LAWS(MAD)-2016-9-14

V.POOJASHRI Vs. THE CHAIRMAN ADMISSION COMMITTEE (UG)

Decided On September 19, 2016
V.Poojashri Appellant
V/S
The Chairman Admission Committee (Ug) Respondents

JUDGEMENT

(1.) Heard Mr.G.K.Ilanthirayan for M/s.Sai Bharath and Ilan, learned counsel for the petitioner ; Mr. S.Vijayakumar, learned counsel appearing for the first respondent ; Mr.I.Sathish Kumar, learned counsel appearing for the second respondent ; and Mr.P.Saravanan, learned Central Government Standing Counsel appearing for the fourth respondent and with the consent on either side, the writ petition is taken up for final disposal.

(2.) The petitioner seeks for issuance of a Writ of declaration, declaring the first respondent/ University's action in not considering the petitioner's achievements in National Soft Tennis Sports Championship and in not awarding appropriate marks to enable her to be admitted to the Bachelor of Veterinary Science & Animal Husbandry -BVSc & AH (5 years) course in the first respondent / University for the academic year 2016 -2017, as illegal and arbitrary.

(3.) The issue involved in the Writ Petition lies in narrow campus. The petitioner's case is that, she is an eminent sportswomen and she has many National and State Level Distinction to her credit in Soft Tennis Championships. If the petitioner is recognized to be a candidate who participated in National Level Sports events by taking note of the certificates produced by her, then, she will be entitled for additional marks for those certificates, resulting in, she being selected to the said course. Further if appropriate marks are given to the petitioner to those certificates, she would be a candidate standing in No.1 in the merit list in the Sports category. The controversy revolves around the certificate issued by the Joint Secretary of the Tamil Nadu Staff Tennis Association, Salem signed by one Tmt.D.Mouneshwari. The said Tmt.D.Mouneshwari, appears to have addressed the Public Information Officer of the first respondent/University asking for certain queries and one of the query related to the applications submitted by 4 candidates which include the petitioner herein. The Public Information Officer of the first respondent who is the officer functioning in the Right to Information Act should have answered the queries in accordance with the Act and if that was done, the Public Information Officer would have complied with the statutory duty. However, the Registrar (i/c) of the first respondent University addressed a letter to the said Tmt.Mouneshwari, dated 15.07.2016 describing her as the Former General Secretary of Tamil Nadu, Soft Tennis Association, Salem and requested her to confirm as to the genuinity of the certificates produced by the petitioner.