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Judgment
Ashok B. Hinchigeri
Sri N.K. Ramesh, the learned counsel has filed the vakalath for the respondent No. 1. He undertakes to file the vakalath for the respondent No. 2 also. The counter filed on behalf of the respondent Nos. 1 and 2 is taken on record.
The petitioner is the applicant for the Common Entrance Test (''C.E.T.'' for short) for admission to undergraduate professional courses for the academic year 2012. He claims a seat in the special category of ''Sports''. As per the C.E.T. brochure, the petitioner was required to produce the originals of the special category certificate before 9.5.2012. On the petitioner submitting it to the respondent No. 1 on 25.5.2012, the respondent No. 1 refused to receive the same. Aggrieved by the said refusal, this petition is filed seeking a writ of mandamus to the respondents to receive the petitioner''s Sports Certificates at Annexures-D to G.
Sri S. Subhash, the learned counsel appearing for M/s. Kumar & Kumar for the petitioner submits that the respondent No. 1 did not even take on record the memorandum submitted by the petitioner. He submits that the petitioner was labouring under a bonafide impression that in view of the postponement of the C.E.T. examination from 3rd May 2012 to 21st May 2012, the last date for submission of the Sports Certificate is also extended.
He submits that the C.E.T. results are not yet announced and that therefore no prejudice would be caused to any candidate, if the petitioner''s certificates are received. He prays for a direction to the respondent No 1 to receive the petitioner''s certificates and forward them to the Commissioner for Youth Services & Sports.
5 Sri N K. Ramesh, the learned counsel appearing for the respondents brings to my notice that Chapter-Ill of the C.E.T. brochure makes it crystally clear that the candidates claiming seat in Special Category are required to furnish the Special Category Certificates within the prescribed date. For the sports quota, 9.5.2012 is the date fixed for the production of the Sports Certificates. He further states that, if the candidates fail to submit their originals of special category certificates on the notified dates, they would not be eligible for further verification and they would not be considered for allotment of seats under the respective special categories.
Sri Ramesh submits that the petitioner cannot feign ignorance of there being no change in the date of submission of the certificates. The notification containing the postponement of the C.E.T. examination itself contains the following information:-
The schedules notified in the CET-2012 brochure for counseling and for other programmers will remain unchanged.
He submits that the wide publicity is given to the same by issuing notifications both in English and Kannada dailies.
Sri Ramesh also brings to my notice that the original Sports Certificates would be sent to the Commissioner for Youth Services & Sports, who would in turn prepare the preferential list amongst the eligible sports candidates. He submits that if the belated submission of the sports certificates by the petitioner is ordered to be entertained, it would upset the whole ongoing process. He further submits that the preferential list as prepared by the Commissioner for Youth Services & Sports is already received by the respondent No. 1 on 30.5.2012.
When the calendar of events is issued, it has to be adhered to in The interest of all the candidates. When Chapter-Ill of the C.E.T. brochure specifies 9.5.2012 as the date for the submission of the sports certificates, there was no justification for the petitioner to delay their submission till 21.5.2012.
That the petitioner was under the impression that the postponement of the C.E.T. examination also meant the postponement of the date for submission of certificates is unacceptable in view of the first respondent issuing the notifications in both English and Kannada dailies that there would not be any change in the schedules notified in C.E.T.-2012 except the postponement of the examination. As per the C.E.T. brochure itself, the original sports certificates as collected by the first respondent are required to be sent to the Commissioner for Youth Services and Sports, who in turn has to prepare the preferential list among the eligible sports certificates in the order of gold, silver and bronze medals, etc. The said Commissioner has completed the process and has already submitted the preferential list on 30.5.2012. At this juncture, any direction for insertion of the petitioner''s name in the list is not warranted. For all the aforesaid reasons, I dismiss this petition. No order as to costs.