Kerala High Court
Abhinandlal vs The State Of Kerala on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TH
THURSDAY, THE 25 DAY OF AUGUST 2023 / 2ND BHADRA, 1945
WP(C) NO. 25005 OF 2023
PETITIONERS:
1 ABHINANDLAL, AGED 19 YEARS S/O. B.S. MANILAL, SARASWATHI BHAVAN,
NJARACKAL, PERINAD P.O., KOLLAM DISTRICT, PIN - 691601
2 NIRANJANA, AGED 18 YEARS D/O. DILEEP, RAJEEV VIHAR GRA 254,
GOWREESHAPATTOM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
3 GAUTHAM KISHOR, AGED 19 YEAR S/O. DR. KISHOR, THARAYIL HOUSE,
KOTTAPURAM P.O., KODUGALLOOR, THRISSUR DISTRICT, PIN - 680667
BY ADVS.SUNIL V.MOHAMMEDMANOJ N.P.KULUSUAJITHA APPUTOM PIOUS
RESPONDENTS:
1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE SPORTS COUNCIL, STATUE, THIRUVANANTHAPURAM, REP. BY
ITS SECRETARY, PIN - 695001
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS5TH FLOOR, KSHB
BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001
4 VASUDEVAN DEEPAKS/O. DEEPAK, 15, SHIVA, PUTHIYARA, KOZHIKODE
DISTRICT, PIN - 673004
5 ANU SYNA S.D/O. SHAHIR V.K., 'RHYTHAM', NEYTHKULANGARA, CHEVAYUR,
KOZHIKODE DISTRICT, PIN - 673017
6 BRIJIT JOSEPHD/O. JOSEPH, THOONUMKAL HOUSE, EZHACHERY P.O.,
KOTTAYAM-686 651., PIN - 686651
BY ADVS.ADVOCATE GENERAL OFFICE KERALA P.SANJAY SOJAN
JAMESK.C.VINCENTSRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-
50)A.PARVATHI MENON(K/000268/1991)INDIRA.K.P.(K/000085/1984)KIRAN
NARAYANAN(K/000131/2018)RAHUL RAJ P.(K/547/2020)E.S.BEENA(B-118)
STANDING COUNSEL SMT.LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.08.2023, ALONG WITH
WP(C).15579/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.15579 & 25005 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TH
THURSDAY, THE 25 DAY OF AUGUST 2023 / 2ND BHADRA, 1945
WP(C) NO. 15579 OF 2023
PETITIONER:
BRIJIT JOSEPHAGED 19 YEARS, D/O JOSEPH, THOONUMKAL HOUSE,
EZHACHERY P.O., KOTTAYAM, PIN - 686651
BY ADV K.C.VINCENT
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE SPORTS COUNCIL STATUE, THIRUVANAN6THAPURAM,
KERALA , REPRESENTED BY ITS SECRETARY, PIN - 695001
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS 5TH FLOOR,
K.S.H.B. BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001
4 SPORTS AUTHORITY OF INDIA KARYAVATTOM P.O.,
THIRUVANANTHAPURAM, KERALA, PIN - 695581
5 ADDL.R5 AMARNATH,S/O ANOOP KALLATH, AGED 18 YEARS,
PAVITHRAM, NADAKKAVU, UDINUR, KASARGODE-671310.
6 ADDL.R6 GAUTHAM KISOR,S/O DR.KISTOR, AGED 19 YEARS,
THARAYIL HOUSE, KOTTAPURAM P.O., KODUNGALLOR, THRISSUR-
680667.
7 ADDL.R7 NIRANJANA, D/O DILEEP, AGED 18 YEARS, RAJEEV VIHAR
GRE 254, GOWREESHAPATTOM, PATTOM, THIRUVANANTHAPURAM-
680667.
8 ADDL.R8 ABHINANDIAL,S/O B.S. MANILAL, AGED 19 YEARS,
SARASWATHY BHAVAN, NJARACKAL, PERIPAD P.O., KOLLAM-691601.
[ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER DATED 09.08.2023
IN I.A-5/2023 IN WP(C) 15579/2023]
BY ADVS. ADVOCATE GENERAL OFFICE KERALA LATHA ANAND SUNIL
V.MOHAMMED SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)TOM
PIOUS MANOJ N.
STANDING COUNSEL SMT.LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.08.2023, ALONG WITH WP(C).25005/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.15579 & 25005 of 2023 3
VIJU ABRAHAM,J
-----------------------
W.P.(C).Nos.15579 & 25005 of 2023
-------------------------------------
Dated this the 25th day of August, 2023
JUDGMENT
WP(C) No.15579 of 2023
The above writ petition is filed seeking to
quash Annexure XVIII(ii) of Ext.P7 to the extent it
excludes the players of the 4th respondent for
awarding marks based on their participation in the
National championships.
2. Petitioner had completed her Plus Two course
with meritorious performance during March, 2022, as
is evident from Ext.P1 mark list published by the
Board of Higher Secondary Examinations, Government
of Kerala. Petitioner was a student of MVHSS,
Thundathil from 9th standard onwards, in view of her
selection as Trainee in Volley Ball by Sports
Authority of India was staying at SAI Hostel at
Karyavattom, Thiruvananthapuram and completed plus
two course in 2022. Petitioner was a member of the
W.P.(C).Nos.15579 & 25005 of 2023 4
Junior Girls Volleyball team which secured 3rd
position in the State School Games Championship
2019-2020, as is evident from Ext.P2. Likewise, the
petitioner also participated in the State Sub
Junior Volleyball Championship held in October
2019, as is evident from Ext.P3 certificate of
participation. Petitioner while in her higher
secondary school participated in the 47th Junior
National Volleyball Championship Boys and Girls
held at Burdwan West Bengal as a player of Sports
Authority of India, as is evident from Ext.P4, true
copy of the souvenir certifying her participation
in the said tournament. Petitioner after successful
completion of her higher secondary examination
wanted to join for MBBS, appeared in the NEET
examination in the last year and approached the 3rd
respondent with a claim for reservation under the
sports quota but the claim was not acceded to. As
her performance in NEET was not exceptional, she
was not selected for admission during last year.
The petitioner submits that she could not prepare
W.P.(C).Nos.15579 & 25005 of 2023 5
enough for the NEET examination due to lack of time
in the midst of coaching and competitions in
volleyball. After preparing hard, she appeared for
NEET examination on 7.5.2023, as is evident from
Ext.P5 application form. The petitioner opted for
reservation under sports quota and also submitted
Ext.P6 application before the 2nd respondent for
allotment of marks after evaluating her proficiency
in sports. The scheme of reservation, eligibility,
procedure, etc., as provided in Ext.P7 prospectus
for admission to professional degree courses
published by the Government of India applicable for
the year 2023. Petitioner submits that she is
eligible for reservation under the sports quota in
view of her participation in the 47th National
Junior Volleyball championship for boys and girls
held at Burdwan West Bengal. Petitioner submits
that since she has participated in a team event is
eligible for 57 marks which is serial No.44 in
Annexure- XVIII(ii) of Ext.P7 prospectus.
Petitioner reliably learnt that the 2nd respondent
W.P.(C).Nos.15579 & 25005 of 2023 6
will reject the claim of the petitioner for
reservation under priority No.44 stating that those
representing the State in the National Championship
for Junior Youth do not include the players
representing the 4th respondent Sports Authority of
India. Petitioner submits that even the State
teams as well as the team of SAI, the 4 th respondent
herein, were given equal status at the National
Championship held during December 2021 and all the
players, who participated in the national
championship either before the State, SAI or under
any other jersey were treated as equals and shall
not be discriminated based on the name of the team
or colour of the jersey represented. It is in the
said circumstance, that the petitioner has
approached this Court.
3. When the matter came up for consideration
before this Court earlier, this Court as per order
dated 26.6.2023 directed the 2nd respondent, Sports
Council of India to scrutinize the certificates
submitted by the petitioner and forward the name of
W.P.(C).Nos.15579 & 25005 of 2023 7
the petitioner also, if she is found eligible after
scrutiny, strictly on a provisional basis. It was
made clear in the order that the said direction is
issued only to determine whether the petitioner
will come within the zone of consideration for
admission under the sports quota for any of the
professional courses applied for by the petitioner
and that the petitioner cannot claim any benefit
for the reason that her name is forwarded by the 2 nd
respondent and the same will be subject to further
orders by this Court. This Court as per the order
dated 24.7.2023 issued further direction to the 3rd
respondent to take necessary steps to include the
petitioner provisionally in the list under the
category of sports quota based on the merit of the
petitioner as forwarded by the 2nd respondent. In
the said order also it was made clear that
inclusion of the petitioner in the said list will
be strictly provisional, subject to the final
orders to be passed in the writ petition.
4. A detailed counter affidavit has been filed
W.P.(C).Nos.15579 & 25005 of 2023 8
by the 1st respondent Government contending on the
strength of Section 31(1A) Clause (ix) of the
Kerala Sports Act, 2000 that only the certificates
issued to the winners and participants of State
level competitions conducted by recognized State
Sports Organizations which are countersigned by the
observer and nominated by the State Sports Council
shall be considered for awarding grace marks to
sports persons and further submits that the Kerala
Sports Act provides for a system of stringent
selection process from the District level to the
State level to select competent sports persons for
participating in the National Championships in the
respective sports items. But in the case of Sports
Authority of India they allow candidates to
participate in the National Championships conducted
by them, bypassing all the above-mentioned
selection process, and the National championship in
which the petitioner had participated is one of
such sports events. On the basis of the same, it
is submitted that the certificates produced by the
W.P.(C).Nos.15579 & 25005 of 2023 9
petitioner will not come under the criteria
mentioned in Section 31(1A) Caluse (ix) of the
Kerala Sports Act and G.O.(Rt) No.42/2020/S&YA
dated 10.2.2020. It is further contended that in
order to promote Sports, the Government of Kerala
has provided the Sports Quota appointment in
Government Organizations and also Sports Quota
admissions to Institutions of Higher Education in
Kerala for promoting and supporting the sports
personnel who have represented Kerala State and
participated and won achievements in the National
and International Sports event, which cannot be
extended to a person who have represented any other
State or Sports Authority of India or any other
organisation in such events. On the basis of the
same, the 1st respondent sought for dismissal of
the writ petition.
5. The Kerala State Sports Council, the 2 nd
respondent has also filed a detailed counter
affidavit in which also the provisions of Section
31(1A)(ix) of Kerala Sports Act, 2000 was relied on
and contended that as per the said provision, only
the participants selected by recognized sports
organizations in Kerala shall be considered for
grace marks. Therefore, the petitioner is not
entitled for reservation provided for sports
personnels who have represented the State in
various level of competition.
6. The petitioners in WP(C) No.25005/2023 got
themselves impleaded as additional respondents 5 to
7 in this writ petition and opposed the reliefs
sought for by the petitioner.
7. Petitioner submits that pursuant to the
interim order passed by this Court petitioner got
allotment at Government Medical College at Trichur,
being in the 3rd position in the order of
preference, on a provisional basis.
WP(C) No.25005 of 2023
8. The above writ petition is filed by the
respondents 6 to 8 in WP(C)No.15579 of 2023. The
above writ petition is filed seeking to quash
Exts.P3, P5 and P12 and for a consequential
W.P.(C).Nos.15579 & 25005 of 2023 11
direction to respondents 2 and 3 to redo Exts.P3,
P5 and P12 by excluding ineligible candidates and
avoid inclusion of the said candidates in both
individual and Team Category strictly in accordance
with the norms in Ext.P1 and taking note of Exts.P6
and P8 judgments within a time frame, at any rate
before the commencement of allotment process for
admission to MBBS Course 2023-2024 based on
Ext.P1. Petitioner has also sought for other
consequential reliefs.
