IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 16287 of 2011(I) --------------------------------- PETITIONER(S): -------------------- MIDHUN BABU (MINAOR), REPRESENTED BY HIS MOTHER BEENA B.PILLAI, MULLAKKAL SREELAKSHMI, INCHAVILA.P.O., PERINAD, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE REPRESENTED BY THE SECRETARY,EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SECRETARY, SPORTS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. THE SECRETARY, KERALA SPORTS COUNCIL, THIRUVANANTHAPURAM-691013. 4. THE DIRECTOR, OFFICE OF THE HIGHER SECONDARY EDUCATION DIRECTOR, HOUSING BOARDBUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 5. DISTRICT SPORTS COUNCIL, KOLLAM-691013. 6. THE DISTRICT COLLECTOR,KOLLAM-691013. 7. THE PRINCIPAL ST. ALOSYSIOUS SCHOOL, KOLLAM-691013. 8. SRI. BABY PAUL, PHYSICAL EDUCATION TEACHER, ST. ALOSYSIOUS SCHOOL,KOLLAM-691013. 9. JERRY JERMIAS, FIRST RANK HOLDER IN THE SPORTS QUOTA FOR ADMISSION TO THE HIGHER SECONDARY, ST.ALOSYSUOUS SCHOOL,KOLLAM-691013. R1, R2, R4, R6 BY GOVT.PLEADER SMT.NISHA BOSE R3,5 BY ADV.PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN R7 BY ADV. SMT.S.KARTHIKA R8 BY ADV. SRI.V.PREMCHAND R9 BY ADV. SRI.M.L.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16287/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITIONER'S BIRTH CERTIFICATE. P2: COPY OF THE STATEMENT OF MARKS AND PASS CERTIFCATE OF THE PETITIONER. P3: COPY OF THE CERTIFCATE SHOWING WEIGHTAGE OF MARKS FOR PARTICIPATION IN NCC. P4: COPIES OF THE THREE CERTIFICATE SHOWING THE PERFORMANCE IN THE XXVIII STATE ATHLETIC MEET 2010 CONDUCTED BY THE ALL KERALA ASSOCIATION OF ICSE/ISC SCHOOLS. P5: COPY OF THE PARTICIPATION CERTIFICATE ISSUED BY THE KERALA BASKETBALL ASSOCIATION DATED 21/04/2009. P6: COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KOLLAM REVENUE DISTRICT SCHOOL'S GAMES ASSOCIATION DATED 15/09/2009. P7: COPY OF THE MERIT CERTIFICATE ISSUED BY THE SUB DISTRICT SCHOOL SPORTS AND GAMES ASSOCIATION, KOLLAM DATED 25/01/1994. P8: COPY OF THE MERIT CERTIFICATE ISSUED BY THE SUB DISTRICT SCHOOL SPORT AND GAMES ASSOCIATION, KOLLAM. P9: COPY OF THE CIRCULAR DATED 23/05/2011. P10: COPY OF THE RELEVANT PORTION OF THE PROSPECTUS. P11: COPY OF THE RANK LIST OF THE CANDIDATES ELIGIBLE FOR ADMISSION UNDER THE SPORTS QUOTA AS RECOMMENDED BY THE 5TH RESPONDENT DISTRICT IN ST.ALOYSIUS HSS KOLLAM. P12: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 6TH RESPONDENT DISTRICT COLLECTOR DATED 09/06/2011. P13: COPIES OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4 DATED 13/06/2011. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE NORMS FOR ADMISSION TO THE EDUCATIONAL INSTITUTIONS, PUBLISHED BY THE KERALA STATE SPORTS COUNCIL. R5(b):COPY OF THE GOVERNMENT ORDER DATED 27/05/2011 R7(a):COPY OF THE APPLICATION FORM OF THE 9TH RESPONDENT WITH OFFICE ENDORSEMENTS. /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16287/2011-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of July, 2011 J U D G M E N T The petitioner has filed this writ petition challenging the assignment of the marks by the Kerala Sports Council for admission to the Educational Institutions under the sports quota. He is aggrieved by the admission granted to the ninth respondent herein to the Plus-I course in St.Alosysious Higher Secondary School, Kollam. 2. The case of the petitioner in short is that he had studied in Infant Jesus A.I. Higher Secondary School, Tangassery, Kollam and passed the Std.X examination conducted in March 2011. Exts.P3 to P8 are the certificates showing his participation in various sports events of Amateur Athletic Association meet and at Sub District School level. Accordingly it is contended that he was eligible for admission under sports quota to Plus-I course and he preferred St.Alosysious Higher Secondary School, an aided school under the control of the State and Managed by Kollam Bishop. W.P.(C).No.16287/2011 -:2:- 3. It is the case of the petitioner that the ninth respondent was unduly favoured in the matter of granting admission. 4. The Kerala State Sports Council and the District Sports Council, namely, respondent Nos.3 and 5 has filed a statement. The seventh and eighth respondents have filed separate counter affidavits. First I will refer to the details contained in the statement filed on behalf of respondent Nos.3 and 5. Learned Standing Counsel for the Sports Council also produced before me for perusal the documents leading to the award of marks to the ninth respondent as well as the petitioner. The ninth respondent was awarded 29 marks and the petitioner 22.5 marks. Ext.R5(a) contains the norms for selection of candidates for admission to the educational institutions, prescribed by the Kerala State Sports Council under Sports Quota. It contains the order of priority for selection of candidates to the educational institutions. As far as the ninth respondent is concerned, it is pointed out that he is covered by priority No.80 viz. “for W.P.(C).No.16287/2011 -:3:- representing State in National PYKKA Competition/National Inter School Tournament” and the marks allowable are 29. As far as the petitioner is concerned, the priority applicable is 88 “for representing District in Inter District Championships for Juniors/Youth” and the marks allowable are 22.5. Going by the certificates produced by the learned Standing Counsel, it is seen that the ninth respondent had participated in the 13th National Athletic Meet between 8th to 10th November, 2009 in the S.D.A H.S.S, Ahamedabad representing Kerala. The event was discus throw. 5. Evidently, his participation in the National Athletic Meet enabled him to gain 29 marks. In that view of the matter, he is covered by priority 80, and therefore no invalidity can be attached to the admission granted to the ninth respondent. Hence, I do not find any reason to interfere with the admission granted to the ninth respondent. Apart from that the petitioner's marks are only 22.5 under item No.88 less W.P.(C).No.16287/2011 -:4:- than that of the ninth respondent. Therefore, the writ petition is dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms