Kerala High Court
Sree Lakshmi Krishnankutty vs The Commissioner For Entrance ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33279 OF 2022
PETITIONER/S:
SREE LAKSHMI KRISHNANKUTTY
AGED 23 YEARS
D/O.KRISHNANKUTTY.NP,
'KRISHNAKRIPA', 7/1395, PIRIVUSALA,
CHANDRANAGAR POST, PALAKKAD-678007.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
RESPONDENT/S:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATION
VTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI
NAGAR,
THIRUVANANTHAPURAM-695001.
2 THE KERALA STATE SPORTS COUNCIL,
STATUE JUNCTION, THIRUVANANTHAPURAM-695001.
3 THE NATIONAL RIFLE ASSOCIATION OF INDIA,
51-B, TUGLAKABAD INSTITUTIONAL AREA, NEW DELHI-
110062, REPRESENTED BY THE SECRETARY GENERAL.
4 KERALA STATE RIFLE ASSOCIATION,
IIND FLOOR, MAIN ENTRY GATE, CHANDRASEKHARAN
NAIR STADIUM,
THIRUVANANTHAPURAM-695033, REP.BY THE SECRETARY.
OTHER PRESENT:
GP AMMINIKUTTY K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 33279 of 2022
-2-
JUDGMENT
Dated this the 20th day of October, 2022
The petitioner is a sportswoman and has
achieved laurels in National Shooting
Championships. The National Shooting
Championships are held on a yearly basis. Due to
the spread of Covid pandemic and the lockdown,
the National Championship was not held in the
year 2020-2021. The petitioner aspires for
admission to the MBBS course under the sports
quota and for that purpose, she has to produce
proof regarding her achievements. As per Ext.P4
prospectus, the achievements in two financial
years (1st April to 31st March) previous to the
year of selection alone will be considered.
However, with respect to the competitions which
are not organised annually, the immediately
previous competition will be deemed as the
previous two financial years. The petitioner got
W.P.(C) No. 33279 of 2022
the required achievement in the 63rd National
Championship held in the year 2019-20 and also
participated in the 64th National Championship of
the year 2021-22. Petitioner's contention is that
as the National Championship was not held in the
year 2020-21, her achievement in the 63rd National
Championship should be reckoned for the purpose
of computing her score and in such event, sports
quota should become eligible for admission.
2. I heard the learned Counsel for the
petitioner and the learned Standing Counsel for
the Sports Council.
3. Learned Standing Counsel made available
the Division Bench judgment in W.A.No.1563 of
2021 in which an identical question was
considered. After elaborate consideration, the
Division Bench held as under;
"8. Admittedly, for admission for
the academic year 2021- 2022, the
appellant is not entitled to get the
benefit of the first limb of the
W.P.(C) No. 33279 of 2022
condition No.5 since she was a
participant, by which she raised the
claim for sports quota, during the
financial year 2018-2019. Therefore,
when the two financial years previous to
the year of selection are taken into
consideration as provided in the first
limb of condition No.5, the appellant is
not entitled to get admission in sports
quota. The case put forth by the
appellant is that by virtue of the
second limb of condition No.5, since
competitions are not conducted during
the financial years 2019-2020 and 2020-
2021, the appellant is entitled to be
considered by virtue of her
participation in the competition during
2018-2019. But we are unable to agree
with the same since the second limb of
condition No.5 is in respect of the
competitions which are not organized
annually, and thus means the
competitions which are organized only
periodically.
9....
10. Chess is a competition conducted
every year. However, during the years
2019-2020 and 2020-2021, due to the
pandemic Covid-19, the chess tournament
could not be conducted which can only be
W.P.(C) No. 33279 of 2022
said to be an inaction or default on the
part of the competent authority to
conduct the tournament. Such a default
is not covered as per the second limb of
condition No.5. Second limb of Condition
No.5, as we have pointed out above,
deals only with the competitions which
are not organized annually. To put it
otherwise the second limb of condition
No.5 takes care of certain sports events
conducted only in regular intervals,
such as Olympics, World Cup etc., and it
is to protect the interests of such
persons the second limb is incorporated
in the condition. Therefore, there is no
much force in the said contention, to
upset or overturn the findings and
conclusions rendered by the learned
single Judge."
Being in respectful agreement and being bound
by the Division Bench judgment, the petitioner's
claim is rejected. Consequently, the writ
petition is dismissed.
Sd/-
V.G.ARUN
JUDGE
Scl/20.10.2022
W.P.(C) No. 33279 of 2022
APPENDIX OF WP(C) 33279/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIRST PAGE OF THE
CIRCULAR DATED 05.11.2019 ISSUED BY
THE 3RD RESPONDENT IN CONNECTION WITH
63RD NATIONAL SHOOTING CHAMPIONSHIP
COMPETITION.
Exhibit P2 TRUE COPY OF THE FIRST PAGE OF THE
CIRCULAR DATED 08.10.2021 ISSUED BY
THE 3RD RESPONDENT IN CONNECTION WITH
64TH NATIONAL SHOOTING COMPETITION.
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED TO
THE PETITIONER BY THE 3RD RESPONDENT
IN CONNECTION WITH THE 63RD NATIONAL
SHOWING CHAMPIONSHIP COMPETITIONS.
Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF
THE NOTE REGARDING QUALIFICATION
ONTAKING PART IN THE COMPETITION DEALT
WITH IN THE PROSPECTUS-2022 PUBLISHED
BY THE FIRST RESPONDENT.
Exhibit P5 TRUE COPY OF ANNEXURE XVIII(II)
ATTACHED TO THE PROSPECTUS ISSUED BY
THE FIRST RESPONDENT FOR THE YEAR
2022.
Exhibit P6 TRUE COPY OF ANNEXURE III(2) OF THE
PROSPECTUS ISSUED BY THE FIRST
RESPONDENT FOR 2022.
Exhibit P7 RELEVANT PORTION OF CLAUSE 5.2.16 OF
THE PROSPECTUS ISSUED BY THE FIRST
RESPONDENT FOR 2022.
Exhibit P8 TRUE COPY OF THE LETTER DATED 13-10-
2022 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER.
Exhibit P9 TRUE COPY OF THE APPLICATION
ACKNOWLEDGEMENT-KEAM-2022 ISSUED TO
THE PETITIONER.
Exhibit P10 TRUE COPY OF THE PUBLICATION DATED 17-
10-2022 ISSUED BY THE FIRST
RESPONDENT.
