IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28-11-2017 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.27006 of 2017 K.Marimuthu ... Petitioner Vs
1. Secretary, Selection Committee, Directorate of Indian Medicine & Homeopathy, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai – 600 106.
2. Director, Indian Medicine & Homeopathy, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai – 600 106. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st Respondent to consider the representation dated 11.10.2017 made by the Petitioner.
For Petitioner : Mr.J.Jeya Sabareeswaran For Respondents : Mr.T.M.Pappiah, Special Government Pleader O R D E R The petitioner applied for BNYS namely, Bachelor of Naturopathy and Yoga offered at the Government Yoga and Naturopathy Medical College, Arumbakkam under eminent sports persons quota. Since the petitioner was not given a seat under the sports quota the petitioner has come before this court to grant a seat based on his representation dated 11.10.2017.
2. The petitioner obtained 902 marks in +2 examination and in addition, he had also got four merit certificates which would enable him to get 245 marks to make a claim under the sports quota. The details of the certificates obtained by the petitioner is as follows:
The petitioner was originally granted 130 marks for having obtained the certificates which were given in recognition of petitioner's participation in the Yogasana competition. The petitioner was given 80 marks for having got 2nd place in the 29th Tamil Nadu Yogasana Championship 2016 and he was given 50 marks for participation in the 61st National School Games 2015-2016 and thus, a total of 130 marks were given, ignoring the claim of the petitioner for the certificates obtained for having participated in the 60th National School Games 2014-2015 and also for obtaining 3rd place in the XXXI state Yogasports Championship 2013 conducted by Tamilnadu State Yoga Association, thereby denying about 115 marks to the petitioner.
3. With 130 marks, the petitioner was placed in 24th position. Subsequently, based on the representation of the petitioner, 50 marks was awarded for the certificate obtained for having participated in the 60th National School Games 2014-2015 and thus, totally 180 marks was given to the petitioner, thereby placing the petitioner at 15A position.
4. The petitioner further submitted that he should have been granted 65 marks for having secured 3rd place in the XXXI State Yogasports Championship 2013 conducted by Tamilnadu State Yoga Association. However, it is represented that the Sports Development Authority of Tamilnadu did not consider the certificate issued by the Tamilnadu State Yoga Association, as the said Association was not recognized by the Tamil Nadu Olympic Association. Therefore, the petitioner has been rightly given 130 marks, denying 65 marks for the certificate issued by the Tamilnadu State Yoga Association.
5. The learned counsel for the petitioner would submit that though the petitioner was placed in 15A position, he was not given a seat in BNYS Course, even though preference should be given to the person who is proficient in yogasana sports discipline than the candidates with proficiency in other sports discipline, as stated in the prospectus. According to the learned counsel for the petitioner, the petitioner is the only person who is proficient in yogasana and therefore, he should have been given a seat. However, the respondents have alloted the seat to A.M.Kavya and K.Raashmitha, whose sports discipline are Badminton and Basket Ball having obtained 380 marks and 295 marks respectively under the sports marks.
6. Per contra, Mr.T.M.Pappiah, learned Special Government Pleader would contend that one A.M.Kavya was ranked 5th and K.Raashmitha was ranked 7th whereas the petitioner was ranked 15A and therefore, the petitioner could not be given a seat. Further, he would plead that the prospectus has to be interpreted in such a way that if both the candidates are equally placed in marks, then preference must be given to the candidate proficient in Yogasana. However, in the instant case, the petitioner has secured lower marks than the candidates who were already given seats. Therefore, preference cannot be given to the candidates who are vertically down in the merit list.
7. As already stated, though the petitioner was initially awarded 130 marks, he was subsequently awarded 180 marks. No doubt A.M.Kavya, who is proficient in Badminton having obtained 380 sports marks was placed in the 5th place and K.Raashmitha who is proficient in Basket Ball having obtained 295 sports marts was placed in the 7th place. However, the higher marks in other sports discipline namely Badminton and Basket Ball cannot outweigh the sports marks obtained by the petitioner in yogasana discipline, as the course itself is Bachelor of Naturopathy and Yoga Science. The Badminton and Basket Ball have got nothing to do with the yoga. Therefore, the sports marks obtained in other discipline cannot be employed to defeat the rights of the petitioner who got 180 sports marks in the very subject namely, Yogasana. Therefore, the denial of seat to the petitioner under the sport quota is unjustified.
8. The interpretation given by the respondent that only if two candidates are equally placed in the sports marks, the preference had to be given to the candidate proficient in Yogasana cannot be accepted. As already stated, the sports marks obtained in other sports discipline such as Badminton and Basketball has got nothing to do with Yoga. The very purpose of admitting students in the sports quota is to see that particular candidate who knows the fundamentals and proficiency in the particular subject should be given a seat. The interpretation given by the Government would normally hold good, if no student like petitioner who is proficient in Yoga is available. Once the candidate with proficiency in a particular sport is available, naturally he should have been chosen and he should have been granted admission. Therefore, the interpretation given by the respondent is liable to be rejected and accordingly rejected.
9. At this juncture, it is pertinent to note that one seat is already kept vacant by way of an interim order dated 27.10.2017. Therefore, for the reasons stated above, this court holds that the petitioner is entitled to get admission under sports quota and the respondents are directed to admit the petitioner in BNYS course, within a period of one week from the date of receipt of a copy of this order.
10. The writ petition is disposed of with the above directions. No costs.
For reporting compliance, call on 15.12.2017 28.11.2017 tkp/pgp Note:Issue order copy on 29.11.2017 N.KIRUBAKARAN,J tkp/pgp To
1. Secretary, Selection Committee, Directorate of Indian Medicine & Homeopathy, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai – 600 106.
2. Director, Indian Medicine & Homeopathy, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Chennai – 600 106.
W.P.No.27006 of 2017 Dated : 28.11.2017