9. On the basis of Ext.P1 prospectus, the 2 nd
respondent published the final priority list of
Sports Quota for admission to MBBS for individual
events as per Ext.P2 list and by Ext.P3 final
priority rank list of sports quota for admission to
team event was also published. Petitioners have
merit certificates coming under Priority No.62 (39
marks), Priority No.59 (42 marks) and Priority
No.43(58 marks), respectively in Annexure-XVIII(ii)
attached to Ext.P1. In Exts.P2 and P3 lists, the 4th
and 5th respondents are seen included. Petitioners
W.P.(C).Nos.15579 & 25005 of 2023 12
submit that going by the minimum eligibility norms
in Ext.P1, when a candidate has a number of
achievements in different disciplines, the best
achievement will only be taken into consideration
and while preparing the priority list, individual
achievements will be ranked above team
achievements. The 4th respondent is given priority
No.49 (59 marks) and the 5th respondent is priority
No.41 (60 marks) as per Annexure XVIII(ii) in
Ext.P1 in both Exts.P2 and P3 lists. The contention
of the petitioners that they ought to have been
included only in Ext.P2 individual event list going
by the minimum eligibility norms in Ext.P1, it is
illegal to include the 4th and 5th respondents in
both individual and Team event lists. Petitioners
submit that in view of the said illegality
committed, the prospectus of the petitioner to get
admission from Ext.P3 list for team event is
affected. Pointing out all the illegalities
petitioners have preferred Ext.P4 representation
before the 3rd respondent. Thereafter, the 3rd
W.P.(C).Nos.15579 & 25005 of 2023 13
respondent published a separate Provisional
Category Rank list of individual and team events as
per Ext.P5 and in Ext.P5 respondents Nos. 4 and 5
are ranked 1st and 2nd for both individual and team
category which according to the petitioners are
overlooking the norms in Ext.P1. The petitioners
further contend that 4th and 5th respondents should
be included only in Ext.P2 and Ext.P5 individual
list/category and contend that the merit claimed by
respondents 4 and 5 is in the game of shooting and
in the game of shooting, individual scores of the
participant are considered even when the
participant competes in team event. This aspect was
considered by this Court in Exts.P6 judgment in WA
No.1757 of 2019. As regards the 6th respondent is
concerned she has not found a place in Ext.P3 being
ineligible as she did not hold the requisite merit
in any of the priorities in Annexure XVIII(ii) in
Ext.P1. The merit claimed by the 6th respondent is
representing SAI in Junior Nationals held by the
Volleyball Federation of India and she has been
W.P.(C).Nos.15579 & 25005 of 2023 14
included in Ext.P5 in team category granting her
priority No.44 in Annexure XVIII(ii). It is the
contention of the petitioner that the Volleyball
Federation of India has been de-recognized by the
Ministry of Youth affairs and Sports from 25.6.2020
and its State Association is suspended by the 2nd
respondent for the said reason, as is evident from
Ext.P8. Participating for Sports Authority of India
is not representing State, National or University
team. Exts.P9 to P11 are the objections preferred
by the petitioners. Now the final category ranked
list is published by the 3rd respondent and in
Ext.P12, in both in team events, respondents 4 and
5 are included as ranked Nos.1 and 2 and the 6th
respondent is also included in Ext.P5 final ranked
list of team events for admission of Sports quota
for MBBS. In Ext.P12 the petitioners are ranked 8,
7 and 6 respectively in team category and
respondents 4 to 6 are ranked 1 and 2 respectively,
in both individual and team category and the 6th
respondent is ranked 4 in team category in Ext.P12
W.P.(C).Nos.15579 & 25005 of 2023 15
due to the wrong inclusion of ineligible candidates
as well as non-compliance of the norms while
including candidates, the petitioners are highly
prejudiced as their chances to get admission under
Sports Quota stands reduced.
10. A detailed counter affidavit has been filed
by the 2nd respondent contending that as Kerala
Sports Council is a statutory body formed as per
Kerala Sports Act 2000 they are bound to follow the
Government guidelines in each and every action it
performs. It is submitted that as per Ext.P1
prospectus, the Sports Council is entrusted with a
duty to allot marks to the candidates as per the
proficiency in sports, in the light of Annexure
XVIII(ii). The prospectus mandates that the mark
list of candidates under individual events and team
events should be prepared separately and forwarded
to the Commissioner of Entrance Examination. This
means that this respondent is required to prepare a
separate list for individual and team events,
including all eligible-candidates, even if they
W.P.(C).Nos.15579 & 25005 of 2023 16
find a place in both the lists. Clause 8(c) of the
note to Annexure XVIII(ii) is not applicable in the
present case, as it is confined only to a situation
where there is a tie. The conditions and criteria
fixed by the KEAM prospectus were fully complied by
the State Sports Council before forwarding the list
of eligible candidates for sports quota admission
to the Commissioner of Entrance Examinations. The
contention of the petitioner that the sports person
who participates in a team event should not be
considered for sports quota if he had already
participated in an individual event is not correct.
It may be noted that a sports person can
participate both in individual events as well as
team events in the same sport. In sports like
chess, shooting, badminton and tennis, there are
individual events as well as team events. A sports
person can participate both in individual events as
well as team events. In individual events, the
proficiency of the whole team is tested. In a team
event, the individual's proficiency cannot be
W.P.(C).Nos.15579 & 25005 of 2023 17
separated from the team's performance.
11. The 6th respondent has filed a detailed
counter affidavit. It is submitted that the
petitioner is trying to misinterpret the priorities
in Annexure XVIII(ii) appended to the Prospectus.
