IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 23973 of 2009(N) ----------------------------------------- PETITIONER(S): ---------------------- JAISE GEORGE, AGED 18, D/O. GEORGE SEBASTIAN, KARIMATTATHIL HOUSE, KALVARI MOUNT P.O., IDUKKI DISTRICT. BY ADV. MR.PRAVEEN K. JOY RESPONDENT(S): ------------------------- 1. THE SECRETARY, MINISTRY OF SPORTS, SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE SPORTS COUNCIL, TRIVANDRUM, REP.BY SECRETARY. 3. THE PRINCIPAL, GOVT. NURSING SCHOOL, MUTTAM, IDUKKI DISTRICT. 4. ANN TREASA VARGHESE, D/O. VARGHESE, AAVIMOOTTIL HOUSE, KALVARI MOUNT P.O., IDUKKI DISTRICT. R1 BY GOVT. PLEADER MR.P.NARAYANAN R2 BY ADV.MR PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN R4 BY ADVS.MR.JOHNSON P.JOHN, MR.RAJU SEBASTIAN VADAKKEKKARA . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23973/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MERIT CERTIFICATE ISSUED BY THE DIRECTOR GENERAL , SPORTS AUTHORITY OF INDIA. P2:- COPY OF THE RELEVANT PAGES OF THE NORMS FOR SELECTION OF CANDIDATES FOR ADMISSION TWO PROFESSIONAL COURSES UNDER SPORTS QUOTA. P3:- COPY OF THE PARTICIPATION CERTIFICATE ISSUED BY DIRECTOR GENERAL, SPORTS AUTHORITY OF INDIA. P4:- COPY OF THE MERIT CERTIFICATE ISSUED BY KERALA STATE ATHLETIC ASSOCIATION. P5:- COPY OF THE ELIGIBILITY CERTIFICATE DTD. 18.6.09 ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE APPEAL/ PETITION BEFORE IST RESPONDENT. P7:- COPY OF THE APPLICATION BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE PROSPECTUS FOR ADMISSION TO GENERAL NURSING COURSE. R2(b):- COPY OF THE NORMS PRESCRIBED BY KERALA SPORTS COUNCIL FOR ADMISSION TO THE EDUCATIONAL INSTITUTIONS INCLUDING FOR GENERAL NURSING COURSE. R2(c):- COPY OF THE LIST OF THE STATE SPORTS ASSOCIATION RECOGNIZED BY THE KERALA STATE SPORTS COUNCIL. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23973 OF 2009 -------------------------- Dated this the 9th day of October, 2009 J U D G M E N T Heard Sri. Praveen K.Joy, the learned counsel appearing for the petitioner, Sri. P.Narayanan, the learned Government Pleader appearing for respondents 1 and 3, Sri. Pirappancode V.S.Sudheer, the learned standing counsel appearing for the second respondent and Sri. Raju Sebastian Vadakkekkara, the learned counsel appearing for the fourth respondent. 2. The petitioner participated in the 34th National Sports Festival for Women conducted at Hamirpur (Himachal Pradesh) from December 26 to 29, 2008, representing State of Kerala and had secured first position in the 4x400 meters relay. Ext.P1 is the certificate issued to her in that regard. The 34th National Sports Festival for Women was conducted by the Sports Authority of India. The fourth respondent participated in the 23rd National Junior Athletics Championship conducted by the Athletics Federation of India at Vijayawada from 24.11.2007 to 27.11.2007. The petitioner and the fourth respondent were applicants for admission to the General Nursing and Midwifery Course 2009 in Idukki district. The W.P.(C) No. 23973/09 2 petitioner was awarded 33 marks as grace marks for participation in the National Sports Festival for Women and securing first place. The fourth respondent was awarded 40 marks for participating in the National Junior Athletics Championship. It is not in dispute that in Idukki district only one seat in the General Nursing and Midwifery course is reserved for being filled up under the sports quota. The dispute in this writ petition is whether it is the petitioner or the fourth respondent who has a better claim for admission to the said seat. 3. The petitioner claims that as she secured first place in the 34th National Sports Festival for Women held by the Sports Authority of India in December, 2008, she is entitled to be awarded 60 marks as she had represented the State of Kerala in the National Sports Festival for Women. The fourth respondent contends that as she represented the Kerala State in the National Junior Athletics Championship conducted by the Athletics Federation of India, she is entitled to and was rightly awarded 40 marks. The Kerala State Sports Council has in its affidavit pointed out that the 34th National Sports Festival for Women conducted by the Sports Authority of India cannot be equated with the National Championship conducted by the W.P.(C) No. 23973/09 3 Athletics Federation of India and therefore the petitioner is entitled only to 33 marks. Relying on Ext.R2(b) norms it is contended that National Championship should be one conducted by the Apex body of the concerned discipline. The sports council contends that as the petitioner participated in the National Sports Festival for Women conducted by the Sports Authority of India, it cannot be stated that she had participated in a National Sports Festival conducted by the Athletics Federation of India and therefore she cannot be awarded 60 marks, as claimed by her. The second respondent also contends that the fourth respondent who had participated in the National Junior Athletics Championship conducted by the Athletics Federation of India was rightly given 40 marks. 4. I have considered the submission made at the Bar by the learned counsel appearing on either side. It is evident from Ext.P1 certificate that the National Sports Festival in which the petitioner participated and secured the first place in 4x400 meters relay along with three other participants, was not one conducted by the Athletics Federation of India. On the other hand the fourth respondent participated in the National Junior Athletics Championship conducted W.P.(C) No. 23973/09 4 by the Athletics Federation of India. Since the meet in which the petitioner participated and won the first place was not a national championship conducted by the apex body in Athletics, namely the Athletics Federation of India, the petitioner cannot claim that she is entitled to 60 marks as grace marks. I am therefore of the opinion that the petitioner is entitled only to 33 marks as granted by the Kerala Sports Council. In such circumstances, I find no merit in the claim made by the petitioner in Ext.P6. Though the only relief prayed for in this writ petition is for a direction to the Government to consider Ext.P6 and pass orders thereon, in the nature of the dispute and in view of the fact that classes have already commenced, I am of the opinion that no purpose will be served by directing the Government to consider Ext.P6 and pass orders thereon. In these circumstances, the writ petition fails and is dismissed. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 23973/09 5