LAWS(KER)-2014-9-170

MUBASHIR SHAMSUDHEEN Vs. NEHA NARENDRAN

Decided On September 30, 2014
Mubashir Shamsudheen Appellant
V/S
Neha Narendran Respondents

JUDGEMENT

(1.) This is an appeal filed by the 4th respondent in W.P. (C) No. 15991 of 2014 challenging the judgment dated 26.09.2014 of the learned Single Judge. The writ petition is filed by the 1st respondent herein, who is hereinafter referred to as the petitioner, seeking for a direction to quash the portion of Ext. P6 by which the 4th respondent is included as 4th rank holder and for a direction to the 2nd respondent to rectify the defect as pointed out in Ext. P8 letter of 3rd respondent and to place the petitioner as the 4th rank holder in Ext. P6 list under the Sports Quota in 'team event'.

(2.) The facts involved in the above writ petition would disclose that the petitioner had appeared for the Kerala Engineering, Agricultural, Medical Entrance Examinations 2014. She had qualified in the examination and she being a person, who had participated in the Women Inter-district (Shuttle) Championship, 2012 conducted by the Kerala State Badminton (Shuttle) Association and placed in third position, was eligible for reservation under the Sports Quota. She applied for the same.

(3.) The complaint of the petitioner is that when the provisional list was published as Ext. P6, it was noticed that the 4th respondent who secured only 478.7190 marks, has been placed in the 4th position in team event whereas the petitioner is having 488.5328 marks is placed in 5th position in individual event. It was seen that she was wrongly placed in the 'individual event' whereas she was entitled for reservation under 'team event' under the sports quota. If her name was included in the 'team event', she would have obtained 4th rank and the 4th respondent would be having only 5th rank. According to the petitioner, Ext. P6 was published only on 17.06.2014 and on 18.06.2014 she had given a complaint to the Sports Council. Ext. P8 letter has been issued by the Sports Council on 18.06.2014 to the Commissioner for Entrance Examinations informing the said authority that the petitioner was awarded with 31 marks in the final rank list in the sports quota admission in the 'individual event', whereas actually the Championship was a 'team event' and therefore, the said mistake requires to be rectified and her ranking should be done in the 'team event'. Since Ext. P8 request was not adhered to by 2nd respondent, this Writ Petition is filed.