It is true that the 6th respondent participated in
the 47th National Volleyball Championship for Boys
and Girls held at Burdwan, West Bengal from
25.12.2021 to 30.12.2021, representing SAI. It is
worthy to note that the priority given as per
Annexure XVIII(ii) do not exclude a student studied
in the Universities of Kerala or the State Board
only for the reason that he/she represented in
Championship under any other banner. The students
participated in National Championships for
Men/Women representing the Indian University Team
are eligible for sports quota seats if they were
students of any University in Kerala. Some of the
priorities even do not specifically state that the
participant in All India Games needs to be a
student from Kerala for claiming priority. As such
W.P.(C).Nos.15579 & 25005 of 2023 18
the banner under which the candidate participates
is not of relevance but it is crystal clear that
the students from the State are eligible for claim
for MBBS seats under sports quota. The suspension
of the State Association or the derecognition, if
any of the Volleyball Federation of India has no
relevance in the matter of sports quota list for
MBBS in Kerala in view of the directives in
Annexure XVIII(ii). This respondent is not aware
of the allegations raised against the Volleyball
Federation of India and it is for the petitioners
to prove it, though not relevant to decide the
present issue. This respondent participated in
competitions conducted by the State or
Championships where the State Team also
participated as is evident from Ext P8, produced in
WPC 15579 of 2023. It is further submitted that
the name of this respondent was forwarded to the 3rd
respondent after strict scrutiny and found
eligible. The allegations otherwise are baseless
and not supported by any directives or guidelines
W.P.(C).Nos.15579 & 25005 of 2023 19
issued by the State Government or any other
authority. This respondent is eligible to be
included in the list at the position now
provisionally included and prayed that the interim
order passed in WP(C) No.15579 of 2023 may be made
absolute. This respondent was issued with allotment
at Government Medical College, Thrissur, strictly
on a provisional basis subject to further orders to
be passed in WP(C) No.15579 of 2023 and was
permitted to remit fee on 5.8.2023.
12. An affidavit has been filed by the petitioner
dated 7.8.2023, producing the certificate of merits
in respect of the petitioners as Ext.P13 to P15.
It is further contended that the Kerala State
Volleyball Association, which is the State Sports
Association of the Volleyball Federation of India
Stands suspended by the 2nd respondent as is evident
from Ext.P16 and that the 2nd respondent has issued
Ext.P17 notice that it will henceforth organize
volleyball tournaments in the State and
Certificates issued by the 2nd respondent will only
W.P.(C).Nos.15579 & 25005 of 2023 20
carry grace marks and other benefits. It is further
submitted that going by Ext.P19 order the
suspension as against the Kerala Volleyball
Association still continues till date and in
Ext.P20 list of State Sports Association recognized
by the 2nd respondent for the year 2021-2022 would
also reflect the above fact of suspension of the
Kerala State Volleyball Association.
13. A detailed counter affidavit has been
filed by the 5th respondent contending that in the
first phase of allotment, petitioner was allotted
Government Medical College, Kozhikode and she
joined the College and remitted fee on 05.08.2023,
as is evident from Ext.R5(a). The respondents are
put in the dark without even producing the
certificates of the petitioner's proficiency in
sports for consideration under sports quota and
especially under the "Team Events" as they are
challenging the category list for "Sports Quota
Team Events". When the petitioners state that the
2nd and 3rd respondents had prepared category rank
list including ineligible candidates, it is worthy
to note that nothing has been produced by the
petitioners to show their eligibility to be
included in the same list. To the knowledge of
this respondent, the 2nd respondent had thoroughly
scrutinised the documents produced by the
candidates and it was based on such scrutiny that
the priority list was forwarded to the 3rd
respondent. When the petitioners challenge the
credentials of this respondent, they are duty bound
to disclose their own credentials for scrutiny by
the affected parties.
14. As regard the 4th respondent in this writ
petition is concerned he has been granted admission
in the merit quota and therefore, the petitioner
would submit that his admission is not under
challenge in this proceedings.
15. I have heard the contentions on both sides.
Clause 6 of the prospectus deals with the
eligibility criteria for admission and Clause 6.1
mandates that the candidate seeking admission to
W.P.(C).Nos.15579 & 25005 of 2023 22
professional courses will be categorized as
Keralite, non-Keralaite category I and non-
Keralaite category II. Going by Clause 6, only
candidates coming under the category Keralaite will
be entitled for special reservation which includes
admission under the Sports quota. Clause 5.2.16
deals with sports quota admission which mandates
that the candidates who claim reservation under
sports quota shall fulfil their eligibility based
on the norms of Kerala Sports Council appended in
Annexure XVIII(ii) prior to submission of
applications. Annexure XVIII(ii) provides the
order of priority for selection of candidates.
Petitioner completed plus two course and was issued
with Ext P1 marklist published by the Board of
Higher Secondary Education. Petitioner was a
student of MVHSS, Tundathil and she joined the said
school in 9th standard during the academic year
2018-19 in view of her selection as a trainee in
volleyball by the Sports Authority of India,
Karyavattom, Thiruvananthapuram. Petitioner was a
W.P.(C).Nos.15579 & 25005 of 2023 23
member of Junior Girls Volleyball team which
secured 3rd position in the State School Games
Championship 2019-2020 as is evident from Ext. P2.
Similarly, she also participated in the Kerala
State Sub junior Championship held in October 2019,
representing Thiruvananthapuram District as is
evident from Ext. P3 certificate. The petitioner
while in higher secondary school participated in
the 47th Junior National Volleyball Championship
for Boys and Girls, held at Burdwan, West Bengal as
a player of Sports Authority of India, as is
evident from Ext P4. Petitioner submits that she
has been selected to the SAI Hostel after
undergoing a selection process, i.e., through a
Talent Hunt conducted by them while studying in 8th
Standard. Petitioner appeared for the Selection
camp at St. Thomas College, Pala and was directed
to appear for the second stage of selection camp
conducted for a week at the SAI campus,
Thiruvananthapuram. The selection is based on
performance, aptitude, height and other physical
W.P.(C).Nos.15579 & 25005 of 2023 24
and health conditions. After being selected by SAI
for sports hostel at Karyavattom,
Thiruvananthapuram, the petitioner secured
admission at MVHSS, Tundathil in 9th standard
during academic year 2018-19 and completed plus two
in 2022. The petitioner has participated in the
State Subjunior Championship under the banner
Thiruvananthapuram District. Admittedly, petitioner
comes under the definition of Keralaite who alone
is entitled for special reservation including
Sports quota. It is also not in dispute that the
petitioner was studying in a Higher Secondary
School in Kerala, and has participated in various
tournaments representing Thiruvananthapuram
District as is evident from Ext P2 and P3.
