W.P.(C). Nos. 15579 & 25005 of 2023 (Brijit Joseph v. State of Kerala & Others)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** ## **THURSDAY, THE 25[TH] DAY OF AUGUST 2023 / 2ND BHADRA, 1945 WP(C) NO. 25005 OF 2023** ## **PETITIONERS:** - 1 ABHINANDLAL, AGED 19 YEARS S/O. B.S. MANILAL, SARASWATHI BHAVAN, NJARACKAL, PERINAD P.O., KOLLAM DISTRICT, PIN - 691601 - 2 NIRANJANA, AGED 18 YEARS D/O. DILEEP, RAJEEV VIHAR GRA 254, GOWREESHAPATTOM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 - 3 GAUTHAM KISHOR, AGED 19 YEAR S/O. DR. KISHOR, THARAYIL HOUSE, KOTTAPURAM P.O., KODUGALLOOR, THRISSUR DISTRICT, PIN - 680667 BY ADVS.SUNIL V.MOHAMMEDMANOJ N.P.KULUSUAJITHA APPUTOM PIOUS ## **RESPONDENTS:** - 1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 - 2 KERALA STATE SPORTS COUNCIL, STATUE, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY, PIN - 695001 - 3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS5TH FLOOR, KSHB BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001 - 4 VASUDEVAN DEEPAKS/O. DEEPAK, 15, SHIVA, PUTHIYARA, KOZHIKODE DISTRICT, PIN - 673004 - 5 ANU SYNA S.D/O. SHAHIR V.K., 'RHYTHAM', NEYTHKULANGARA, CHEVAYUR, KOZHIKODE DISTRICT, PIN - 673017 - 6 BRIJIT JOSEPHD/O. JOSEPH, THOONUMKAL HOUSE, EZHACHERY P.O., KOTTAYAM-686 651., PIN - 686651 BY ADVS.ADVOCATE GENERAL OFFICE KERALA P.SANJAY SOJAN JAMESK.C.VINCENTSRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP50)A.PARVATHI MENON(K/000268/1991)INDIRA.K.P.(K/000085/1984)KIRAN NARAYANAN(K/000131/2018)RAHUL RAJ P.(K/547/2020)E.S.BEENA(B-118) STANDING COUNSEL SMT.LATHA ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.08.2023, ALONG WITH WP(C).15579/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **W.P.(C).Nos.15579 & 25005 of 2023 2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 25[TH] DAY OF AUGUST 2023 / 2ND BHADRA, 1945 WP(C) NO. 15579 OF 2023** ## **PETITIONER:** BRIJIT JOSEPHAGED 19 YEARS, D/O JOSEPH, THOONUMKAL HOUSE, EZHACHERY P.O., KOTTAYAM, PIN - 686651 BY ADV K.C.VINCENT ## **RESPONDENTS:** - 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 - 2 KERALA STATE SPORTS COUNCIL STATUE, THIRUVANAN6THAPURAM, KERALA , REPRESENTED BY ITS SECRETARY, PIN - 695001 - 3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS 5TH FLOOR, K.S.H.B. BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001 - 4 SPORTS AUTHORITY OF INDIA KARYAVATTOM P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695581 - 5 ADDL.R5 AMARNATH,S/O ANOOP KALLATH, AGED 18 YEARS, PAVITHRAM, NADAKKAVU, UDINUR, KASARGODE-671310. - 6 ADDL.R6 GAUTHAM KISOR,S/O DR.KISTOR, AGED 19 YEARS, THARAYIL HOUSE, KOTTAPURAM P.O., KODUNGALLOR, THRISSUR680667. - 7 ADDL.R7 NIRANJANA, D/O DILEEP, AGED 18 YEARS, RAJEEV VIHAR GRE 254, GOWREESHAPATTOM, PATTOM, THIRUVANANTHAPURAM680667. - 8 ADDL.R8 ABHINANDIAL,S/O B.S. MANILAL, AGED 19 YEARS, SARASWATHY BHAVAN, NJARACKAL, PERIPAD P.O., KOLLAM-691601. [ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER DATED 09.08.2023 IN I.A-5/2023 IN WP(C) 15579/2023] BY ADVS. ADVOCATE GENERAL OFFICE KERALA LATHA ANAND SUNIL V.MOHAMMED SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)TOM PIOUS MANOJ N. ## STANDING COUNSEL SMT.LATHA ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.08.2023, ALONG WITH WP(C).25005/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **W.P.(C).Nos.15579 & 25005 of 2023 3** ## **VIJU ABRAHAM,J** **----------------------W.P.(C).Nos.15579 & 25005 of 2023 ------------------------------------Dated this the 25[th] day of August, 2023** ## **JUDGMENT** WP(C) No.15579 of 2023 The above writ petition is filed seeking to quash Annexure XVIII(ii) of Ext.P7 to the extent it excludes the players of the 4[th] respondent for awarding marks based on their participation in the National championships. 2. Petitioner had completed her Plus Two course with meritorious performance during March, 2022, as is evident from Ext.P1 mark list published by the Board of Higher Secondary Examinations, Government of Kerala. Petitioner was a student of MVHSS, Thundathil from 9[th] standard onwards, in view of her selection as Trainee in Volley Ball by Sports Authority of India was staying at SAI Hostel at Karyavattom, Thiruvananthapuram and completed plus two course in 2022. Petitioner was a member of the ## **W.P.