IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 17544 of 2010(P) -------------------------------- PETITIONER(S): --------------- C.VENUKUMAR, AGED 56 YEARS, S/O.CHELLAPPAN PILLAI, "SHREE VISAKH",SNRA-8, INDIRA NAGAR, PEROORKADA P.O.,THIRUVANANTHAPURAM- 695005. BY ADVS. MR. R.MANOJ MRS.SINDHU MANOJ MRS.SUSAN MATHEW MR. N.S.RAVINDRANATHAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE COMMISSIONER TO ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001 3. THE SPORTS COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695001. ADV. PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN FOR R3 MR. P. NARAYANAN – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.17544 OF 2010 ------------------------------- Dated this the 23rd day of JUNE, 2010 J U D G M E N T The petitioner is the father of Kumari Aswathy V.S., who applied for admission to professional degree courses in Kerala this year. The petitioner claims that she is entitled to reservation under the sports quota. According to the petitioner, as per Clause 5.2 of the prospectus, only those persons who come within the rank of 7000 in the rank list prepared by the Commissioner for Entrance Examinations in the Common Entrance Test can be considered for reservation under the sports quota. The grievance of the petitioner in this writ petition is that three candidates, who secured rank above 7000 have been included in the rank list for sports quota, which is against the provisions of the prospectus. The petitioner has submitted Ext.P6 application before the second respondent. Finding no response, the petitioner has filed this writ petition seeking the following reliefs: “(i)issue a writ of mandamus or any other appropriate W.P.(c)No.17544/10 2 writ, direction or order commanding the 2nd respondent to modify Ext.P5 rank list by deleting candidates who have not secured the minimum rank of 7000 as stipulated in clause 5.2 of the Prospectus for Admission to Professional Degree Course, 2010. Or in the alternative (ii)issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to consider and pass orders on Ext.P6 complaint of the petitioner, with notice to affected parties, before finalizing the rank list for sports quota reservation for MBBS/BDS Course”. 2. I have heard the learned Government Pleader also. The learned Government Pleader on instructions submits that the figure 7000 shown in the prospectus is only as an example. Candidates who come within a rank of 7 times the number of seats available would be considered for admission in the sports quota is the stipulation, according to him. If the total number of seats available for admission is thousand then in the sports quota, those candidates who come below the rank of 7000 would be considered in the sports quota. But this year, the total number of seats available are 3000 and therefore, the candidates coming within the rank of 21,000 are eligible to be considered for admission in the sports quota is the contention raised. 3. After hearing both sides, I am satisfied that the W.P.(c)No.17544/10 3 Government Pleader is correct in his submission. The figure 7000 shown in the prospectus is only illustrative. It is clear that for sports quota seven times the number of seats is the figure to be adopted. Since the number of seats available is 3000, any candidate coming within the rank of 21,000 is eligible to be considered in the sports quota. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.17544/10 4 W.P.(c)No.17544/10 5