Petitioner was selected by SAI after undergoing a
rigorous selection process from among the various
student sports persons in the State of Kerala and
she has participated in the 47th Junior National
Volleyball Championship for Boys and Girls, held at
Burdwan, West Bengal as a player of Sports
W.P.(C).Nos.15579 & 25005 of 2023 25
Authority of India, as is evident from Ext P4.
Petitioner submits that her selection to SAI sports
hostel after undergoing a selection process among
the various sports persons in Kerala itself will
show that the petitioner is more meritorious and
her participation in the Junior National Volleyball
Championship for Boys and Girls, held at Burdwan,
West Bengal though as a member of SAI team had
brought laurels to the State since she was a
student undergoing study in a school within the
State. The petitioner would further submit that
priority number 33, 34 and 35 provides for marks
for representing the State/Indian University in
National Championship for Men/Women/National Games.
Likewise, priority number 53,54 and 55 provides for
marks for representing State/combined All India
Navodya/All India Kendriya Vidyalaya Sankadan team
in All India School Games organized by SGFI. On the
basis of the same, it is the contention of the
petitioner that for getting priority under priority
numbers 33 to 35 and 53 to 55, there is not even a
W.P.(C).Nos.15579 & 25005 of 2023 26
stipulation that the candidate ought to have
represented the state itself but representing the
Indian University is also accepted for getting
admission under Sports quota and priority number 53
to 55 is also not for person representing the State
alone but the benefit is given to sports person who
has represented combined All India Navodya/All
India Kendriya Vidyalaya Sankadan team. In the
said category, there is not even a stipulation that
the candidate should have been a student in a
school within the State and therefore the exclusion
of the petitioner who is a student in a school in
the State of Kerala, from the purview of Sports
quota only for the reason that she was selected by
SAI and has represented SAI in the National
Championship is absolutely arbitrary and unjust and
will amount to a clear case of discrimination and
such exclusion would not satisfy the test of
intelligible differentia to justify such exclusion.
The fact that the petitioner was granted admission
provisionally pursuant to the interim order passed
W.P.(C).Nos.15579 & 25005 of 2023 27
by this court and on a perusal of Ext P1 mark list
and P4 certificate itself will show that the
petitioner has excelled both in her studies as well
as sports activities. The stand taken by the
respondents including the State and Sports Council
of Kerala is that the Kerala Sports Act provides
for a system of stringent selection process from
the District Level to the State level to select
competent sports persons for participating in
National Championship in the respective sports item
and the Sports Authority of India allow candidates
to participate in the National Championship
conducted by them bypassing all the above-mentioned
selection process. It is the further contention of
the respondents that the Government of Kerala is
providing Sports quota admission for promoting and
supporting sports personnel who have represented
Kerala State and participated and won achievements
in National and International Sports events and the
said quota is provided in order to promote sports
and that the said benefit cannot be extended to a
W.P.(C).Nos.15579 & 25005 of 2023 28
person who has represented any other State or
Sports Authority of India or any other organisation
in such events. Such reservation provided to
various categories mentioned in Annexure XVIII(ii)
produced as Ext P7 is a policy decision of the
Government and the same cannot be interfered with
by the court. In support of the contention, the
learned Government Pleader relies on the judgment
in Parisons Agro Tech Pvt. Ltd. and another v.
Union of India and others, (2015) 9 SCC 657 and
also the judgment in Indian Ex-serviceman Movement
and Others v. Union of India and others, (2022) 7
SCC 323 which held that when a policy decision is
taken in public interest, the court will not
ordinarily interfere with the policy decision of
the Government. Learned counsel appearing for the
additional respondent no.8 in WPC No. 15579/2023
who is the petitioner in WPC No. 25005 of 2023
would further submit that the petitioner is not
entitled for granting priority number 44 in
Annexure XVIII(ii). It is further contended that
Ext P4 certificate is issued by the Volleyball
Federation of India which has been derecognized by
the Ministry of Youth Affairs and Sports, New Delhi
from 25.06.2020 as per Ext P8 produced in WPC No.
25005 of 2023 and also its State Association
suspended by the 2nd respondent for the said
reason. Therefore, the petitioner cannot be
granted priority on the basis of Ext P4 certificate
issued by a derecognized association and further
that priority number 44 in Annexure XVIII(ii)
representing Sports Authority of India is not
included as a proficiency for claiming the said
priority for inclusion in the Sports quota. To
which the learned counsel for the petitioner would
contend that the petitioner is not aware as to
whether the Volleyball Federation of India has been
de-recognized even now and that the document
produced as Ext P8 in WPC No. 25005/2023 regarding
de-recognition is issued in 2020 and no documents
have been produced to substantiate that the
federation was de-recognized at the time of
W.P.(C).Nos.15579 & 25005 of 2023 30
issuance of Ext P4 certificate. It is also
contended that the de-recognition of the
Volleyball Federation of India if any will not
affect the claim of the petitioner for appointment
under the Sports quota.
