LAWS(MAD)-2000-8-143

C ARVIND MINOR Vs. SECRETARY SELECTION COMMITTEE

Decided On August 31, 2000
C. ARVIND (MINOR) REPRESENTED BY FATHER AND NATURAL GUARDIAN C.S. CHANDRASEKARAN Appellant
V/S
SECRETARY, SELECTION COMMITTEE REPRESENTED BY THE REGISTRAR, TAMIL NADU ENGINEERING ADMISSIONS, ANNA UNIVERSITY, CHENNAI Respondents

JUDGEMENT

(1.) THE petitioner in the instant cases had knocked at the doors of this Court even in the year 1995 in W.P.No.2141 of 1995 for the issue of a writ of mandamus directing the Tamil Nadu Cricket Association to include him in the Tamil Nadu Under-13 Cricket Team for 1994-95 season. He had two grievances then. One was that the person who was not in the list of 48 candidates prepared earlier had been selected and (ii) three persons. Who were over-aged and not eligible, had been included in the list of 15 candidates. THE writ petition was closed on the basis of the submission made on behalf of the respondent Association that one candidate by name Sridhar who was studying along with the petitioner in the same school was selected on the basis of merit and his name was included in the list and so far as the three candidates who were said to be over-aged it was stated that they had not been included in the list of 15 persons who constituted the team, but they came o the ground for the purpose of practising and it was also stated that the petitioner himself could join them for the practice. THE statements were placed on record and the writ petition was closed.

(2.) AFTER that, the petitioner filed a writ petition in 1999 in W.P.No.9465 of 1999 praying for a declaration that Clause 4.5 Note (xii)(1), Sub-clauses (a) and (b) contained in the information and instructions to candidates seeking admission in Tamil Nadu Engineering Admissions 1999 for the year 1999-2000 as arbitrary and unconstitutional. The petitioner was an applicant for admission to the Engineering Course under the special category for eminent sportsmen. He had participated in the 43rd National Schools Games in 1997. He had captained the team in the C.K.Naidu tournament held in New Delhi during 1997-98. According to him, he had represented the State of Tamil Nadu in the category meant for persons under the age group of 16 and under the age group of 13 conducted by the Sports Authorities of India. As such he was eligible to be considered in the special Category for the 7 seats allotted by the Anna University for the first year B.E. courses.

(3.) AFTER this the present writ petition has been filed for a declaration in the absence of separate counselling for candidates under sports quota, the entire admission done by the counselling without any communication to the candidates applied under this quota of selection is arbitrary, illegal, unconstitutional and the same is to be declared void ab initio for the year 1999-2000 and that a fresh selection should be conducted and the petitioner may be allotted with a seat in Anna University as per eligibility.