IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.P(C).No. 7223 of 2008(I) --------------------------------- PETITIONER: -------------- NUJUMUDEEN M., AGED 43 YEARS, S/O. MUHAMMED KUNJU, CHERUKUNNATHU, KANNAMPALLY BHAGOM, KAYAMKULAM-690502. BY ADV. SRI.A.SHAFEEK SRI.M.A.ABDUL HAKHIM RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM, PIN-695001. 3. KERALA STATE SPORTS COUNCIL, REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI.I.V. PRAMOD ADV. SRI. PIRAPPANCODE V. SUDHEER, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 7223 OF 2008 I ==================== Dated this the 10th day of March, 2008 J U D G M E N T The prayer sought for in this writ petition is to declare that the petitioner's son Sri.Jubin N.M. is entitled to get eligibility certificate from the 3rd respondent to apply under Sports Quota for entrance examination for the year 2008 conducted by the 2nd respondent. Petitioner also seeks a direction to the 3rd respondent to issue eligibility certificate to the son of the petitioner. 2. According to the learned counsel for the petitioner, since the admission is for 2008, going by the prospectus published by the 2nd respondent, the achievements for two financial years previous to the year of selection shall alone be considered. Learned counsel would submit that since the year of selection is 2007-08, the achievements of an applicant for the years 2006-07 and 2005-06 should be reckoned. On this basis, it is argued that the petitioner's son having achieved eligibility by WPC 7223/08 :2 : virtue of a certificate dated 30/5/2005, is entitled to apply under the sports quota. 3. I am afraid I cannot accept the contention now raised by the learned counsel. In the prospectus, the relevant clause reads as under. “The achievements in two financial years (1st April to 31st March) previous to the year of selection shall alone be considered”. In this case, selection is for the year 2008-09. If that be so, in my view the achievements of the candidates for the immediate preceding two financial years alone can be reckoned. Thus the achievements of 2007-08 and 2006-07 alone are of relevance in this case. Since the petitioner's son's certificate is of 30/5/2005, which is beyond the two financial years previous to the year of selection, the refusal of 3rd respondent to issue the certificate as sought for by the petitioner cannot be faulted. Writ petition fails and is dismissed. ANTONY DOMINIC,JUDGE. Rp