IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 19411 of 2011(B) -------------------------- PETITIONER(S): ------------------------ ABDUL RASHID.K.V., S/O.IBRAHIM.K.V., AGED 22 YEARS, KIZHAKKE VAILANKARA, THALAPPERUMANNA, KARUVANPOYIL P.O., CALICUT DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): ------------------------ 1. COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, COCHIN UNIVESITY.P.O., KOCHI-682 022. 2. KERALA STATE SPORTS COUNCIL, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.K.S.MOHAMMED HASHIM,SC,CUSAT,COCHIN FOR R1 SRI.PIRAPPANAMCODE V.S.SUDHEER, SC, SPORTS COUNCIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19411/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF MERIT DATED 3.2.11 ISSUED BY THE CALICUT UNIVERSITY. EXT.P2: TRUE COPY OF THE CERITIFICATE OF MERIT DT 19.4.2010 ISSUED BY THE CALICUT UNIVERSITY. EXT.P3: TRUE COPY OF THE RELEVANT PAGE OF THE RANK LIST. EXT.P4: TRUE COPY OF THE RELEVANT PAGES OF THE NORMS FOR SPORTS QUOTA ADMISSIONS DATED 1.7.2003 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P5: TRUE COPY OF THE RELEVANT PAGES OF THE NORMS FOR SPORTS QUOTA ADMISSIONS, ISSUED BY THE UNIVERSITY OF KERALA. EXT.P6: TRUE COPY OF THE RELEVANT PAGES OF THE NORMS FOR SPORTS QUOTA ADMISSIONS ISSUED BY THE MAHATMA GANDHI UNIVERSITY. EXT.P7: TRUE COPY OF THE RELEVANT PAGE OF THE NORMS PUBLISHED IN THE WEBSITE OF THE P.S.C. EXT.P8: TRUE COPY OF THE RELEVANT PAGES OF the NORMS OF 1ST RESPONDENT. EXT.P9: TRUE COPY OF THE REPRESENTATION DATED 14.5.1 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DT 16.5.11. EXT.P11: TRUE COPY OF THE REPRESENTATION DTD.7.7.11 BEFORE THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19411 OF 2011 ===================== Dated this the 2nd day of August, 2011 J U D G M E N T Petitioner is an aspirant for MBA admission in the sports quota. According to the petitioner, Exts.P1 and P2 show that he represented the University in sports meets. It is also his case that by Ext.P10, the 2nd respondent recommended his case for admission in the sports quota. However, in view of the provision in Ext.P8 prospectus stating that for sports quota admissions, the achievements of a student only at the school level will be reckoned, petitioner is denied the benefit of admission. He says that, even Exts.P9 and P11 representations made by him claiming admission were not responded. It is therefore the writ petition has been filed with the following prayers. “(i) to call for the records leading to Exts.P1 to P11 and to issue a writ of mandamus declaring that the original of Ext.P8 norms shall be read modified to include that university representation in inter university events shall be a criterion for eligibility under sports quota admission to MBA course. (ii) to issue a writ order commanding respondent No.1 to admit the petitioner to the MBA course under sports quota for the academic year 2011-12. (iii) to issue a writ or order commanding the respondent No.2 to issue necessary certificate WPC No. 19411/11 :2 : allotting marks to the petitioner to enable him to secure admission in the 1st respondent University”. 2. University has filed a statement, para 3 of which reads as under:- “3. It is humbly submitted that admissions under sports quota are supernumery and hence it can only be considered as over and above the sanctioned seat capacity of the course. The seat for sports quota is created only when a bonafide candidate who met with the minimum qualification to be considered under sports quota are selected for admission. Further as per the existing norms a candidate for admission under sports quota are required to represent the Educational District/Sports School/Sports Hostel in the Kerala State Championship and winning 3rd place and there is no limit to the maximum achievement. In fact the petitioner has not won even 3rd place in the competitions he had participated and hence he cannot be given any consideration for the event he has claim the benefits. Even if the achievements at the University Level are to be considered, he has to win atleast a 3rd place in the event. The certificate produced by him is only a participation certificate in the south west zone inter university championship and therefore the petitioner is not at all eligible for grace mark as provided in the norms published by the Sports Council. Further the Sports Council has not awarded any grace marks to the petitioner as per the norms and has not forwarded a list to the 1st respondent University for considering under Sports Quota”. 3. The norms for admission to provisional courses, which is adopted by the Sports Council were also made available before me. A reading of the guidelines shows that, to claim the benefit WPC No. 19411/11 :3 : of admission in the sports quota, the claimant should achieve atleast third prize in a competition. Admittedly, the petitioner does not have such a claim. On the other hand, all that he says is that he had represented Universities in sports meets. 4. Therefore, as rightly contended by the University, even if the University is ordered to reckon the University level achievements of the petitioner, even in that case, the petitioner will not be eligible for the reason that the Sports Council norms do not enable him to claim the benefit since he has not won any prize in the sports meet. Therefore, the first prayer sought by the petitioner does not arise for consideration as it will not be of any benefit to him. Consequently, the question of directing the University to admit the petitioner also does not arise. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp