(Judgment of the Court was delivered by S.J.Mukhopadhaya,J) The appellant-writ petitioner having not been selected for Engineering Admissions 2008 under "Eminent Sports Persons Quota", preferred the Writ Petition for a declaration that the rank list for the special reservation under "Eminent Sports Persons Quota" for Engineering Admissions 2008, published by the second respondent on 2.7.2008 for the academic year 2008-2009, as ultra-vires of Articles 15(4) and 15(5) of the Constitution of India and to direct the respondents to prepare a rank list by granting marks only to the games recognised by the School Games Federation of India. The learned single Judge having rejected Writ Petition No.16591 of 2008, by order dated 20.8.2009, the writ petitioner has challenged the same in this appeal.
2. It will be evident that during the academic year 2008-2009, the appellant-writ petitioner applied for the Course through the Single Window System, which was conducted by the second respondent. The appellant applied under the Sports Quota. During the Counselling conducted by the second respondent, he produced a certificate issued by the Air Chief Marshal, Chairman, SMSES, certifying that the appellant participated in the Subroto Mukherjee Cup Football Tournament 2006 in sub-junior (under 17 years) category as a member of St.Patrick's Anglo Indian Higher Secondary School, Chennai, Tamil Nadu. He claims that he is entitled for 125 marks for the said participation as per the Prospectus, but the said marks were not allotted in his favour.
3. The learned single Judge, noticed the contention of the second respondent that for participation in the international events representing India in Category-II, a candidate is eligible to get 125 marks. According to the second respondent, since the appellant-writ petitioner did not represent India in the so-called international event, he was not entitled for 125 marks, and therefore, he was not allotted the said marks. Such argument of the learned counsel for the second respondent was accepted by the learned single Judge.
4. Learned counsel appearing on behalf of the appellant-writ petitioner referred to "Information and Instructions to Candidates" (Prospectus) issued to the candidates who appeared in the Tamil Nadu Engineering Admissions 2008. In the said Information and Instructions, at Annexure-II, Item No.22, the selection of candidates under 'quota for eminent sports persons' have been shown. It is mentioned therein that the purpose of the said quota is to recognise and give weightage to the sports eminence of the candidates and hence, marks for sports achievement alone will be considered in ranking the candidates and the candidates are expected to continue good performance in sports, even after selection. The highest achievement of the candidate in only one annual tournament in the sports discipline in a year will be considered for awarding marks. The selection of the candidate will be based on the marks obtained by the candidate, following the guidelines given in the table as shown therein.
5. It is further stated in the said Annexure-II, Item No.22, that for International Competition, representing India Category-I, 500 marks are allotted to those who have obtained gold, 450 marks for silver, 400 marks for bronze and 150 marks for participation. For International Competition, representing India Category-II, 350 marks are allotted for gold, 300 marks for silver, 250 marks for bronze and 125 marks for participation.
6. The appellant claims that he having taken part in Subroto Mukerjee Cup Football Tournament 2006, has represented in the International Competition, representing India Category-II, for which he should have been awarded 125 marks.
7. On the other hand, according to the learned counsel for the respondents, the participation in the Tournament cannot be classified as International Competition, representing India Category-II and he relied on the Instructions given at paragraph 4(a) to the said Annexure-II, Item 22, which relates to International Tournaments and the same is quoted hereunder:
"Annexure-II Item No.22 4(a) For International Tournaments:
Category-I: Olympics, World Cup/World Championship, commonwealth Games, Asian Games, Asian Championship, Junior World Cup/World Championships, Asian Junior Championships, World University Games/Championships, World School Games, Afro Asian Games, South Asian Federation Games and Junior South Asian Federation Games.
Category-II: All other International tournaments not covered under Category I and wherein, not less than six countries had participated.
1. Participation/achievement in International tournaments will be considered only with earlier achievements at National/State level tournaments.
2. Only tournaments officially recognised by the Indian Olympic Association/respective official National Federations will be considered for the award of marks (for each year) (1.6.2004 to 31.5.2005, 1.6.2005 to 31.5.2006, 1.6.2006 to 31.5.2007 and 1.6.2007 to 31.5.2008).
3. Participation/Achievements in tournaments, with Form I alone are eligible for marks indicated in table (I) above."
8. We have heard the learned counsel appearing for the parties and perused the records.
9. It would be evident from the records that in the Subroto Mukerjee Cup Football Tournament 2006 held between 14.9.2006 and 13.10.2006, there were 29 participants from all different schools and six participants from different schools of foreign countries (foreign teams). In the said Tournament, nobody participated on behalf of any of the country. For example, the appellant participated on behalf of St.Patrick Anglo Indian Higher Secondary School, Gandhi Nagar, Adyar, Chennai, a School within the State of Tamil Nadu (junior under 17 years), but he has not participated as football player on behalf of the Indian team. The foreign teams belong to teams of different schools, but no team of Nepal / Bangladesh / Malaysia / Afghanistan / Srilanka / Bhutan, as shown therein, participated in the said Tournament, though one or other school team of Nepal / Bangladesh / Malaysia / Afghanistan / Srilanka / Bhutan, is shown to have participated in the said Tournament.
10. From the aforesaid facts, it would be evident that the appellant never participated on behalf of India in any of the international event and thus not entitled for any marks on the ground of representing the International Competition, India Category-II.
11. We find no error in the impugned order passed by the learned single Judge and the same requires no interference. There being no merits, the Writ Appeal is dismissed. No costs.
cs To
1. State of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort St.George, Chennai-600 009.
2. The Secretary, Tamil Nadu Engineering Admissions, Anna University, Chennai 600 025