A YASH GUPTA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These writ petitions have been filed by the students who seek Engineering admission conducted for the year 2014 by Anna University and who have been allotted marks under the category of "Quota for Eminent Sports Persons". The case of the petitioners in brief is as follows:

(2.) Learned Senior counsel appearing for the petitioners would submit that the students were eagerly waiting that on the strength of the sports marks they will be given Engineering admission in an appropriate college under the Sports quota. But to their shock and surprise the respondents have informed that they are not entitled for admission under the Sports quota and they will be awarded only "0" marks for their achievement. He would further submit that the students are participating in the annual events organised by the Roller Skating Federation of India for the past four years and they have also participated in the State level, National level and International level competitions. Therefore, their participation certificates should be considered and that cannot be summarily rejected by the respondents only on the technical ground that the Association through which they participated in the events is not a recognised Association insofar as Tamil Nadu State is concerned. In this connection, learned Senior counsel would further argue that though the Tamil Nadu Roller Skating Association might not have been registered as on date by Sports Development Authority of Tamil Nadu (SDAT) and the Tamil Nadu Olympic Association (TNOA) as contended by the Additional Advocate General, it has been recognised by the Roller Skating Federation of India for governing the Roller Skates Sports activities in the State of Tamil Nadu. He would further bring to the notice of this Court that in respect of the year 2013 even the Ministry of Youth Affairs and Sports has recognised the Roller Skating Federation of India to receive the assistance from the Government including railway concessions etc. When that is so, the affiliated body in Tamil Nadu will automatically get the recognition of a recognised body. He would further contend that for the past several years, this Association has been recognised by the Anna University insofar as the selection for the Engineering Admission is concerned and based on their certificates many students have been awarded marks and even they were given admission in the previous years. Further the learned Senior counsel would specifically point out that in the last year prospectus also the very same clause has been provided for admission under Sports quota and this year prospectus also is the replica of the same. When that is the position and the students who have participated in the event during last year through the same Association were given admission based on their certificates, there cannot be any discretion for the present year students because the Association is not a registered one or recognised one. Therefore, he would only contend that these students who have got several achievements at the State level, National level and International level cannot be thrown out of the very selection process itself. Accordingly, the learned senior counsel would pray that the petitioners name should be taken into consideration based on the marks awarded to them and accordingly their ranks should be placed at the relevant place in the ranking list.

(3.) Learned Additional Advocate General appearing on behalf of the respondents would fairly submit that the clause, which found place in the last year prospectus was a mistake and that cannot be continued. He would also submit that last year the students who have participated in the events through the same Association was recognised and were given admission based on their achievements. He would also bring to the notice of this Court that the Tamil Nadu Roller Skating Association by virtue of their letter dated 9.4.2014 has sought for recognition from the Sports Development Authority of Tamil Nadu. When it is so, the students who have participated in the events organised by the said Association cannot expect them to be treated on par with the other associations, viz., the students who have got better marks under the recognised institution. Hence, he would submit that if the certificates of these students are entertained then that will affect the right of the other students. However, he would contend that the students who have participated in the national level and international level events have to be considered and accordingly, the petitioners herein who have participated either in the international event or in national events will be considered. Therefore, the only contention by the learned Additional Advocate General is that if recognition has not been given to a particular association, the participation by the students through that Association and getting certificates by itself would not give any right. In fact he would also point out that the recognition even by Ministry of Youth Affairs and Sports was only in respect of the year 2013. Therefore, he would state that the mistake committed by the authority during the previous year cannot be allowed to be continued and that should be stopped for this year.