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Judgment
S.S. Subramani, J.—Petitioner is a minor represented by his father and natural guardian. Petitioner has come to this Court under Article 226 of the Constitution of India for the issuance of Writ of Mandamus to compel Respondents to admit Petitioner to B.E Degree Course under sports quota.
In the Higher Secondary Education, Petitioner obtained 985 marks out of 1200. He also wrote Entrance Examination. Petitioner wanted to join Engineering College under special category of Sports quota. As per paragraph 4.5 of information and instruction" to candidates, Petitioner is eligible to apply and get admission under sports quota, he being eminent Sportsman. Petitioner received a telegram dated 9.7.1998 asking him to produce all certificates and other testimonials for verification. Petitioner also produced the same but his name was not included in the selection list. '' 3. Petitioner was again called for counselling by letter dated 18.8.1998 for which also Petitioner attended. But Petitioner was given payment seat in a Private Engineering College. Since financial capacity of Petitioner is poor, he could not accept the same. It is the case of Petitioner that he hits participated in various Sports at Divisional Level and District level. He ought to have been considered taking into consideration his proficbncy in sports.
Detailed counter affidavit has been filed on behalf of Respondents. One of the main contentions raised is that there is delay in filing writ petition and due to the laches on the part of Petitioner, writ petition is to be dismissed in limini. Selection list of candidates was published on 17.7.1998 but the writ petition was filed only on 23.11.1998. In the middle of the year, Petitioner could not be allowed to be admitted. It is said that it will affect the curriculam for the entire college.
On merits, it is said that Petitioner''s case was considered under special quota and it was found that he was not eligible to be admitted. All certificates produced would show that he has represented the School in the Division concerned or District, except for one certificate issued in 1997 where he participated in State level long jump for Tanjore District. The admission has been given only to candidates who have participated in International level, National level and State level and when they have been given admission, Petitioner who was only participated on one occassion at District Level was found to be not eligible to be admitted under special category.
I heard the counsel on both sides.
A similar question came for consideration in Midhuna Nathan and Vs. State of Tamil Nadu and Others, . In paragraph 17 of the judgment, Honourable Division Bench headed by Justice Srinivasan (as the then was), took into consideration an early decision of this Court wherein it was observed thus, "The word ''eminent'' means, ''rising above others; conspicuous, distinguished''. Therefore, it stands to reason that it is not mere sportsmanship, but eminence in sportsmanship, that has to be the guiding principle on which the selection is to be made and the touch stone on which the selection ''has to be tested. To clear any doubt in the matter, it is also stated in the prospectus that in order to merit consideration as eminent sportsman, a candidate should have participated at State Level and All India level sports. Since eminence in sports activities cannot be achieved by a flourish of the magic wand or by easy methods, but can be achieved only by long, constant and hard work in the sports field or gymnasium, it goes without saying that the candidate will have to sacrifice a good portion of his study time for attaining eminence in sports activities. It is to offset the sacrifice made by the candidate of his academic activities, the Government has deemed it fit to prescribe lesser marks of eligibility for applying for M.B.B.S. course.
The matter can be viewed from another angle also. Sports activities have been encouraged all through the ages in all the countries of the World and these are days where International Sports Events are held at different levels in various countries for promotion of Sports and International goodwill., It is not only the ambition of the individual sportsman, but of countries also that as many medals as possible should be secured in international sports and gymnastic events. There is therefore nothing wrong in the Government giving encouragement to eminent sportsmen and providing three seats for them each year in the medical course. It cannot also be said that reservation of seats for eminent sportsmen has no annexes to the objects sought to be achieved. These are days when members of the medical profession are sent on several missions for research and study. Eminent doctors are being sent on space flights, Arctic expeditions and mountaineering expeditions and to make special studies. We then have the defence services, viz, the Army, the Navy and the Air Force, which require doctors to serve in hospitals situated at vulnerable places. For deployment in such missions or hospitals, Medical graduates who have achieved high proficiency in sports activities will certainly be better suited than other graduates, who have not engaged themselves in sports activities. We are therefore of opinion that there is absolutely nothing wrong or unjust in the Government having reserved three seats for being allotted to eminent sportsmen. We have further to point out that after having applied for admission on the basis that they are eminent sportsmen, the Petitioners cannot assail the reservation of seats for that category'' or the prescription of standards by the Government to that class of students.
In paragraph 18, their Lordships further held thus, "For every sportsmen, the order of preference is as follows:
(a) Participation at International level, the candidate being sponsored by a national body, (b) Participation at National level, the candidate being sponsored by a State Body or University, (c) Participation at State level, the candidate being sponsored by Zonal or District Association.
Their Lordships further held that there must be sponsorship certificate and it must be produced. If it is not produced the candidate will not be considered. Their Lordships in paragraph 22, summarised their views thus,
The Tamil Nadu prospectus sets out the order of preference among the sportsmen.
(1) Participation at International level.
(2) Participation at National level.
(3) Participation at State level.
The 1st category will exclude the 2nd and the 2nd will exclude the 3rd.
Two basic requirements should necessarily be satisfied in order to make a candidate eligible for consideration:
(i) Participation in State/National/International Sports events.
(ii) The candidate was sponsored by Zonal or District Association/State body or University/National Body.
The eminence of a Sportsman is determined by the participation in the sports events at the levels specified on being sponsored by the respective bodies mentioned in Clause 3.5(v).
I also had an occasion to consider this question in the decision reported in 1998 Writ L.R.815 (Minor D.V. Ramkumar rep. by D. Venkatachalam v. The Secretary, Tamil Nadu Engineering Admission, Anna University, Chennai, etc.)
I will now come to the facts. As could be seen from the typed set of papers, as rightly contended by learned Counsel for Respondent, even though more than 25 certificates have been filed by Petitioner, none of these certificates show that he was sponsored by State nor it will prove that he has participated in International level/National level/State level meets. Except one of the certificates only show that Petitioner had participated in School meet in a particular Division or district. Except for one certificate in the year 1997, wherein it could be seen that Petitioner had participated at District level long jump all other certificates cannot be considered in view of the provisions of prospectus.
There are only 37 seats reserved for eminent sportsmen. When there are more applications than 37, it is decided by Government to limit the claim of persons who represent the Nation. When Petitioner has no case that he represented Nation in International level or the State in National level, none of the certificates produced by Petitioner could be . accepted making him eligible to be admitted in the B.E. course. Non-selection of Petitioner cannot be said as arbitrary or illegal.
It is also rightly contended by learned Counsel for Respondent that there is delay in filing writ petition. Admissions are closed on 31.8.1998 and the Writ petition is filed nearly 2 months thereafter. Even first semester was about to be over when the writ petition was filed. There is no explanation in the writ petition why Petitioner came to court belatedly. Admission in the mid year is deprecated since that will affect the entire curriculum and even disturb the system and later admissions are also deprecated in various decisions.
In the result, I do not find any merit in the writ petition and the same is dismissed, No costs. Consequently, W.M.P. No. 28339 of 1998 is also dismissed.