DOBSON DOMINIC MINOR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner is candidate for admission to M.B.B.S. course under the Special Category for "Eminent Sportsmen" for the academic year 1999-2000. He claimed reservation on the basis that he is a National Level Sportsman. The Selection Committee did not consider, the case of the petitioner, but selected respondents 4 to 6 under the category of "International Level Sportsmen". Hence, petitioner has filed the above writ petition for a declaration to declare the selection of respondents 4, 5 and 6, as illegal and unconstitutional, and for a direction to respondents 1 to 3 to admit the petitioner in the M.B.B.S. Course in the Government Medical College for 1999-2000 under the Special Category for Eminent Sportsmen.

(2.) The counselling for admission was held on 18-8-99 and the above writ petition was filed on 19-8-99 without any delay as to the non-selection of the petitioner and the selection of other candidates, namely respondents 4 to 6 herein, which according to the petitioner, is illegal. Notice of motion was ordered on 20-8-99 both through Court as well as through personal notice. All the respondents were served and all of them have filed their counter-affidavits excepting the sixth respondent, who has entered appearance.

(3.) Briefly stated, the facts of the case are as follows :-Petitioner, a minor represented by his father applied for admission to M.B.B.S. course 1999-2000 in any one of the Government Medical colleges run by the State of Tamil Nadu in the three seats reserved under the category meant for "Eminent Sportsmen". According to the petitioner, he had participated in eight National Level Badminton Championships Sponsored by the State Body and ten State Level Badminton Championships sponsored by the Tamil Nadu Badminton Association and the Tamil Nadu Government, besides participating in the District and Zonal Level Games conducted by the State Government. The petitioner has been sponsored by the Tamil Nadu. Badminton Association, which is a registered body and affiliated to the Badminton Association of India. He was selected to represent Tamil Nadu in the following National Tournaments:(1) XI Mini and Sub-Junior National Badminton Championship-November 1997 at Guwahati, Assam.(2) X Mini National Badminton Championship-October 1996 at Tiruchur.(3) IX Mini National Badminton Championship 1995-96 at Vishakapatnam.(4) VIII Mini National Badminton Championship-October 1994 at Vijayawada.(5) VI Mini National Badminton Championship, 1992, at Jamshedpur.(6) All India Junior Badminton Tournament Khaitan Memorial, Madras-July 1997.(7) All India Junior Badminton Tournament-July 1996.(8) All India Junior Badminton Tournament-July 1993.Thus, it could be seen that the petitioner satisfies the requirement of the second category, namely that having been sponsored by a State Body, he represented in eight National Tournaments. Besides, he had participated in ten State Level Tournaments and won medals. Therefore, insofar as the petitioner is concerned, he fully qualifies and satisfies the requirement of participation in the national tournament. Petitioner had also secured 182.50 marks out of 200 in the academic subjects and 63.75 in the entrance examination conducted for the professional courses, totalling 246-25 marks. With the certificates establishing his eminence in sports and marks, petitioner was hoping to be selected. However, the results of the selection were notified in the board by the Selection Committee on 10-8-99 and to his great surprise, petitioner was not selected, whereas respondents 4 to 6 were provisionally selected. Petitioner has therefore filed this writ petition immediately after the counselling on 18-8-99.