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Judgment
Manikumar, J.—An unsuccessful candidate, who sought for admission to the second year B.E./B.Tech. courses (Lateral Entry Scheme
2013-2014) under the special category of Sports Quota in Government, Government Aided, Self Financing Engineering Colleges and Anna
University Colleges, has filed the present Writ Petition for a Mandamus, directing the Secretary/Selection Committee, Alagappa Chettiar College
of Engineering and Technology, Karaikudi, Sivagangai District/the second respondent herein, to provide admission to the petitioner in B.E. second
year course (Lateral Entry Scheme) for the academic year 2013-2014. It is the case of the petitioner that he is having national level certificates in
Boxing, conducted by Indian Boxing Federation for three consecutive years i.e., (i) In the year 2009, he had participated in the National Level
Boxing Championship organized by Maharashtra State Boxing Association held at Aurangabad, where he had secured gold medal in B-17 weight
category; (ii) In the year 2010, he had participated in the National Level Boxing Championships organized by the Tamil Nadu State Boxing
Association at Chennai, wherein, he had secured a gold medal in 66 Kg weight category (iii) In the year 2011, he had participated in the National
Level Boxing event conducted by A.P.A.B.A. at Kakinada, where he had secured third position in 75 kg weight category. He belongs to
Backward Community.
The petitioner has applied for admission to the second year B.E. (Lateral Entry Scheme 2013-2014) under the special category of Sports
Quota, in application No. 246115/6468 and though he was waiting for intimation from the respondents 1 & 2 herein for counselling, for admission
under the special category to be scheduled on 26.06.2013, there was no intimation. When the petitioner approached the Office of the Selection
Committee, Alagappa Chettiar College of Engineering and Technology, Karaikudi, Sivagangai District, there was no response. However, when he
checked the application status in the official website, he came to know that his application had wrongly considered under the General Category,
instead of special category, Sports Quota. The counselling for General Category is fixed on 08.07.2013.
It is the case of the petitioner that on behalf of State of Tamil Nadu, he had represented at the national level more than seven times and got three
gold medals and four bronze medals. He is also a member of the Champions Development Scheme organised by Sports Development Authority of
Tamil Nadu. The scheme has been formulated for National Level Gold Medal achievers. According to the petitioner, as per the brochure issued by
the Director of Technical Education, Chennai, the petitioner is entitled to 380 (190 + 190 = 380) marks for securing two gold medals and 130
marks for securing a bronze medal, in three national level events. Therefore, according to the petitioner, he is entitled to 510 marks under the
Sports Category.
It is the grievance of the petitioner that though he had participated in national level events and secured gold medals, the respondents have failed
to consider his application under the Special Category of eminent sportsmen and have wrongly treated the same, under General Category. It is the
further case of the petitioner that though on 26.06.2013 at 11 a.m. the petitioner had appeared before the Secretary/Selection Committee,
Alagappa Chettiar College of Engineering and Technology, Karaikudi, Sivagangai District/the second respondent in person, the respondents have
not treated the application of the petitioner under the Sports Category and permitted the petitioner to participate in counselling for admission
against the seats earmarked under the abovesaid category. In these circumstances, the petitioner has come forward with the present Writ Petition
for a Mandamus, as stated supra.
When the matter came up on 27.06.2013, this Court directed Ms. Bharathi, learned Government Advocate, to get instructions from the
Director of Technical Education, Chennai. On instructions, she submitted that for admission under the Lateral Entry Scheme (Second year
B.E./B.Tech. Degree courses) under special categories, for the academic year 2013-2014, committees have been constituted. According to her,
three committees have been constituted to scrutinize all the applications under the Special Categories i.e., (i) Differently Abled Persons Category
(ii) Eminent Sports Persons Category (iii) Freedom Fighter and Ex-servicemen Category and the committee members were requested to scrutinize
and submit their report, on or before 24.06.2013.
Inviting the attention of this Court to Clause 5 of Annexure II, pertaining to the selection of the candidates under the category of eminent sports
persons, learned Government Advocate submitted that for consideration of candidates, for admission, under the category of eminent sports
persons, he/she should enclose the attested photocopies of participation certificates and prescribed the forms, issued by the appropriate sports
authorities, along with the application. She further submitted that in respect of national level participation (representing State), the competent
authority to issue the certificate is the Member Secretary, SDAT/Secretary of the State Association (Recognized by SDAT/TNOA) and that the
certificate should be in Form II. Inviting the attention of this Court to the tabular column, she pointed out that in some cases, mere certificates are
accepted and in some cases, either certificates or Form II are recognized, for consideration of the application under the category of eminent sports
persons and in three Special cases viz., International (Representing Nation), National (Representing State), National (representing State for School
Games Competitions), the certificates should be in the specified Form I, Form II and Form IV respectively. According to the learned Government
counsel, though the petitioner had represented State of Tamil Nadu in Boxing event, he has not enclosed Form II, along with the application
submitted for admission to BE/B.Tech. (Lateral Entry Scheme 2013-2014) under the special category and therefore, his application, not
supported with the required Form, could not be treated under the category of eminent sports person. Accordingly, the application of the petitioner
has been treated only under the General Category.
