Madras High Court
S.Sivasakthi vs Government Of Pondicherry on 14 September, 2023
W.A.No.2544 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.2544 of 2023
S.Sivasakthi .. Appellant
vs
1.Government of Pondicherry,
rep. by the Secretary to Government,
Department of Higher and Technical Education,
Government of Puducherry,
Puducherry-605 001.
2.The Director,
Department of Health and Family Welfare Services/
Nodal Officer NEET (UG),
Government of Puducherry,
Puducherry-605 001.
3.Centralized Admission Committee (CENTAC)
Government of Puducherry,
rep. by its Convenor,
Kamarajar Mani Mandapam,
Lawspet, Puducherry-605 008.
4.V.Jaiprakash .. Respondents
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W.A.No.2544 of 2023
Prayer : Appeal under Clause 15 of the Letters Patent against the
order passed by the learned Single Judge in W.P.No.26006 of 2023
dated 11.09.2023.
For the Appellant : Ms.Kavitha Rameshwar
for M/s.M.Ravi
For the Respondent : Mr.S.Raveekumar
Govt. Pleader (Puducherry)
for respondent Nos.1 to 3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Ms.Kavitha Rameshwar, learned counsel for
the appellant and Mr.S.Raveekumar, learned Government Pleader
(Puducherry) for respondents 1 to 3.
2. The appellant had filed W.P.No.26006 of 2023 challenging
the show cause notice dated 31.8.2023 and seeking further
directions against the official respondents to allot admission to the
First Year MBBS course for the academic year 2023-2024 under the
Meritorious Sports Personnel quota for the UG NEET Courses 2023-
2024. The learned Single Judge dismissed the writ petition.
Aggrieved thereby, the present appeal is filed.
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W.A.No.2544 of 2023
3. Learned counsel for the appellant strenuously contends that
the respondent authorities and the learned Single Judge have taken
a very hyper-technical approach while interpreting Clause 15 of the
Guidelines for admission of students under the Meritorious Sports
Personnel quota.
4. Learned counsel for the appellants further submits that a
candidate can utilise the sports quota only once for the admission.
The appellant, for the last academic year, viz., 2022-2023, had
sought admission to the MBBS course under Meritorious Sports
Personnel quota. However, she could not get admission under
Meritorious Sports Personnel quota and she was considered for
admission to the BDS course. For the BDS course, 23 seats had
remained vacant. As such, the appellant even otherwise would
have got admission under the general category and no other person
from the Meritorious Sports Personnel quota would be affected.
Hence, it cannot be said that the appellant utilised the Meritorious
Sports Personnel quota for the academic year 2022-2023. Applying
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W.A.No.2544 of 2023
under the Meritorious Sports Personnel quota would be different
from utilising the sports quota, according to learned counsel for the
appellant.
5. Learned counsel for the appellant also submits that the one
objecting to the admission of the appellant under Meritorious Sports
Personnel quota is the person at S.No.5 of the list and the appellant
is at S.No.3. Even if the appellant is not given seat, it will not go to
the objector.
6. Learned Government Pleader (Puducherry) submits that for
the BDS course, the appellant was considered under the Meritorious
Sports Personnel quota for the academic year 2022-2023. As such,
for the present year, the appellant could not be considered under
the sports quota again.
7. We have considered the submissions and also gone through
the judgment passed by the learned Single Judge.
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W.A.No.2544 of 2023
8. Clause 15 of the Guidelines for Admission of Students under
the Meritorious Sports Personnel quota reads thus:
“15. A candidate can utilise the sports quota only
once for these admissions.”
9. The appellant claims to be a national champion in roller
skating. The appellant is issued with the sports certificate to that
effect. The appellant, for the academic year 2022-2023, applied for
admission to the MBBS course under the Meritorious Sports
Personnel quota. Unfortunately, the appellant could not get
admission to the MBBS course, even under Meritorious Sports
Personnel quota. However, she got admission to the BDS course.
The application of the appellant for admission even to the BDS
course was under Meritorious Sports Personnel quota. It is another
thing that about 23 seats remained vacant. Even if the appellant
had not applied under the sports quota, she would probably have
been considered under the general category. However, it is not in
dispute that the appellant was considered under the Meritorious
Sports Personnel quota during the entire admission process for the
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W.A.No.2544 of 2023
academic year 2022-2023.
10. The appellant has already utilized the sports certificate for
admission in the academic year 2022-2023 and the appellant has
secured admission under the Meritorious Sports Personnel quota for
the BDS course. The certificate stands utilised.
11. In the light of the above, the judgment delivered by the
learned Single Judge cannot be faulted with.
The writ appeal, accordingly, stands disposed of. There will be
no order as to costs. Consequently, C.M.P.No.21358 of 2023 is
closed.
(S.V.G., CJ.) (P.D.A., J.)
14.09.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.A.No.2544 of 2023
To:
1.The Secretary to Government,
Department of Higher and Technical Education,
Government of Puducherry,
Puducherry-605 001.
2.The Director,
Department of Health and Family Welfare Services/
Nodal Officer NEET (UG),
Government of Puducherry,
Puducherry-605 001.
3.The Convenor,
Centralized Admission Committee (CENTAC)
Government of Puducherry,
Kamarajar Mani Mandapam,
Lawspet, Puducherry-605 008.
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W.A.No.2544 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.2544 of 2023
14.09.2023
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