THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 17097 of 2009 Oral order: The petitioner, who is a student, claims to have appeared EAMCET-2009 and claims to be one of the applicants for admission into MBBS and BDS Course. She filed the present writ petition aggrieved by the action of the respondents in not including her name in Sports and Games Merit List-2000-2010 contrary to G.O.Ms.Nos.10 and 11, Youth Advancement, Tourism and Culture (Sports) Department, dated 15.07.2008, and G.O.Ms.No.20, Youth Advancement, Tourism and Culture (Sports) Department, Dated 03.05.2006. At one stage, in view of disputes involved in similar writ petitions, this Court has heard the learned counsel for the respective parties as also Mr. Parida, I.A.S., Principal Secretary to the Government of Andhra Pradesh and Ms. V. Radha, I.A.S., Vice- Chairman and Managing Director, Sports Authority of Andhra Pradesh, at length. In view of the submission made across the Bar that the Sports Authority of Andhra Pradesh (SAAP) has a very limited role to the extent of certifying certificates, issued by various Sports Federations/Associations etc., upto the State Level Tournaments and with a view to resolve the disputes involved in similar writ petitions, suggested constitution of a Committee comprising of three officials drawn from the Sports Authority of Andhra Pradesh (SAAP), Sports Authority of India and the N.T.R. University of Health Sciences, to verify the genuineness or otherwise of the certificates, issued in respect of the sports/games conducted at the State/National/International Level, and certify and assign the rankings, to enable the N.T.R. Health University, to make admissions under the Sports Quota. However, in view of the non-cooperative attitude adopted by the Central Government, this Court could not appoint a Committee comprising the three officials, as suggested above. But, having regard to the paucity of time, since per the judgment of the Supreme Court, the admissions under the medical scheme, have to be completed by 30.09.2009, this Court, through its order, dated 11.09.2009, while directing the matter to be posted to today, directed as follows: 1. The Registrar, NTR University of Health Sciences, in consultation with the Vice-Chairman and Managing Director, Sports Authority of Andhra Pradesh, is directed to issue notice in the newspapers, informing the students claiming admission under sports quota, to appear before the Sports Authority of Andhra Pradesh, on a day to be fixed by them. 2. The Vice-Chairman and Managing Director, Sports Authority of Andhra Pradesh, along with the representative of the NTR University of Health Sciences, to be named by the Registrar, NTR University of Health Sciences, shall verify the authenticity of the certificates issued in respect of sports/games at the State Level, by giving opportunity to the students, claiming admission under sports quota. 3. Insofar as the certificates issued in respect of sports/games held at the National/International Level, after taking the details from the students concerned, the Vice-Chairman and Managing Director, shall either depute an official or herself take the certificates to the Sports Authority of India, New Delhi, and the Joint Secretary (Sports) in the Ministry of Sports, Government of India, is directed to extend the necessary assistance and co-operation to the officials of the Sports Authority of Andhra Pradesh, verify and certify all the certificates, and furnish a report to the officials of the Sports Authority of Andhra Pradesh, by 18.09.2009, to enable them to assign rankings. 4. For the purpose of undertaking the above verification and certification, the NTR University of Health Sciences, is directed to submit all the sports/games certificates of the students claiming admission under the Sports quota, to the Vice-Chairman and Managing Director, Sports Authority of Andhra Pradesh. 5. After obtaining the report from the Sports Authority of India, the Vice-Chairman and Managing Director, shall assign the rankings, and submit the same to the NTR University of Health Sciences by 23.09.2009, to enable the NTR University of Health Sciences, to complete the process of admission under the sports quota by 30.09. 2009. Today, when the matter is taken up for consideration, the learned Standing Counsel appearing for the SAAP has produced Minutes of the meeting of the Admission Committee held on 19.09.2009. The minutes produced disclose that SAAP has rejected the three certificates submitted by the petitioner, namely (i) II Inland Sailing Championship in Access Class Competitions-2007 held from 15th to 18th December; (ii) State Sailing Championship Sailing Championship Competitions-2006, held from 15th to 17th February, 2006, and iii) Inter Zonal/Inter State Sailing Competitions-2008 held from 5th to 11th October, for the following reasons: “1) II Inland Sailing Championship Access Association of India held at Khammam, from 15th to 18th December, 2007. As per the letter of YAI Dt: 19th Aug.2009, it is stated a) “the YAI is the apex body for the sport of Yatching in India and it is the only authorized agency for issuance of certificates for participation in National Yatchning Events”. b) The Class Associations affiliated to YAI, conduct National Events after obtaining approval of the YAI. As regard, the II Inland Sailing Championship in Access Class Competitions 2007, the YAI is not aware about the conduct of the event and the event has not been authorized by the YAI.” The candidate has claimed priority 23 which means securing 1st place in Sr.National Championship. Whereas, it is obvious from the comments of the Yatching Association of India that this event is not a National Championship. In the letter Dt:31st Aug.2009 from Yatching Association of India to SAAP it is stated “National Access Class Association of India was granted affiliation under category 2 for period of one year w.e.f. 12th May, 2008”. This makes it amply clear that NACAI was not even granted affiliation by YAI on the date of the said event i.e., 15th to 18th Dec.2007. Further the letter of YAI states that “it is clarified that AP Yatching Association has never been granted affiliation to the YAI”. In light of the above SAAP is unable to consider the said certificate for giving priority. However the matter is sub judice. 2) Inter Zonal/Inter State Sailing Competitions 2008 from Oct.5th to Oct.11th held at Rushikonda, Visakhapatnam in women category. The Member from NTR University has advised SAAP not to consider any new certificates. And to re-verify only those certificates which submitted those certificates which submitted earlier (directly) to NTR University.” Across the Bar, the learned Standing Counsel for SAAP submitted that insofar as the second certificate, i.e, State Sailing Championship Sailing Championship Competitions-2006 is concerned, it was not considered since as per the guidelines issued in the G.O., the certificate should relate to an event, which has taken place three years prior to the date of claiming the benefit. But, however, no reason as such was recorded in the minutes by the Admission Committee, nor is there any whisper in that regard in the counter affidavit. At the hearing, the learned counsel for the petitioner submitted that after filing of the writ petition, the petitioner approached the Yatching Association of India, which through its letter, dated 29.08.2009, requested the National Access Class Association of India, to furnish all the details with regard to the participation of the petitioner in Inter Zonal/Inter State Sailing Competitions-2008 held from 5th to 11th October. Thereafter, when the petitioner addressed letter dated 22.09.2009 requesting Sports Authority of India to furnish information with respect to her participation, Sport Authority of India, addressed letter dated 24.09.2009 to the petitioner, stating as follows: “With reference to your letter dated 22.9.2009 regarding your participation in Inter State/Inter Zonal Sailing Competitions conducted by National Access Class Association of India during 2008 and 2009. The records of the above competition are not available with Sports Authority of India, since these events are Inter State/Inter Zonal, you are suggested to contact the Organizing Authority. Inter Zonal/Inter State competitions records are available with the respective Organizing Associations in your case you need to contact them”. The learned counsel for the petitioner brought to the notice of the Court the letter dated 14.09.2009 addressed by SAAP to National Access Class Association of India, to clarify about the participation of the petitioner in the event held at Khammam from 15th to 18th December, 2007, and pursuant to the same, the National Access Class Association of India, vide letter dated 17.09.2009 clarified to SAAP as follows: “I hereby clarify and confirm that 2nd Inland Sailing Championship in Access Class Competition–2009 was conducted at Wyra Lake, Khammam, Khammam District in Men/Women Category from 15th December to 18th December, 2007. Further, I state the above event is not a National Championship, it is an INTER STATE Championship conducted by National Access Class Association of India, National Access Class Association of India is affiliated to Inter National Access Class Association; our association is an autonomous body to conduct sailing competitions in access class in India. And the same is recognized event. Further I confirm that the certificate issued to B.Mounika in your reference, that she stood First in the above said event to that effect a certificate was issued to her in the year 2007 women category 203, S, by NACAI”. Upon hearing the counsel, what transpires is that confusion is writ large in the mind of SAAP as to whom they have to approach for verification of the certificates produced by the petitioner, and this confusion has been further aggravated by the addressing of letter dated 19.08.2009 by Yatching Association of India to SAAP. However, the learned counsel for the petitioner submits that Yatching Association of India is not the apex body, and that National Access Class Association, is an independent and autonomous body by Yatching Association of India’s Constitution. I am not inclined to go into this controversy, because the time of verification of the certificates is short as the admissions into MBBS/BDS course have to completed by end of 30.09.2009. The main endeavour of the Court, in passing interim orders, constituting a Committee, was to expedite the verification process of the games/sports certificates of the students by the said Committee and give rankings to eligible students, but this Court no where in its interim orders has directed the Committee not to consider any certificates produced by the students. The Committee was required to look into all the certificates which the students produce, verify their genuineness and assign rankings. This Court, while passing the interim order, has made it clear to the Vice Chairman and Managing Director of SAAP that if they find any difficulty in verifying the certificates, they have to approach the Court and seek clarifications by making a mention through their counsel, but unfortunately, they have not sought any clarifications, and in the instant case, SAAP on the objection raised by the representative of NTR University of Health Sciences, refused to consider the 3rd certificate produced by the petitioner, which she produced to substantiate her participation in the event, and by such action of the petitioner, the petitioner is likely to be deprived of consideration of her case for admission under sports quota. At this stage, the learned counsel for the petitioner submitted that having regard to the clarification made by the National Access Class Association of India, to SAP vide letter dated 17.09.2009, in respect of the 3rd certificate, he submitted that SAAP instead of rejecting all the certificates produced by the petitioner, ought to have at least considered the 3rd certificate, relating to participation of the petitioner in the Inter-Zonal/Inter-State Championship held at Vizag from 05.10.2008 to 11.10.2008, which was conducted under the empire-ship of Sri C.S. Pradipak, an Arjuna Award Winner and International Judge, and the action of SAAP in rejecting to consider the 3rd respondent on the objection raised by the representative of NTR University of Health Sciences, is not correct. Hence, he prayed that direction be given to SAAP to verify and consider the 3rd certificate produced by the petitioner, during the course of verification of certificates, in pursuance of the directions of this Court. In view of the above stand taken by the learned counsel for the petitioner and having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with the following directions: The Sports Authority of Andhra Pradesh shall consider the case of the petitioner after calling for the record available with the National Access Class Association of India, Hyderabad, in respect of the 3rd certificate produced by the petitioner, which certified participation of the petitioner in the Inter-Zonal/Inter-State Championship held at Vizag from 05.10.2008 to 11.10.2008, and after satisfying its genuineness or otherwise, shall assign appropriate priority to the petitioner before 29th September, 2009, to enable the petitioner attend the counselling. With the above directions, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J Dated: 25th September, 2009 VGB