(C).Nos.15579 & 25005 of 2023 4** Junior Girls Volleyball team which secured 3[rd] position in the State School Games Championship 2019-2020, as is evident from Ext.P2. Likewise, the petitioner also participated in the State Sub Junior Volleyball Championship held in October 2019, as is evident from Ext.P3 certificate of participation. Petitioner while in her higher secondary school participated in the 47[th] Junior National Volleyball Championship Boys and Girls held at Burdwan West Bengal as a player of Sports Authority of India, as is evident from Ext.P4, true copy of the souvenir certifying her participation in the said tournament. Petitioner after successful completion of her higher secondary examination wanted to join for MBBS, appeared in the NEET examination in the last year and approached the 3[rd] respondent with a claim for reservation under the sports quota but the claim was not acceded to. As her performance in NEET was not exceptional, she was not selected for admission during last year. The petitioner submits that she could not prepare ## **W.P.(C).Nos.15579 & 25005 of 2023 5** enough for the NEET examination due to lack of time in the midst of coaching and competitions in volleyball. After preparing hard, she appeared for NEET examination on 7.5.2023, as is evident from Ext.P5 application form. The petitioner opted for reservation under sports quota and also submitted Ext.P6 application before the 2[nd] respondent for allotment of marks after evaluating her proficiency in sports. The scheme of reservation, eligibility, procedure, etc., as provided in Ext.P7 prospectus for admission to professional degree courses published by the Government of India applicable for the year 2023. Petitioner submits that she is eligible for reservation under the sports quota in view of her participation in the 47[th] National Junior Volleyball championship for boys and girls held at Burdwan West Bengal. Petitioner submits that since she has participated in a team event is eligible for 57 marks which is serial No.44 in Annexure- XVIII(ii) of Ext.P7 prospectus. Petitioner reliably learnt that the 2[nd] respondent ## **W.P.(C).Nos.15579 & 25005 of 2023 6** will reject the claim of the petitioner for reservation under priority No.44 stating that those representing the State in the National Championship for Junior Youth do not include the players representing the 4[th] respondent Sports Authority of India. Petitioner submits that even the State teams as well as the team of SAI, the 4[th] respondent herein, were given equal status at the National Championship held during December 2021 and all the players, who participated in the national championship either before the State, SAI or under any other jersey were treated as equals and shall not be discriminated based on the name of the team or colour of the jersey represented. It is in the said circumstance, that the petitioner has approached this Court. 3. When the matter came up for consideration before this Court earlier, this Court as per order dated 26.6.2023 directed the 2[nd] respondent, Sports Council of India to scrutinize the certificates submitted by the petitioner and forward the name of ## **W.P.(C).Nos.15579 & 25005 of 2023 7** the petitioner also, if she is found eligible after scrutiny, strictly on a provisional basis. It was made clear in the order that the said direction is issued only to determine whether the petitioner will come within the zone of consideration for admission under the sports quota for any of the professional courses applied for by the petitioner and that the petitioner cannot claim any benefit for the reason that her name is forwarded by the 2[nd] respondent and the same will be subject to further orders by this Court. This Court as per the order dated 24.7.2023 issued further direction to the 3[rd] respondent to take necessary steps to include the petitioner provisionally in the list under the category of sports quota based on the merit of the petitioner as forwarded by the 2[nd] respondent. In the said order also it was made clear that inclusion of the petitioner in the said list will be strictly provisional, subject to the final orders to be passed in the writ petition. 