MIRIAN MIZPAH ORCHID Vs. UNION OF INDIA

JUDGEMENT

(1.) Having heard learned counsel for the appellant/petitioner, the challenge raised in the writ petition and also before us is that respondents 5 and 6 have been erroneously granted admission in the first year M.B.B.S. Course in the Government Medical College under the sports quota, having incorrectly added their marks and adjudged their merit on the basis of their participation in the Throw Ball game, the benefit whereof could not have been extended to them.

(2.) Learned counsel submits that if respondents 5 and 6 are eliminated, then the appellant has every chance of getting admitted and consequently, the learned Single Judge has committed an error in dismissing the writ petition, in spite of the fact that the game of Throw Ball is nowhere granted any recognition for the purpose of any such benefit.

(3.) Learned counsel for the appellant has invited the attention of the Court to paragraph (8) of the impugned judgment to urge that if the Ministry of Youth Affairs and Sports has indicated that the Throw Ball Federation of India does not find place as a recognized federation, then, in that event, extending benefit to respondents 5 and 6 on account of their participation in any such Throw Ball event would be of no avail and hence, they would not fall within the definition of "Eminent Sports Person" so as to receive any marks based on their level of participation. To the contrary, the appellant has participated in a large number of swimming events internationally acknowledged and, therefore, given her rank, which admittedly is thirteenth in the list of sports quota, the appellant was entitled for such admission, which has been denied on account of the inclusion of ineligible candidates.