Learned Government Advocate further submitted that the committee, comprising of four persons, constituted for the purpose of scrutiny of the
applications has found that the petitioner had not enclosed the necessary forms, as stated supra and accordingly, the Secretary, Engineering
Admissions, has prepared a list of candidates eligible to be considered for admission under the category of eminent sports persons category, for
the academic year 2013-2014. She also submitted that as per the order of merit and following the rule of reservation, eligible candidates have been
selected. Learned Government Advocate further submitted that though the petitioner had enclosed Form II from the respective boxing association
in the typed set of papers, till today, they have not been submitted to the respondents 2 & 3.
By way of reply, Mr. D. Selvanayagam, learned counsel for the petitioner submitted that if the application was not accompanied by the required
form, the petitioner could have been very well intimated by the respondents 2 & 3. He further submitted that when the petitioner had represented
the State of Tamil Nadu at National levels and secured gold medals/bronze medal, the application could have been considered under the category
of eminent sportsmen and having regard to the achievements, he could have been permitted to undergo the counselling on 26.06.2013 and during
the said counselling the petitioner could have been permitted to produce the necessary forms. Learned counsel for the petitioner also submitted that
the respondents have not given any opportunity. He also drew the attention of the Clause 6.2 and 6.5 of the instructions to the candidates and
submitted that even in cases, where all the certificates are left in a institution, a concession is given to the candidates to produce a letter from the
head of the institution that the original certificates would be produced later and in view of the abovesaid clause, the petitioner could have been
permitted to take part in counselling on 26.06.2013 and given an opportunity to produce the required forms. For the minor deficiency of non
production of the forms, eminence of the petitioner in sports ought not to have been ignored. For the abovesaid reasons, the petitioner has sought
for a Writ of Mandamus.
Heard the learned counsel for the parties and perused the materials available on record.
Before adverting to the facts of this case, this Court deems it fit to extract a decision on the principles of law which states prospectus binds
both the candidates, as well as the Government/Selection Committee. After considering the binding effect of the terms and conditions of the
prospectus, this Court in Dr. M. Ashiq Nihmathullah Vs. The Government of Tamil Nadu and Dr. K. Sabapathy, has held as follows;
7.A prospectus issued with regard to admission to educational courses is a declaration to the candidates that a field for development of educational
potentialities is available for exploration and that there could be a chance of success. It is a piece of information. However, the norms and rules that
should guide and should be adopted for selection, must not be unreasonable, arbitrary or discriminatory. Normally prospectus is binding not only
on the candidates but also on the State including the machinery appointed by the State for identifying the candidates for selection and admission.
The principle that the prospectus is binding on all persons concerned has been laid by the Supreme Court in Punjab Engineering College
Chandigarh through its Principal Vs. Sanjay Gulati and Others, . Following the same, a Division Bench of this Court has also observed in Dr.
Rathnaswamy, A. vs. Director of Medical Education, 1986 WLR 207, that the rules and norms of the prospectus are to be strictly and solemnly
adhered to. The same view is also taken by another Division Bench of this Court in Nithiyan, P. and S.P. Parasanna vs. State of Tamil Nadu, 1994
WLR 624.
In the case on hand, prospectus have been issued by the Department of Technical Education Tamil Nadu for admission to second year
B.E./B.Tech for the academic year 2013-2014. The prospectus contains general conditions. Besides admission under the General Category,
special reservation is provided to three categories i.e., (i) Differently Abled Persons (ii) Eminent Sports Persons and (iii) Freedom fighter and Ex-
servicemen.
Vide Circular No. 1692/S1/2013, dated 07.06.2013, of the Principal (incharge), Alagappa Chettiar College of Engineering and Technology,
Karaikudi, the following three committees have been constituted to scrutinize the applications filed under special categories. The committee has to
report on or before 24.06.2013 under the abovesaid categories.
The General Conditions mentioned in Clause 5 to Annexure II dealing with the selection of candidates under the quota for eminent sports
persons are also relevant and it is as follows;
General Conditions:
For consideration of Candidates seeking admission under the category of eminent sports person, he/she should enclose attested photo copies of
participation certificates and the forms issued by the relevant sports authorities, along with the application.
Participation/achievements from 01.06.2009 to 31.05.2013 (1.6.2009 to 31.5.2010, 1.6.2010 to 31.5.2011, 1.5.2011 to 31.5.2012 and
1.5.2012 to 31.5.2013) in sports/games shown in the list alone will be taken into account. National/State Level Championships/Tournaments
conducted by organizations recognized by Indian Olympic Association/Sports Development Authority of Tamilnadu (SDAT)/Tamilnadu Olympic
Association (TNOA) alone will be considered for award of marks. (Recognition should be relevant to the year concerned).
The relevant attested copies of certificates issued by the appropriate authorities as detailed below are to be submitted along with the application.
These certificates are not valid unless signed personally in ink by the authorities mentioned above.
