the contents of the letter dated 17.03.2023
and as noted above that TFI was granted the recognition as the
NSF for the sport of Taekwondo by MY & S (Government of India).
16. Article 8 of the National Sports Development Code of India,
2011 [Sports Code] contains provisions regarding recognitioin of
an NSF. Paragraph 8.2 of the Sports Code is of some significance
and is set out below:
"8.2 From the year December, 2009, a new system of
annual recognition was notified under which NSFs
are required to submit detailed documentation for
grant of recognition, which would get automatically
renewed in the subsequent years subject to
submission of prescribed documents such as annual
report, audited accounts, details of national
championships held, utilization certificate in respect of
Government grants, Copies of relevant circulars
issued vide No.F.9-69/2009-SP-I dated 12.11.2009,
02.12.2009 & 29.11.2010 are placed at Annexure-XV.
Federations not availing of grants from the
- 11 -
NC: 2025:KHC:41216-DB
HC-KAR
Government will receive permanent recognition
instead of annual recognition."
17. Thus, it is clear from the above that the recognition granted
to a NSF which does not avail any financial assistance would not
expire on an annual basis. The learned counsel appearing for the
Union of India also stated that no financial grant has been availed
by TFI.
18. The learned counsel for the writ petitioner had also referred
to an order dated 24.12.2024 passed by the Delhi High Court in
W.P.(C) 17973/2024 (Taekwondo Federation of India v. Indian
Olympic Association and others) and had drawn our attention to the
following observations made by the Court:
"12. The Court has considered the aforenoted
contentions. The immediate concern expressed by
Mr. Mehra is the selection for the Game of
Taekwondo in the upcoming 38th National Games for
which the entries have to be sent by 3rd January,
2025. Considering the National Sports Code, 2011,
the relevant guidelines issued in this regard and the
fact that the Petitioner's status as NSF has been
recognised by the Government of India, the Court
finds merit in the contentions urged by Mr. Mehra.
The IOA's course of action might have been
appropriate if the Petitioner's recognition as an NSF
had been revoked. However, in the absence of such
revocation, and with the Petitioner still being a
recognized NSF, the Court finds merit in the
Petitioner's request for the consideration of the
names they have selected for the upcoming games."
- 12 -
NC: 2025:KHC:41216-DB
HC-KAR
19. Although the abovementioned order was passed in a
different context, it notes that TFI's recognition as NSF had not
been revoked. The Delhi High Court had proceeded to issue
interim orders on the said basis. No material has been placed on
record to indicate that TFI had been de-recognized at the material
time.
20. In the aforesaid view, the writ petitioner is required to be
accorded the benefit of participating in the 40th National Senior
Kyorugi Taekwondo Championships, 2024.
21. The fact that the TFI may not have been affiliated to IOA at
the material time, is not relevant as Entry No.80 of the Schedule-II
does not require the NSF to be so affiliated to IOA.
22. It is also contented on behalf of respondent No.2 that Entry
No.80 specifically refers to "Olympic/Asian/Common
Wealth/National Games disciplines only" and therefore, the event in
question can be considered as falling under the said entry only if
the recognition had been granted by IOA. However, we find no
merit in the said contention. The expression "Olympic / Asian /
Common Wealth / National Games disciplines only" merely
- 13 -
NC: 2025:KHC:41216-DB
HC-KAR
identifies the disciplines of sports and does not posit any affiliation
with the IOA. There is no dispute that Taekwondo is one of the
disciplines in which events are held in Olympics as well as Asian
Common Wealth Games.
23. In view of the above, the appeal is allowed to the limited
extent that the directions for evaluation issued by learned Single
Judge are required to be complied with by respondent No.2 and not
by the appellant. Accordingly, we direct respondent No.2 to
forthwith evaluate the marks of the writ petitioner and forward the
same to the appellant.
24. The impugned order is modified to the aforesaid extent.
25. Pending application stands disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
KPS
