Madras High Court
Minor S.Priyadharsan vs The Secretary To Government on 3 August, 2023
WP(MD)No.18178 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.18178 of 2023
and
WMP(MD)Nos.15162, 15164 and 15166 of 2023
Minor S.Priyadharsan
... Petitioner
Vs
1.The Secretary to Government,
Department of Health and Family Welfare,
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Director of Medical Education and Research,
Ministry of Health and Family Welfare,
Government of Tamil Nadu,
Chennai.
3.The Secretary,
The Selection Committee,
Directorate of Medical Education and Research,
No.162, Periyar EVR High Road,
Kilpauk,
Chennai – 600 010.
4.The Common committee,
Sports Development Authority of Tamil Nadu,
Chennai.
... Respondents
[R4 is suo motu impleaded vide
order dated 26.07.2023 ]
1/16
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WP(MD)No.18178 of 2023
PRAYER: Writ Petition is filed under Article 226
of the Constitution of India for issuance of a writ
of Certiorafied mandamus to call for the records
relating to the impugned provisional rank list of
candidates eligible for sports category dated Nil
publiched on 24.07.2023(MBBS/BDS) (Government quota)
Course 2023-2024 Session) by the 3rd respondent and
quash the same and consequently direct the
respondents to issue revised rank list for special
reservation for Eminent Sports Person by awarding 330
marks to the petitioner's son and conduct counselling
in pursuance of the revised rank list for the sports
quota.
For petitioner : Mr.D.Shanmugaraja Sethupathi
For Respondent : Mr.J.Ravindran,
Nos.1 and 2 Additional Advocate General
assisted by
Ms.D.Farjana Ghousia
For Respondent : Ms.Sneka
No.3
For Respondent : Mr.Azhaguram
No.4
ORDER
The petitioner S.Priyadharsan is a minor and he
is represented by his mother and natural guardian. He
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WP(MD)No.18178 of 2023
has appeared in the National Eligibility cum Entrance
Test conducted on 07.05.2023. He is an athlete in
Roller Skating. He has participated in the State
Level Championships Competitions and won Gold Medals.
He has also won a Gold Medal in a District Level
Competition in the year 2019. The petitioner claims
that her son is entitled for 95 marks for acquired
Gold Medals in the state level championship
competition. The petitioner with a grievance that the
Gold Medal won by her son for the academic year
2021-2022 has not been considered by the 3rd
respondent, has filed this writ petition as against
the rank list dated 24.07.2023 published by the
respondents and for a consequential direction to
revise the rank list by awarding marks to her son for
the Gold Medals won by him for the year 2021-2022.
2.The learned counsel for the petitioner submits
that the petitioner's son has participated in the
State Level Competitions in Roller Skating and has
won Gold Medals consecutively for the year 2020-2021,
2021-2022 and 2022-2023 conducted by the Tamil Nadu
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WP(MD)No.18178 of 2023
Roller Skating Association. However,
the respondents have not taken into consideration of
the gold medal won by him in the tournament conducted
for the year 2021-2022. It is to be noted that due to
Covid-19 pandemic, the tournament for the year 2021 –
2022 was conducted belatedly in the month of June
2022, instead of May 2022. Therefore the petitioner's
son ought to have been provided marks for the year
2021-2022 also. He further submits that since he is
having three Gold Medals, one medal for each academic
year, ie., for the year 2020-2021, 2021-2022 and
2022-2023, he should be provided marks for each year
tournament as per clause 4(c)(1) of Annexure VII of
the prospectus and if marks have been provided as
above, the petitioner would have got admission in the
MBBS seat. Therefore, this writ petition to be
allowed.
3.The learned Additional Advocate General
appearing for the respondents submits that as per
clause 5 of the prospectus, the candidates who are
applying under eminent sports persons category have
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WP(MD)No.18178 of 2023
to first submit their application both through online
and offline mode and then have to submit the
downloaded filled in online application along with
two sets of enclosures on or before 10.07.2023
(thereafter time was extended till 12.07.2023)
in person in the 3rd respondent's office. Moreover in
clause 14(e) of the prospectus it has been
categorically held that, apart from online mode
application, the candidates applying under eminent
sports person should submit the downloaded filled in
online application along with two sets of enclosures
on or before the lase date to the 3rd respondent.
