SAHINA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner sought admission to the Engineering College claiming a seat reserved under the sports quota for the games. It is her case that in the absence of requisite number of candidates available for occupying the five feats allotted to athletes, the same should be filled op allotting them to candidates falling under the Games category like the petitioner. If that is done, the petitioner's case is that she is entitled to admission under the sports quota.

(2.) BUT it was pointed out by the learned High Court government Pleader that the Prospectus for 1988-89 does not give any scope for such an argument. Though 10 seats are allotted under the broad beading "sports Quota", (Sports Council nominees), they have been distributed as follows: 5 seats for athletics and 5 seats for those proficient in games, distributed as below: There is no provision to the effect that in the absence of required number of candidates belonging to athletic category, the unfilled seats can be filled up by those belonging to games category and vice versa. On the contrary, clause (3) requires that unreserved seats should be added to the seats under merit on State-wide basis. As there is specific allotment of seats for athletics and games separately, it is not possible to agree to the contention of Sri Kurup that the allotment must be construed as one single allotment for sports quota. Though the generic category is sports quota, there is specific sub-division of five seats for athletics and five seats for games. Hence it follows that if there are not requisite number of athletics candidates or requisite number of games candidates, to fill up the five seats reserved for each category, those seats shall stand added to the merit quota on State-wide basis. As the topic is expressly covered by the specific provisions in the prospectus there is no scope for building up an argument that in the absence of adequate number of candidates in the athletics category, those seats should be made available to those falling under the games category. We therefore see no good grounds to interfere. The original petition therefore fails and is dismissed.