MINOR S.PRIYADHARSAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner S.Priyadharsan is a minor and he is represented by his mother and natural guardian. He has appeared in the National Eligibility cum Entrance Test conducted on 7/5/2023. He is an athlete in Roller Skating. He has participated in the State Level Championships Competitions and won Gold Medals. He has also won a Gold Medal in a District Level Competition in the year 2019. The petitioner claims that her son is entitled for 95 marks for acquired Gold Medals in the state level championship competition. The petitioner with a grievance that the Gold Medal won by her son for the academic year 2021-2022 has not been considered by the 3rd respondent, has filed this writ petition as against the rank list dtd. 24/7/2023 published by the respondents and for a consequential direction to revise the rank list by awarding marks to her son for the Gold Medals won by him for the year 2021-2022.

(2.) The learned counsel for the petitioner submits that the petitioner's son has participated in the State Level Competitions in Roller Skating and has won Gold Medals consecutively for the year 2020-2021, 2021-2022 and 2022-2023 conducted by the Tamil Nadu Roller Skating Association. However, the respondents have not taken into consideration of the gold medal won by him in the tournament conducted for the year 2021-2022. It is to be noted that due to Covid-19 pandemic, the tournament for the year 2021 - 2022 was conducted belatedly in the month of June 2022, instead of May 2022. Therefore the petitioner's son ought to have been provided marks for the year 2021-2022 also. He further submits that since he is having three Gold Medals, one medal for each academic year, ie., for the year 2020-2021, 2021-2022 and 2022-2023, he should be provided marks for each year tournament as per clause 4(c)(1) of Annexure VII of the prospectus and if marks have been provided as above, the petitioner would have got admission in the MBBS seat. Therefore, this writ petition to be allowed.

(3.) The learned Additional Advocate General appearing for the respondents submits that as per clause 5 of the prospectus, the candidates who are applying under eminent sports persons category have to first submit their application both through online and offline mode and then have to submit the downloaded filled in online application along with two sets of enclosures on or before 10/7/2023 (thereafter time was extended till 12/7/2023) in person in the 3rd respondent's office. Moreover in clause 14(e) of the prospectus it has been categorically held that, apart from online mode application, the candidates applying under eminent sports person should submit the downloaded filled in online application along with two sets of enclosures on or before the lase date to the 3rd respondent. As per clause 14(3) of the prospectus, the number of seats reserved for Eminent Sports Person are 8 seats (MBBS-7 seats and BDS-1).