16. The learned Government pleader on the
strength of Parison's case cited supra and the
judgment in Indian Ex-serviceman Movement's case
cited supra would contend that the inclusion of
various categories in the priority list is the
policy decision of the Government which cannot be
interfered by this court. The Apex Court in Deepak
Sibal v. Punjab University and another, (1989) 2
SCC 145 held that Article 14 forbids class
legislation, but does not forbid reasonable
classification and whether a classification is a
permissible classification under Article 14 or not,
two conditions must be satisfied, namely: (1) that
the classification must be founded on an
intelligible differentia which distinguishes
persons or things that are grouped together from
W.P.(C).Nos.15579 & 25005 of 2023 31
others left out of the group, and (2) that the
differintia must have a rational nexus to the
object sought to be achieved by the statute in
question.The apex court further held that in order
to consider the question as to the reasonableness
of the classification, it is necessary to take into
account the objective for such classification and
if the objective be illogical, unfair and unjust,
necessarily the classification will have to be held
as unreasonableand that the Surrounding
circumstances may be taken into consideration in
support of the constitutionality of a law which is
otherwise hostile or discriminatory in nature. The
Apex Court in Sansar Chand Atri v. State of Punjab
and another, (2002) 4 SCC 155 held that when the
classification creates a class within a class
without rational basis the same will become
arbitrary and discriminatory. In the present case,
it is not in dispute that petitioner had
participated in Junior National Volleyball
Championship as is evident from Ext P4 certificate
W.P.(C).Nos.15579 & 25005 of 2023 32
though as a member of the SAI team. The petitioner
is a Keralite and has undergone her studies in
schools in Kerala. But the petitioner has been
excluded from Ext P7 priority list. The stand taken
by the Government in the counter affidavit is that
such sports quota admissions are provided in order
to promote sports and to recognize who has
represented Kerala State and participated and won
achievements in the sports. A perusal of priority
numbers 33 to 35 as well as priority number 53 to
55 of Ext P7 does not mandates that the candidates
ought to have represented the state, the only
mandate being they should be Keralites as defined
in clause 6 of the prospectus. Clause 7 of the note
appended to Ext P7 priority list is that if a
candidate represents the Indian University team in
the National Championship, the said candidate will
be considered for the benefit of the norms only if
the candidate was a student of one of the
universities in Kerala during the year of
representation. As regards the candidates mentioned
W.P.(C).Nos.15579 & 25005 of 2023 33
in priority number 53 to 55 in Ext P7, there is not
even a stipulation that the candidate should have
studied in any schools within Kerala. Therefore,
this court cannot comprehend the classification now
made by the Government as per Ext P7 priority list.
If a student representing Indian University Team in
the National Championship could be considered for
admission in Sports quota and only condition
stipulated is that he should be a student of one of
the Universities in Keala during the year of
representation, I am at a loss to understand why a
candidate like the petitioner who is admittedly a
Keralite and studied in a school in Kerala and has
participated in National Championship representing
SAI cannot be granted the priority in Annexure
XVIII(ii)of Ext P7. Said classification now done as
per Ext P7 is not a reasonable classification and
does not have a rational nexus to the object sought
to be achieved by providing sports quota, which
going by the counter affidavit filed by the 1st
respondent is to promote sports. On the basis of
W.P.(C).Nos.15579 & 25005 of 2023 34
the same, I find considerable force in the claim of
the petitioner that she is entitled for being
considered as the one coming under priority number
44 in Annexure XVIII(ii) produced as Ext P7 in WPC
No. 15579/2023 which provides 57 marks for sports
person representing State for national championship
for junior/youth in as much as no separate priority
number has been provided for a student studying in
schools in Kerala and have represented SAI in the
National championship. The contention raised by the
learned counsel appearing for the 8th respondent in
WPC No. 15579 of 2023 that the Federation which
issued Ext P4 certificate is a de-recongnized
Federation and therefore, the petitioner cannot be
granted the benefit of having participated in
National Championship conducted by the said
federation cannot be accepted. Even going by the
averment in WPC No. 25005 of 2023, Ext P8
communication only pertains to the year 2020 and no
documents have been produced to substantiate that
the said federation was de-recognized at the time
W.P.(C).Nos.15579 & 25005 of 2023 35
Ext. P4 certificate was issued to the petitioner.
It is also pertinent to note that even the Kerala
State has participated in the said tournament as is
evident from Ext P8 produced in WPC No. 15579/2023.
The Sports Authority of India has also sent their
team in which the petitioner was also a member.
There is no cASE that any other federation has
conducted Junior National Volleyball Championship
for boys and girls in 2021. Even going by the
stand of the Sports Council, they have not
considered any such disqualification while
scrutinizing the certificates of various candidates
claiming reservation under Sports quota and as per
the directions in the interim order passed by this
court, they have scrutinized the certificates and
forwarded the name of the petitioner also.
Therefore, the contention of the learned counsel
for the 8th respondent based on the judgment in Md.
Tarif Ali v. State of Manipur and Others [2017 KHC
5706] is only to be rejected.
WP(C) No.25005 of 2023
W.P.(C).Nos.15579 & 25005 of 2023 36
17. As regard WP(C) No.25005 of 2023 is
concerned the petitioner challenges the inclusion
of respondent Nos.4, 5 and 6 under the sports
quota.
18. When the matter was taken up for
consideration, the learned counsel for the
petitioner would submit that the 4th respondent got
admission under the merit list and therefore, he is
not pressing the challenge against inclusion of the
4th respondent in the sports quota.
19. As regard the 6th respondent is concerned,
who is the petitioner in WP(C) No.15579 of 2023, I
have already found that she is entitled for being
considered for admission under the sports quota
while deciding WP(C) No.15579 of 2023 in which the
petitioner herein is also a party respondent.
Therefore, the contention taken in the writ
petition regarding the 6th respondent is hereby
repelled.
20. As regard the contention of inclusion of
the 5th respondent in the ranked list under sports
W.P.(C).Nos.15579 & 25005 of 2023 37
quota the contention of the petitioner is that 5th
respondent could be included in Exts.P2 and P5
lists individual events category and not in both
list simultaneously. The petitioner has already
submitted objections in this regard, as is evident
from Exts.P9 to P11. Petitioner contend that both
in the list of individual and team events in
Ext.P12, respondent No.5 was included and ranked
2nd, which is against the norms in Ext.P1.
21. In the counter affidavit filed by the 2nd
respondent, Kerala State Sports Council it is
stated that the inclusion of respondent No.5 is
only in accordance with the terms of Ext.P1
prospectus, and submitted that the Sports Council
is entrusted with a duty to allot marks to the
candidates as per the proficiency in sports, in the
light of Annexure-XVIII(ii). The prospectus
mandates that the mark list of candidates under
individual events and team events should be
prepared separately and forwarded to the
Commissioner of Entrance Examination. This means
W.P.(C).Nos.15579 & 25005 of 2023 38
that the Sports Council is required to prepare a
separate list for individual and team events,
including all eligible-candidates, even if they
find a place in both the lists. Clause 8(c) of the
note to Annexure XVIII(ii) is not applicable in the
present case, as it is confined only to a situation
where there is a tie. The conditions and criteria
fixed by the KEAM prospectus were fully complied by
the State Sports Council before forwarding the list
of eligible candidates for sports quota admission
to the Commissioner of Entrance Examinations. The
contention of the petitioner that the sports person
who participates in a team event should not be
considered for sports quota if he had already
participated in an individual event cannot be
accepted. The stand of the Sports Council and of
the Government is that a sportsperson can
participate both in individual events as well as
team events in the same sport and in sports like
chess, shooting, badminton and tennis, there are
individual events as well as the team events and a
sports person can participate both in individual
events as well as team events. In individual
events, the proficiency of the individual is tested
and in team events, the proficiency of the whole
team is tested. In a team event, individual
proficiency cannot be separated from the team's
performance. A participant who performed
excellently in an individual event may not be able
to perform well in a team event. Because his
performance in a team event depends on other
factors like the performance of other team members
and the opportunity he gets to show his ability.
The performance of a team member may be unnoticed
by the good performance of other team members. So
there are no specific criteria for assessing the
performance of an individual performer in a team
event. In this situation, a sports person becomes
eligible for grace marks as a member of the team.
Hence, as there is a clear-cut distinction between
individual and team events on the basis of
performance and therefore the grace marks are
W.P.(C).Nos.15579 & 25005 of 2023 40
awarded separately for individual event and team
event in accordance with the KEAM prospectus. The
grace marks awarded to the respondent 4 and 5 is on
this criterion. On the basis of the same, it is
contended that the inclusion of the 5th respondent
is in strict compliance of the terms of Ext.P1
prospectus. A perusal of the prospectus revealed
that the mark list of candidates under individual
event and team event should be prepared separately
and forwarded to the Commissioner of Entrance
Examination, which can only mean that the Sports
Council, the 2nd respondent is required to prepare
separate list of individual event and team event,
including all eligible candidates even if they find
a place in both the lists. In view of the specific
stand taken by the 2nd respondent and also the
learned Government Pleader that two separate lists
of individual events and team events were prepared
including all eligible candidates which is as
stipulated in the prospectus itself, I find no
reason to entertain the challenge against the
W.P.(C).Nos.15579 & 25005 of 2023 41
inclusion of the 5th respondent under the sports
quota. Therefore, the writ petitions are disposed
of as follows:
WP(C) No. 15579/2023
It is held that petitioner is entitled to get
admission for M.B.B.S Course in the sports quota on
the strength of Ext.P4 certificate and the
allotment and admission granted to the petitioner
pursuant to interim orders dated 16.6.2023 and
26.6.2023 in WP(C) No.15579 of 2023 is upheld.
WP(C) No.25005 of 2023
For the reason stated above, the writ petition
is accordingly dismissed.
sd/-
VIJU ABRAHAM,
JUDGE
pm
W.P.(C).Nos.15579 & 25005 of 2023 42
APPENDIX OF WP(C) 15579/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE MARK LIST PUBLISHED
BY THE BOARD OF HIGHER SECONDARY
EXAMINATIONS, GOVERNMENT OF KERALA, ON
21.06.2022
Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF MERIT
DATED 15.10.2019 AWARDED TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF
PARTICIPATION DATED 25.10.2019 ISSUED BY
THE KERALA STATE VOLLEY BALL ASSOCIATION
Exhibit P4 A TRUE COPY OF THE SOUVENIR CERTIFYING
PARTICIPATION IN THE 47TH JUNIOR
NATIONAL VOLLEY BALL CHAMPIONSHIP FOR
BOYS AND GIRLS HELD DURING 25.12.2021 TO
30.12.2021, ISSUED BY THE VOLLEY BALL
FEDERATION OF INDIA
Exhibit P5 A TRUE COPY OF THE APPLICATION
ACKNOWLEDGMENT - KEAM 2023 DATED
17.03.2023
Exhibit P6 A TRUE COPY OF THE APPLICATION/COVERING
LETTER DATED 10.04.2023 SUBMITTED BEFORE
THE 2ND RESPONDENT
Exhibit P7 TRUE COPIES OF THE RELEVANT PAGES OF THE
PROSPECTUS FOR ADMISSION TO PROFESSIONAL
DEGREE COURSES PUBLISHED BY THE
GOVERNMENT OF KERALA APPLICABLE FOR THE
YEAR 2023
Exhibit P8 . A TRUE COPY OF THE GROUPING OF TEAMS
AT NATIONAL VOLLEY BALL CHAMPIONSHIP
HELD DURING 25-30 OF DECEMBER, 2021
RESPONDENTS' EXHIBITS
Exhibit R5(a) TRUE COPY OF THE SOUVENIR ISSUED BY THE
VOLLEYBALL FEDERATION OF INDIA IN FAVOUR
OF THE 1ST RESPONDENT/PETITIONER
W.P.(C).Nos.15579 & 25005 of 2023 43
Exhibit R5(b) TRUE COPY OF THE CERTIFICATE OF MERIT OF
THE 1ST PETITIONER
Exhibit R5(c) TRUE COPY OF THE CERTIFICATE OF MERIT OF
THE 2ND PETITIONER
Exhibit R5(d) TRUE COPY OF THE CERTIFICATE OF MERIT OF
THE 3RD PETITIONER
Exhibit R5(e) TRUE COPY OF THE OBJECTION TO THE
PROVISIONAL CATEGORY WISE LIST FOR
SPORTS QUOTA ADMISSION SUBMITTED BY THE
1ST PETITIONER ON 26.07.2023
Exhibit R5(f) TRUE COPY OF THE OBJECTION TO THE
PROVISIONAL CATEGORY WISE LIST FOR
SPORTS QUOTA ADMISSION SUBMITTED BY THE
2ND PETITIONER ON 26.07.2023
Exhibit R5(g) TRUE COPY OF THE OBJECTION TO THE
PROVISIONAL CATEGORY WISE LIST FOR
SPORTS QUOTA ADMISSION SUBMITTED BY THE
3RD PETITIONER ON 26.07.2023
PETITIONER'S EXHIBITS
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED
27.07.2023 AND PRINTOUT OF THE RELEVANT
PAGES OF THE FINAL CATEGORY LIST
Exhibit P10 A TRUE COPY OF THE ALLOTMENT MEMO DATED
03.08.2023 ISSUED BY THE OFFICE OF THE
3RD RESPONDENT GENERATED ON 04.08.2023
Exhibit P11 A TRUE COPY OF THE ADMISSION SLIP ISSUED
BY THE PRINCIPAL, GOVERNMENT MEDICAL
COLLEGE, THRISSUR DATED 05.08.2023
RESPONDENTS' EXHIBITS
Exhibit R8(a) TRUE COPY OF THE CERTIFICATE OF MERIT OF
THE PETITIONER
Exhibit R8(b) TRUE COPY OF THE FINAL PRIORITY LIST
(TEAM EVENT) PUBLISHED BY 3RD RESPONDENT
Exhibit R8(c) TRUE COPY OF THE FINAL CATEGORY LIST FOR
SPORTS QUOTA ADMISSION TO MBBS (TEAM
W.P.(C).Nos.15579 & 25005 of 2023 44
EVENT) PUBLISHED BY 4TH RESPONDENT ON
27.07.2023
Exhibit R8(d) TRUE COPY OF THE NOTIFICATION NO.
CEE/363/2023-TA4 DATED 27.07.2023 ISSUED
BY 4TH RESPONDENT
PETITIONER EXHIBITS
Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE
ANNUAL REPORT AND AUDITED ACCOUNTS OF
SAI FOR THE YEAR 2018-2019
Exhibit P13 A TRUE COPY OF THE BROCHURE RELATING TO
"HEIGHT HUNT 2023" HELD DURING
03.04.2023 TO 16.04.2023
W.P.(C).Nos.15579 & 25005 of 2023 45
APPENDIX OF WP(C) 25005/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
PROSPECTS ISSUED BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE FINAL PRIORITY RANK
LIST OF SPORTS QUOTA FOR ADMISSION TO
MBBS OF INDIVIDUAL EVENT PUBLISHED BY
THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE FINAL PRIORITY RANK
LIST OF SPORTS QUOTA FOR ADMISSION TO
MBBS OF TEAM EVENT PUBLISHED BY THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
23.07.2023 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE PROVISIONAL CATEGORY
RANK LIST PUBLISHED BY THE 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
07.08.2019 IN WRIT APPEAL NO. 1757/2019
AND CONNECTED CASE
Exhibit P7 TRUE COPY OF THE SOUVENIR ISSUED BY THE
VOLLEYBALL FEDERATION OF INDIA (VFI) TO
THE 6TH RESPONDENT
Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED
25.06.2020 ISSUED BY THE MINISTRY OF
YOUTH AFFAIRS AND SPORTS, NEW DELHI
(MOYAS) TO THE SPORTS AUTHORITY OF
INDIA (SAI) DERECOGNIZING VOLLEYBALL
FEDERATION OF INDIA (VFI)
Exhibit P9 TRUE COPY OF THE OBJECTION DATED
26.07.2023 SUBMITTED BY THE 1ST
PETITIONER AGAINST EXT. P5 BEFORE THE
3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE SAID OBJECTION DATED
26.07.2023 SUBMITTED BY THE 2ND
PETITIONER AGAINST EXT. P5 BEFORE THE
W.P.(C).Nos.15579 & 25005 of 2023 46
3RD RESPONDENT
Exhibit P11 TRUE COPY OF THE SAID OBJECTION DATED
26.07.2023 SUBMITTED BY THE 3RD
PETITIONER AGAINST EXT. P5 BEFORE THE
3RD RESPONDENT
Exhibit P12 TRUE COPY OF THE FINAL CATEGORY RANK
LIST PUBLISHED BY THE 3RD RESPONDENT ON
27.07.2023
RESPONDENTS EXHIBITS
Exhibit R5(a) A true copy of the receipt dated
05.08.2023 issued from the office of
the Government Medical College,
Kozhikode
PETITIONER'S EXHIBITS
Exhibit P13 TRUE COPY OF THE CERTIFICATE OF MERIT
DATED 11.09.2022 OF THE 1ST PETITIONER
Exhibit P14 TRUE COPY OF THE CERTIFICATE OF MERIT
OF THE 2ND PETITIONER
Exhibit P15 TRUE COPY OF THE CERTIFICATE OF MERIT
DATED 12.04.2023 OF THE 3RD PETITIONER
Exhibit P16 TRUE COPY OF THE PROCEEDINGS NO.
K.S.S.C/C1/455/2019 DATED 01.12.2021
ISSUED BY THE 2ND RESPONDENT SHOWING
THE REASONS FOR SUSPENSION
Exhibit P17 TRUE COPY OF THE NOTICE PUBLISHED BY
THE 2ND RESPONDENT
Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED
23.12.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P19 TRUE COPY OF THE ORDER DATED 27.07.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P20 TRUE COPY OF THE LIST OF STATE SPORTS
ASSOCIATIONS RECOGNIZED BY THE 2ND
RESPONDENT FOR THE YEAR 2021-2022