As per clause 14(3) of the prospectus, the number of
seats reserved for Eminent Sports Person are 8 seats
(MBBS-7 seats and BDS-1).
4.The learned Additional Advocate General further
submits that the candidates were instructed to
arrange the sports certificate as per the serial
number starting from June 2019 as given in the
Annexure VII (a) and (b) and only one highest
achievement in the tournament (among the
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WP(MD)No.18178 of 2023
International, National, State, Divisional and
District) in an academic year in the sports
disciplines listed in Table VIII will be considered
for awarding marks. In clause 5 of the Annexure VII
in the tabular column, it has been specifically
stated that the type of forms to be attached with the
certificates. For the academic year 2022-2023,
the petitioner had produced two certificates,
(i) for having won gold medal in State Level
Tournament conducted in the month of November 2022;
and (ii) for having participated in the National
Level Tournament, in the moth of December 2022.
As per the prospectus, only one highest achievement
in a tournament in an academic year was considered
and marks were awarded for having won the Gold Medal.
5.The learned Additional Advocate General
further submits that for the academic year 2021-2022,
the petitioner had produced two certificates (i) for
having won the Gold medal in State Level Tournament
in the month of June 2022; and (ii) for having
participated in the National Level Tournament in the
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WP(MD)No.18178 of 2023
month of December 2021. The first certificate cannot
be considered for the academic year 2021-2022, since
it was issued in the month of June 2002, it has to be
considered for the academic year 2022-2023, for which
already marks have been provided by taking into
consideration of the certificate issued in the month
of November 2022. Therefore the certificate issued in
the month of June 2022 could not be considered.
With respect to the other certificate produced by the
petitioner for participation in the National Level
Tournament issued in the month of December 2021,
it could not be considered due to non submission of
Form II, which is mandatory as per the prospectus.
Since the petitioner has not produced Form -II as
required, the certificate was not considered.
6.The petitioner has now produced the Form II
for the participation in National Level Tournament
before this Court and this Form was only obtained on
26.07.2023 after the cut-off date for submitting
Form-II. The certificate of six other candidates for
the participation in the National Level Tournaments
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WP(MD)No.18178 of 2023
have been rejected on the very same ground that they
have not submitted their Form II. Further,
179 applications were received for 8 seats under the
sports quota, counselling for all those 8 seats was
completed on 27.07.2023 and the allotment orders were
also issued to the candidates.
7.This Court considered the rival submission and
perused the materials placed on record.
8.The petitioner's son has appeared in the
National Eligibility cum Entrance Test conducted on
07.05.2023 for admission of MBBS/BDS courses.
The petitioner's son is an athlete and he has
participated in the State Level Skating Competition
conducted by the Trichy Regional Roller Skating
Association.
9.The Trichy Roller Skating Association has
conducted the 30th Tamil Nadu State Roller Skating
Championship Competition from 3rd March to 5th March
of 2021 for the academic year 2020-2021.
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WP(MD)No.18178 of 2023
The petitioner's son who has participated in the said
competition has won the gold medal. The Trichy Roller
Skating Association has conducted the 31st Tamil Nadu
State Roller Skating Championship Competition
on 8th and 9th of June 2022 for the academic year
2021-2022. The petitioner' son has participated in
this Competition and also bagged gold medal.
The 32nd Tamil Nadu Roller Skating Championship
Competition was conducted from 3rd to 6th November 2022
for the academic year 2022-2023. The petitioner's son
participated in the competition and has won gold
medal. Since the tournament for the academic year
2021-2022 was conducted in the month of June 2022,
it was not considered by the respondents for awarding
marks stating as it falls under the academic year
2022-2023, for which already marks were provided.
10.It is relevant to extract clause - II of
Annexure VII of the Prospectus for Admission to
MBBS/BDS Degree Courses 2023-2024 Session and which
reads as follows:
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WP(MD)No.18178 of 2023
“2.The candidate shall submit all
the sports certificates along with
participation certificates and relevant
forms issued by Association / Federation
concerned, but only one highest
achievement in a tournament (among the
International, National, State, Divisional
and District ) in an academic year in the
sports disciplines listed in Table VIII
will be considered for awarding marks.”