Open/Invitational tournaments of any kind will not be considered.
For Tennis, the achievements of top three players by his/her position in the ranking list published by AITA/TNTA based on the ranking rules
and the final rankings of previous four years, will be awarded marks for achievements & participation (necessary forms from the associations are to
be enclosed.)
For Cricket, the annual official championship tournaments conducted within the country under the auspices of TNCA/BCCI at
District/State/National Level alone will be taken into consideration for that year.
The participation/achievements of candidates with nativity in Tamil Nadu who represented Tamil Nadu alone are eligible for marks under
National Category.
Only Tamil Nadu candidates are eligible to apply for admission under Sports Quota and only the candidates who have studied KVS/CBSC
schools within Tamil Nadu will be eligible for marks.
9.A common Committee for Engineering constituted for this purpose will rank the candidates based on the marks assigned to the certificates
enclosed along with the application.
All the achievement certificates are to be supported necessarily by the relevant participation certificates and appropriate Forms.
No further enclosures or certificates under any circumstances will be entertained after the last date for submission of completed application.
Required number of candidates will be called to appear for an interview before the Common Committee for Engineering verification of the
Originals, followed by counselling after ranking.
If any candidate fails to produce the requisite Original Certificates/Forms, his/her place will be allotted to the candidate next in rank and so on.
The consequential vacancy at the end of the rank list will be filled up from among the additional candidates according to their ranks.
Selected candidates will be counseled and allotment of branches and colleges earmarked for the quota will be based on the ranking before the
start of the main Counselling.
15.A candidate can avail seat under sports quota only once for Engineering.
As per the abovesaid clause, if a person has represented a national level event on behalf of the State, he must produce Form II issued by the
Member Secretary, SDAT/Secretary of the State Association (recognized by SDAT/TNOA). For consideration of a candidate seeking admission
under the category of eminent sports persons, he/she should enclose attested photo copies of participation certificates, issued by the relevant
sports authority, along with the application.
It is the case of the petitioner that he had represented State of Tamil Nadu in the event Boxing at National Levels and secured gold
medals/bronze medals. Details of the application submitted by the petitioner to the respondents 2 & 3 are extracted hereunder:
Though the petitioner has contended that he has enclosed the certificates issued by the Indian Boxing Federation and other boxing federations,
what is required under the prospectus is only Form II. Though the petitioner has claimed to have obtained Form II, dated 07.06.2013, from the
concerned association and enclosed in the typed set of papers, unfortunately, the petitioner has not produced the said form along with the
application submitted for consideration under the Eminent Sports Persons category. The contention of the learned counsel for the State that even
today, the said forms have not been submitted to the respondents 2 & 3, has not been disputed.
As rightly contended by the learned counsel for the State, perusal of the clause 5, instructions to the candidates applying for admission under
the Eminent Sports Category shows that for certain level of participation and achievement only a certificate is required and for first three categories
viz., (i) International (representing nation), it is Form I; (ii) National representing State in an event organized at the nation above school level, it is
Form II; and (iii) National representing State for national school games competition, it is Form IV. From the above, it could also be deduced that
whenever candidates represent a national level event, Form II or Form IV, as the case may be, is required to be produced. Admittedly, in the case
on hand, the petitioner has not produced for Form-II, even today. If the application is not supported with the photocopy of that particular
document, it has to be treated only as an application under the General Category. In the case on hand, though the petitioner is a national level
boxer representing State of Tamil Nadu, it is unfortunate that he did not enclose Form II and consequently, the committee which scrutinized the
applications, has to treat the same as one under the General Category.
The contention of the learned counsel for the petitioner that the committee is not the competent to select any candidates and that therefore, non
consideration of his candidature under Sports Category is erroneous, cannot be countenanced for the reason that clause 4.1 of the ""Information
and Instructions to Candidates"" for admission to second year B.E./B.Tech Courses, 2013-2014 clearly states that since the special reservation
applications are processed by separate committees, and the candidates have been instructed to enclose separate Forms along with the main
application. If appropriate certificates or supporting documents for claiming admission under the special reservation are not enclosed, their claim
under such categories cannot be considered.
The above clause makes it clear that separate committees can be constituted for the purpose of scrutinizing the applications and if the
appropriate certificates or supporting documents for special reservation are not enclosed, then their cases would be considered only under the
general category and not under the special category. As per the prospectus, for consideration of candidates seeking admission under the category
of eminent sports person, he/she should enclose attested photo copies of participation certificates and the forms issued by the relevant sports
authorities, along with the application.
All the achievement certificates are to be supported necessarily by the relevant participation certificates and appropriate Forms.
No further enclosures or certificates under any circumstances will be entertained after the last date for submission of completed application.
The language used in the clauses makes it clear that the candidate must produce Form II. In the case on hand, the petitioner has failed to produce
the same and hence, the application has been considered under the general category. No manifest illegality has been committed by the respondents
in treating the application of the petitioner under general category. For the abovesaid reasons, Mandamus sought for cannot be issued. Hence, this
writ petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. No costs.