VINAY THOMAS ABRAHAM Vs. KERALA STATE SPORTS COUNCIL

JUDGEMENT

(1.) These writ petitions are filed by the applicants for MBBS course as per the KEAM Prospectus - 2019 in the sports quota, challenging award of grace marks and subsequent Government Order dated 7.3.2019 modifying the category list under the sports quota and for other consequential reliefs. Therefore, I heard them together and propose to pass this common judgment. So also many of the petitioners in the writ petitions are respondents in the connected writ petitions and the issues raised are also intertwined.

(2.) In W.P.(C) No.17920/2019, it is contended that, petitioner having participated in the Common Wealth Chess Championship - 2018 held in New Delhi from 26th June to 3rd July, 2018, he is entitled to get 86 marks as per Priority No.15 of Ext.P1 norms, for allotting grace marks in sports quota admission to professional degree courses in Kerala. However, petitioner was only awarded with 61 marks as per priority No.40 of Ext.P1. Thereupon petitioner has submitted an application before the Sports Council seeking to correct the same and thereupon petitioner is awarded with 77 marks as per priority No.24 of Ext.P1. Priority No.15 of Ext.P1 deals with representing India in Common Wealth Games/Asian Games. Priority No. 40 is relating to representing State/combined All India Navodaya/All India Kendriya Vidyalaya Sankadan team in All India School Games organised by School Games Federation of India (SGFI) and wining 1st place and priority No.24 relates to representing India in the Asian School Games/Asian Championship for Junior/Youth. According to the petitioner,since the petitioner has participated in the Common Wealth Chess Championship, petitioner is entitled as of right to secure 86 marks as per priority No.15, which is stoutly opposed by the learned Special Government Pleader who, has filed a detailed statement.

(3.) So also the Sports Council i.e., the 1st respondent has filed a counter affidavit refuting the claims and demands raised by the petitioner. Among other contentions it is stated that, there is no error in the process for preparation of lists for admission to KEAM - 2019 through sports quota, as alleged. It is specifically stated that petitioner is not entitled for 86 marks for participation in Common Wealth Chess Championship, as alleged. The norms for selection of candidates for admission to professional courses under sports quota for which seats are reserved for sports persons as per clause 5.2.16 of KEAM prospectus have been given as Annexure XVIII(ii), where priority No.15 against the order of priority for selection relates to representing India in Common Wealth Games/Asian Games. Petitioner has participated only in Common Wealth Chess Championship conducted by an organisation within India. It is further stated that, Common Wealth Chess Championship and Common Wealth Games are two different games. Common Wealth Games is an official meet represented by the Common Wealth countries in various sports disciplines. Common Wealth championship claimed by the petitioner is not an approved one and it is an invitation tournament organised by Federations for that particular discipline only. It does not come under Sub Junior International competition and Sub Junior international competition are approved championships organised by the concerned International Federations with prescribed rules and regulations. That apart it is stated that, authenticity of Ext.P2 certificate had already been done by the office of the Sports Council and noninclusion of the same in the tabulated list prepared by the office of the Sports Council is not correct and hence denied.