11.As per the above clause, the highest
achievement in a tournament in an academic year will
be considered for awarding marks. The petitioner
claims that due to Covid-19 pandemic, the tournament
for the academic year 2021-2022 was conducted
belatedly in the month of June 2022, instead of May
2022. The issue to be decided is whether the
petitioner is entitled for marks for the certificate
for having won the gold medal in the State Level
Championship competition conducted in the month of
June 2022 for the academic year 2021-2022. In this
regard it is relevant to extract Clause 4 (c) (1) of
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WP(MD)No.18178 of 2023
Annexure – VII of the prospectus and the same is
extracted hereunder:
“1.State Level Tournaments should
officially be recognised as the regular
annual championship or tournament by
respective official state association or
SAI or SDAT will be considered (for each
year) for awarding marks.”
12.Thus as per the above clause, tournament
conducted by the State Association in each year has
to be considered for awarding marks, whereas, clause
2 of Annexure-VII states that only one highest
achievement in a tournament in an academic year will
be considered for awarding marks. The petitioner
claims that the tournament conducted in the month of
June 2022 falls under the term “each year tournament”
as per the definition of Clause 4 (c) (1) of
Annexure – VII and therefore, the petitioner has to
be provided for marks for the certificate issued in
the month of June 2022, as it is a tournament for the
year 2021-2022, though it was conducted in the month
of June 2022. Whenever there are two meanings are
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WP(MD)No.18178 of 2023
possible, Rules of Interpretation come into play.
It is relevant to extract the decision of the Hon'ble
Apex Court in Anwar Hasan Khan Vs Mohammad Shafi and
Ors [AIR 2002 SC 2984], which reads as follows:
“8. It is settled that for interpreting a
particular provision of an Act, the import
and effect of the meaning of the words and
phrases used in the statute has to be
gathered from the text, the nature of the
subject matter and the purpose and
intention of the statute. It is cardinal
principle of construction of a statute that
effort should be made in construing its
provisions by avoiding the conflict and
adopting a harmonious construction. The
statute or rules made thereunder should be
read as a whole and one provision should be
construed with reference to the other
provision to make the provision consistent
with the object sought to be achieved. The
well-known principle of harmonious
construction is that effect should be given
to all the provisions and a construction
that reduces one of the provision to a
"dead letter" is not harmonious
construction.”
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WP(MD)No.18178 of 2023
13.It is also relevant to extract the decision
of the Hon'ble Apex Court in Mahadeolal Kanodia vs.
The Administrator General of West Bengal reported in
[AIR 1960 SC 936], which reads as follows:
“8............The third rule is that
if in any legislation, the general object
of which is to benefit a particular class
of persons, any provision is ambiguous so
that it is capable of two meanings, one
which would preserve the benefit and
another which would take it away, the
meaning which preserves it should be
adopted.....”
14.Therefore applying the Rules of Harmonious
Construction and the Beneficial Rule of
Interpretation as laid down by the Hon'ble Apex Court
in the above cited judgments, this Court comes to a
conclusion that the petitioner's son has to reap the
benefit. Further there is no dispute that the
petitioner is an athlete and he has won in the
competitions as narrated above.
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WP(MD)No.18178 of 2023
15.Considering the Rules of Interpretation as
laid down by the Hon'ble Apex Court in the above
cited judgments, the tournament was being conducted
each year and for a particular academic year it was
conducted in the next academic year due to outbreak
of Covid-19 Pandemic, this writ petition is allowed
with a direction to the respondents to provide marks
for the certificate issued in the month of June 2022
also, for having won the gold medal. No costs.
Consequently connected miscellaneous petitions are
closed.
03.08.2023
NCC : Yes / No
Index: Yes / No
Note: Issue order copy today
dsk
To
1.The Secretary to Government,
Department of Health and Family Welfare,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director of Medical Education and Research,
Ministry of Health and Family Welfare,
Government of Tamil Nadu, Chennai.
3.The Secretary,
The Selection Committee,
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WP(MD)No.18178 of 2023
Directorate of Medical Education and Research,
No.162, Periyar EVR High Road,
Kilpauk, Chennai – 600 010.
4.The Common committee,
Sports Development Authority of Tamil Nadu,
Chennai.
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WP(MD)No.18178 of 2023
B.PUGALENDHI, J.
dsk
WP(MD)No.18178 of 2023
03.08.2023
https://www.mhc.tn.gov.in/judis
