MIDHUNA NATHAN AND Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A. INTRODUCTION These five writ petitions are challenging the selection of candidates for the M.B.B.S., Course under the category of seats reserved for Eminent Sportsmen. The first of the petitions i.e., W.P. No. 18536 of 1994 relates to the year 1994-95. Though it was filed on 31-10-1994 and notice of motion was ordered on 7-11-1994, it has been pending unfortunately till now. The other four writ petitions relate to the current year 1995-96. The contentions are similar in all these writ petitions, though to some extent the contentions raised by two of the petitioners are not only not accepted by the other petitioners, but they have argued to the contrary. B. FACTS AND PRAYERS

(2.) (i) W.P. No. 18536/1994 : The prayer in this writ petition is for a declaration that the selection to the M.B.B.S. course for the year 1994-95 under the special category viz., Eminent Sportsmen Quota is null and void and ultra vires the Constitution of India and for a consequential direction to admit the petitioner to the M.B.B.S. course for the said year in anyone of the Medical Colleges in Tamil Nadu. The petitioner has obtained B.Sc., Degree in Zoology. She passed plus two Examinations in 1991 and has been applying for M.B.B.S. course since then but unsuccessful. She has secured 244.45 marks out of 300 including the marks in the Entrance Examination.She has been outstanding rower from her childhood, having taken part in several competitions. She was a member of the Madras University Rowing Team, which participated in the Inter-University Tournament at National Level held at Calcutta in February, 1994. Thus, she claims to fall within the Eminent Sportsmen Category at National Level. During the said year, there was no Eminent Sportsmen of InterNational level. While Respondents 5 to 8 are the selected Candidates under the Category, all being Eminent Sportsmen at National level. While Respondents 5 and 6 are serial Nos. 1 and 2 in the merit list of Eminent Sportsmen-National Level, the 7th respondent is Serial No.5 and the 8th respondent is Serial No. 15, while the petitioner is Serial No. 26. According to the petitioner, none of the selected candidates excepting one could claim to be eminent sportsmen and that they had not been sponsored by the appropriate Bodies. According to her, she is entitled to be selected under the said Category, as three out of four persons selected are not eligible. It is also her contention that the principle of reservation has been applied among the Eminent Sportsmen, which is wholly illegal and unlawful. It is specifically contended that there cannot be a mini-reservation within a Special Category of persons, who are grouped together as a source for selection. Two counter-affidavits have been filed, one bearing date 28-11-1994 an another bearing date 25-7-1995. According to them, though the number of seats reserved for the Category was only three, one more seat was added thereto from the remaining vacant categories as provided in the prospectus. The marks secured by respondents 5 to 8 are respectively 284-30, 282-60, 278.60 and 262.50. Thus, all of them have secured higher marks than the petitioner. It is also stated that the candidates were selected on the basis of reservation. While the fifth respondent was selected in the open category, the remaining respondents were selected in the Categories of B.C., M.B.C. and S.C. It is also stated that the selection was strictly in accordance with the rules prescribed in the prospectus.(ii) W.P. No. 9355 of 1995 :The prayer in the writ petition is one for issue of mandamus directing respondents 1 to 3 to cancel the selection of respondents 4 to 7 for the First Year M.B.B.S. course 1995-96, selected under the Special Category of Eminent Sportsmen and consequently select and admit the petitioner to the said course. The petitioner has secured 182-50 out of 300 marks. While studying XI Standard he participated and got first place and received a Gold Medal in the National Level in the 39th National School Games Aquatic Championship held at Goa during December, 1993. He secured a second place and got a silver medal in the 21st Junior National Aquatic Championship at Bombay during 1994, when he was studying in the XII standard. Thus, he is a Sportsman of great eminence at National Level. Apart from the aforesaid achievements, he has got to his credit several other achievements set out in the affidavit. The seats reserved for the category of Eminent Sportsmen should be allotted only on the basis of eminence in sports and not on academic achievements or marks. The object of reserving the seat for eminent sportsmen is to promote the pre-eminence in sports and not academic excellence. Unless and until the gold medalists are given a weightage, the reservation itself will be meaningless as the purpose of reservation will be defeated as the nexus to the object sought to be achieved is violated. There is a vital difference between mere sportsmen and eminent sportsmen. Every sportsman cannot be an eminent sportsman. Only a few could reach the first or second place who alone could be termed as eminent sportsmen. It is with that idea, the prospectus enjoins the applicants applying under that category to produce certificate in the prescribed form, which provided only for those who have secured first place/second place during their study of XI and XII Standards. It is stated that none of the selected candidates has produced a certificate in the prescribed form, nor were those candidates sponsored by the appropriate bodies. They have not also secured first or second place in the Championship in which they claimed to have taken part. Hence, the entire selection under the category is void and has to be cancelled. In particular, the 6th respondent, who has been selected as a sportsmen at InterNational level, was not sponsored by a National Body. In the counter-affidavits filed by the Secretary of Selection Committee and the selected candidates, the contentions of the petitioner have been refuted and in