SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE Vs. MINOR S. PRIYADHARSHAN, REP. BY HIS MOTHER AND NATURAL GUARDIAN

JUDGEMENT

(1.) This Writ Appeal is directed against the Judgment of the learned Single Judge, dtd. 3/8/2023 made in W.P.(MD) No.18178 of 2023. The learned Single Judge allowed the Writ Petition filed by the First Respondent herein. In the Writ Petition, the First Respondent herein prayed for a Certiorarified Mandamus to call for the records relating to impugned provisional rank list of the candidates eligible for Sports Category, dated Nil published on 24/7/2023 (MBBS/BDS) (Government quota) Course 2023- 2024 Session) by the 3rd Respondent and to quash the same and consequently direct the Respondents to issue revised rank list for special reservation for Eminent Sports Person by awarding 330 marks to the First Respondent and accordingly to conduct Counselling for these sports quota. B. The Brief Facts:

(2.) The First Respondent had obtained 120 marks in the National Eligibility cum Entrance Test conducted on 7/5/2023. The First Respondent is an Eminent Sports Person having participated in Roller Skating Championships and has won medals. For admission to the MBBS Course for 2023-2024 session, the First Respondent applied under the quota for Eminent Sports persons. The Rules regarding the allotment of marks for Eminent Sports person is contained in Annexure VII of the Prospectus issued by the Appellants. Tables I to VI contain the number of marks which would be allotted for the achievement at the International, National, State, State Level, Divisional Level and District Level achievements. Clause 2 of Annexure VII reads as follows:

(3.) The learned Single Judge considered the issue in detail and by the Judgment under Appeal, held that the reading of the Clause 2 extracted above gives room for two possible meanings. It can be read to mean that when in any academic year, only one highest achievement can be taken into account in respect of one tournament and thus if it is read in that manner, if different tournaments are conducted in the same academic year also, one highest achievement of each of the tournament can be taken into account. By applying the rule of harmonious construction and by following the beneficial rule of interpretation stating that if a provision is ambiguous it should only be read to preserve the benefit and not to be read in a manner to take away the benefit, the Learned Single Judge allowed the Writ Petition. D. The Submissions: