Kerala High Court
Lakshmi Akshara Raj vs State Of Kerala on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 21838 OF 2021
PETITIONER:
LAKSHMI AKSHARA RAJ,
AGED 19 YEARS,
D/O. JAYARAJ P.N.,
POIYALALATH (H), MULAVUKAD,
ERNAKULAM, KERALA-682 504.
BY ADVS.
SRI.B.DEEPAK
SRI.KARTHIK BHAVADASAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE KERALA STATE SPORTS COUNCIL,
THIRUVANANTHAPURAM-695 001,
REPRESENTED BY ITS SECRETARY.
3 CHESS ASSOCIATION OF KERALA,
REPRESENTED BY ITS GENERAL SECRETARY,
AARYATTUPARAMBIL BUILDING,
BEHIND ANDHRA BANK,
KANJIKUZHY, KOTTAYAM-686 004.
4 COMMISSIONER OF JOINT ENTRANCE EXAMINATION,
HOUSING BOARD BUILDING,
5TH FLOOR, THAMPANOOR,
THIRUVANANTHAPURAM-695 033.
5 THE DIRECTOR OF PUBLIC INSTRUCTION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
BY ADV SRI.P.G.PRAMOD, GOVERNMENT PLEADER
SRI.RANJITH K.R, GOVERNMENT PLEADER (APPEAR)
SMT.LATHA ANAND, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.21838/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 2nd day of November, 2021
The petitioner, who is an applicant for the National
Eligibility cum Entrance Test (UG) 2021 (NEET 2021) and
KEAM 2021, has filed this writ petition seeking to declare that
the petitioner is entitled to the sports quota for admission in
KEAM 2021 and other professional courses as applicable to
sports persons of other associations in accordance with
Ext.P6.
2. The petitioner submits that the petitioner was a
Member of the 3rd respondent-Chess Association of Kerala.
The petitioner has international rating identity No.25008714.
She has participated in National Level and State Level Chess
Championships and won medals also. The petitioner has
participated in both individual and team events. The petitioner
participated in the 61st Kerala State School Games
Championship organised by the 5 th respondent and has
WP(C) No.21838/2021
obtained Ext.P4 certificate.
3. The petitioner states that as per Clause 5 of Ext.P6
Prospectus of the KEAM, in any event where competitions are
not organised annually, the performance in the previous two
years has to be considered. Due to Covid-19, no competition
could be conducted in respect of the game Chess in the
academic year 2020-2021. The petitioner submitted
representation to the 2nd respondent-Kerala State Sports
Council requesting to consider her case in the individual
sports quota list. The petitioner also sought to consider her on
merit in the team sports quota also. However, when the 2 nd
respondent published the list of candidates who were to be
considered for the sports quota, the name of the petitioner
was not included in the list. No reason is advanced for
exclusion of the petitioner from consideration. It is in such
circumstances that the petitioner has approached this Court.
4. According to the petitioner, Ext.P6 would show that
the petitioner is entitled to get the benefits of Clause 5.2.16
read with Note "Minimum Eligibility for Admission to
WP(C) No.21838/2021
Professional Courses under Sports Quota" in the Prospectus
of KEAM 2021 as there was no chess competition held in the
year 2020-2021 due to Covid-19. In such circumstances, the
petitioner is entitled to the sports quota admission in KEAM
2021, considering the petitioner's performance in the previous
years.
5. The 2nd respondent filed a statement. According to
the 2nd respondent, the contention of the petitioner that sports
events and competitions were not held during the year
2020-2021 due to Covid-19 pandemic is not correct. The 2 nd
respondent stated that the 65 th National School Games were
held, including Boys and Girls Chess Competition. As part of
the 65th Nationla School Games 2020-2021, the Under-19
Boys and Girls Chess Competition was also held in Andhra
Pradesh from 13.01.2020 to 16.01.2020. One candidate has
submitted a certificate for an event that was held between
18.01.2020 and 16.01.2021.
6. The 2nd respondent further submitted that the
standing committee meeting of the 2nd respondent held on
WP(C) No.21838/2021
20.08.2020 decided to award Grace marks to the sports
persons considering the performance in previous two years for
preparation of sports quota list of eligible candidates for
professional courses. The performance of the candidates
during 2019-2020 and 2020-2021 was considered. If the
performance of the petitioner for the year 2018-2019 is
considered for sports quota allocation for 2021, the entire
system of selection of candidates for sports quota list for
professional courses will be toppled. The 2 nd respondent has
already forwarded a list of candidates whose names should be
considered for sports quota.
7. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing
respondents 1, 4 and 5 and the learned Standing Counsel for
the 2nd respondent.
8. The crux of the arguments of the petitioner is that
she had won competitions in the year 2018-2019 in Chess
tournaments. Due to Covid-19, chess sports events could not
take place subsequently. Therefore, in the light of Ext.P6
WP(C) No.21838/2021
Prospectus, the petitioner's tournaments in the year 2018-
2019 should be considered, for inclusion of the petitioner in
the list of sports quota.
9. Ext.P6 is the Prospectus governing admission to
KEAM 2021 and provides minimum eligibility for admission to
professional courses under sports quota. Clause 5 of the
Minimum Eligibility as laid down in Ext.P6 reads as follows:
"The achievements in two financial years (1st April to
31st March) previous to the year of selection shall
alone be considered. However, in the case of
competitions which are not organised annually the
immediately previous competitions shall be deemed
as the previous two financial years for the purpose of
this list."
The petitioner's case is that in view of the above provision, the
performance of the petitioner during the year 2018-2019 is
liable to be considered.
10. The 2nd respondent has stated that Chess
Championship was held in 2020-2021. The 65 th National
School Games were held, including Boys and Girls Chess
Competition. As part of the 65th National School Games 2020-
WP(C) No.21838/2021
2021, the Under-19 Boys and Girls Chess Competition was
held in Andhra Pradesh from 13.01.2020 to 16.01.2020.
Annexure-R2(a) copy of the certificate has been submitted by
one of the candidates who participated in the competition held
between 13.01.2020 and 16.01.2021. The 2 nd respondent has
produced Annexure-R2(b) participant report of another
candidate in the 65th National School Games Under-19 Girls
Chess competition. The standing committee meeting of the
2nd respondent held on 20.08.2020 decided to award Grace
marks to the sports persons considering the performance in
previous two years for preparation of sports quota list of
eligible candidates for professional courses. During
2019-2020 and 2020-2021, the performance of the candidates
was considered for preparation of the list for the year 2021.
11. The learned counsel for the petitioner would submit
that the competition held during 13.01.2020 to 16.01.2020
could be only of the year 2019-2020.
12. A perusal of Clause 5 in Ext.P6 Prospectus would
show that the achievements in two financial years previous to
WP(C) No.21838/2021
the year of selection alone is to be considered. It is specifically
stated that in the case of competitions which are not
organised annually, the immediately previous competitions
shall be deemed as the previous two financial years for the
purpose of the list. What is contemplated in Clause 5 is that
where in respect of any sports event, competitions are not
envisaged regularly every year, then the last of such
competitions should be considered for the purpose of the
preparation of the list. In this case, it is not disputed that the
Chess Championships are held annually. In the
circumstances, the petitioner cannot be granted any relief
based on Clause 5 of Ext.P6 minimum eligibility for admission
to professional courses under sports quota.
For the said reason, the petitioner is not entitled to
any relief in the writ petition. The writ petition is accordingly
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/09.11.2021
WP(C) No.21838/2021
APPENDIX OF WP(C) 21838/2021
PETITIONER'S EXHIBITS:
Exhibit P1 THE PRINTOUT OF THE CONFIRMATION PAGE
OF NEET 2021 DATED 15.7.2021.
Exhibit P2 THE PRINTOUT DATED 4.6.2021 OF THE
APPLICATION ACKNOWLEDGEMENT OF KEAM
2021.
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE OF
MERIT DATED 27.5.2018 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE OF
MERIT DATED 12.10.2018 ISSUED TO THE
PETITIONER FOR INDIVIDUAL EVENT
ORGANIZED BY THE 5TH RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE CERTIFICATE OF
PARTICIPATION DATED 9.12.2018 ISSUED BY
SCHOOL GAMES FEDERATION OF INDIA.
Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGES OF
THE PROSPECTUS OF KEAM 2021.
Exhibit P7 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF
RECEIPT OF THE REPRESENTATIONS TO THE
2ND RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF
RECEIPT OF THE REPRESENTATIONS TO THE
2ND RESPONDENT.
Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED
11.5.2018 IN WPC NO.15118 OF 2018.
RESPONDENTS' EXHIBITS:
ANNEXURE R2(a) TRUE COPY OF CERTIFICATE DATEDS
15.01.2020 ISSUED TO MR.ALEX C.JOY
ANNEXURE R2(b) TRUE COPY OF THE PARTICIPANT REPORT OF
THE 65TH NATIONAL SCHOOL GAMES UNDER 19
GIRLS CHESS COMPETITION
ANNEXURE R2(c) TRUE COPY OF THE LETTER DATED
18.10.2021 SENT BY SPORTS COUNCIL.
SR