short it is stated that the selection has been made in accordance with rules and it is not vitiated in any manner. It is also pointed out that in any event, the petitioner will not be entitled to claim selection as he is only 29th in the Merit list of Eminent sportsmen at National level. It is submitted on behalf of the Selection Committee that there were only two applicants under the category for selection as Eminent Sportsmen at InterNational level and both have been selected. They being respondents 4 and 6. Two candidates have been selected as sportsmen at National Level. They are respondents 5 and 7, who are in serial Nos. 2 and 1 respectively in the merit list of Eminent Sportsmen at National Level. Respondents 4 to 7 have filed counter-affidavits asserting that they have been properly selected in accordance with the Rules. The 6th respondents, however, filed two additional counter-affidavits. In the first additional counter-affidavit the 6th respondent has stated that he has participated in the InterNational Badminton Tournament under 18 Contest held by the United Sports Club of Srilanka in May, 1994 and he was runner up in the said Tournament. It is further stated that the said club annually conducts an InterNational Badminton Tournament and individuals and teams from neighbouring countries participate in the same. Participants from four countries viz. India, Smgaore, Malaysia and Srilanka had participated in the Tournament. It is submitted that an organisation called TRIAD consultants of Srilanka came forward generally to meet his travelling and accommodation expenses at Srilanka as well as for payment of entry fee for the Tournament. Thus, he had claimed to have satisfied the requirements of the Rules as Eminent Sportsman at InterNational level.(iii) W.P. No. 9563 of 1995 :The prayer is for a certiorarified mandamus to call for the records and quash the selection to the Sports Quota for the year 1995-96 and direct the respondents to select the petitioner for the First Year M.B.B.S. course. The petitioner has scored 280.34 marks out of 300. She is an outstanding athlete, having won 51 certificates in the District Level and 25 certificates in State Level. She has participated in the Women's National in National Level. She has come first in Relay Race, second in 100 Metres, third in 200 metres at National level. According to her, the selected candidates are not eligible to be included in the category of Eminent Sportsmen. Their certificate have not been scrutinised by the concerned authority. Subsequent to the counter-affidavits filed by the selected candidates, she made specific allegations against the fourth respondent that no InterNational Kabadi Match took place at Vijayawada in 1993 as claimed by the latter and that it was only an Exhibition Match, which was not sponsored by any National Body. Later she filed another additional affidavit alleging that the fourth respondent was not the person who participated in the Match at Vijayawada and it was another person by name Geetha. The Fourth respondent has filed affidavits denying the allegations made by the petitioner and ascertained that it was she who took part in the National Kabadi Match hold at Vijayawada which was organised by a National Body. As I against the fifth respondent, who is the sixth respondent in W. P. No. 9355 of 1995, it is stated that the Tournament in which he claims to have participated not one sponsored by any National Body and it was sponsored only by a private Club. The fifth respondent has filed a counter-affidavit referring to his counter-affidavit in W. P. No. 9355 of 1995. (iv) W. P. No. 9684 of 1995 : The prayer is for issue of mandamus directing the respondents to admit the petitioner in any of the Government Medical Colleges in Tamil Nadu on merits. None of the selected candidates has been impleaded as a party to the petition. The prayer is very vague and there is no prayer for cancellation of the selection made. The petitioner has scored 260.66 marks out of 300. He claims to have participated in the State level Athletic Meet. In the affidavit it is stated that the two candidates who were selected under InterNational category are without merits, as to the best of her knowledge, there are no such meritorious candidates who have really participated in the InterNational Level. A reckless allegation is made that the petitioner understands that there is an agency which sells InterNational participation Certificates for a more sum of Rs. 500/- from Prince of Edinborough that the candidates participated in drum-beating which is also considered as an InterNational event. There is not even an attempt to set out any reason as to how the selection of the four candidates actually selected is bad. There is another allegation that when there are only three seats allotted for the Sports Quota, the selection of four candidates under that category creates a doubt about the genuineness of the admissions. The respondents have not filed any counter-affidavit separately in this writ petition. But, the facts which are made available to the Court in the counter-affidavits filed in the other writ petitions and the records placed before the Court are sufficient to deal with this Writ petition also. (v) W.P. No. 10224 of 1995 :The prayer in this writ petition is the same as in W.P. No. 9355 of 1995. The petitioner (has scored 260.92 marks out of 300. She claims to be an eminent sportsman at a National level in sparring. She claims to have secured gold medals at National Level in 1991, 1992, and 1994 and at State Level in 1989, 1990, 1992 and 1993. The contentions in the affidavit are almost the same as those found in the affidavit of the petitioner in W. P. No.9355 of 1995. Counter-affidavits have been filed by respondents 3, 4 and 6 reiterating the stand taken in the other writ petitions. C. PROSPECTUS AND THE RELEVANT CLAUSES.

(3.) The prospectus for 1995-96 sets out in clause 3 the Categories of Seats. Clause 3.5 enumerates the Special Categories for which seats are reserved in Government Colleges Clause 3.5 (v) reads as follows:-