4. A detailed counter affidavit has been filed ## **W.P.(C).Nos.15579 & 25005 of 2023 8** by the 1[st] respondent Government contending on the strength of Section 31(1A) Clause (ix) of the Kerala Sports Act, 2000 that only the certificates issued to the winners and participants of State level competitions conducted by recognized State Sports Organizations which are countersigned by the observer and nominated by the State Sports Council shall be considered for awarding grace marks to sports persons and further submits that the Kerala Sports Act provides for a system of stringent selection process from the District level to the State level to select competent sports persons for participating in the National Championships in the respective sports items. But in the case of Sports Authority of India they allow candidates to participate in the National Championships conducted by them, bypassing all the above-mentioned selection process, and the National championship in which the petitioner had participated is one of such sports events. On the basis of the same, it is submitted that the certificates produced by the ## **W.P.(C).Nos.15579 & 25005 of 2023 9** petitioner will not come under the criteria mentioned in Section 31(1A) Caluse (ix) of the Kerala Sports Act and G.O.(Rt) No.42/2020/S&YA dated 10.2.2020. It is further contended that in order to promote Sports, the Government of Kerala has provided the Sports Quota appointment in Government Organizations and also Sports Quota admissions to Institutions of Higher Education in Kerala for promoting and supporting the sports personnel who have represented Kerala State and participated and won achievements in the National and International Sports event, which cannot be extended to a person who have represented any other State or Sports Authority of India or any other organisation in such events. On the basis of the same, the 1[st] respondent sought for dismissal of the writ petition. 5. The Kerala State Sports Council, the 2[nd] respondent has also filed a detailed counter affidavit in which also the provisions of Section 31(1A)(ix) of Kerala Sports Act, 2000 was relied on ## **W.P.(C).Nos.15579 & 25005 of 2023 10** and contended that as per the said provision, only the participants selected by recognized sports organizations in Kerala shall be considered for grace marks. Therefore, the petitioner is not entitled for reservation provided for sports personnels who have represented the State in various level of competition. 6. The petitioners in WP(C) No.25005/2023 got themselves impleaded as additional respondents 5 to 7 in this writ petition and opposed the reliefs sought for by the petitioner. 7. Petitioner submits that pursuant to the interim order passed by this Court petitioner got allotment at Government Medical College at Trichur, being in the 3[rd] position in the order of preference, on a provisional basis. WP(C) No.25005 of 2023 8. The above writ petition is filed by the respondents 6 to 8 in WP(C)No.15579 of 2023. The above writ petition is filed seeking to quash Exts.P3, P5 and P12 and for a consequential ## **W.P.(C).Nos.15579 & 25005 of 2023 11** direction to respondents 2 and 3 to redo Exts.P3, P5 and P12 by excluding ineligible candidates and avoid inclusion of the said candidates in both individual and Team Category strictly in accordance with the norms in Ext.P1 and taking note of Exts.P6 and P8 judgments within a time frame, at any rate before the commencement of allotment process for admission to MBBS Course 2023-2024 based on Ext.P1. Petitioner has also sought for other consequential reliefs. 9. On the basis of Ext.P1 prospectus, the 2[nd] respondent published the final priority list of Sports Quota for admission to MBBS for individual events as per Ext.P2 list and by Ext.P3 final priority rank list of sports quota for admission to team event was also published. Petitioners have merit certificates coming under Priority No.62 (39 marks), Priority No.59 (42 marks) and Priority No.43(58 marks), respectively in Annexure-XVIII(ii) attached to Ext.P1. In Exts.P2 and P3 lists, the 4[th] and 5[th] respondents are seen included. Petitioners ## **W.P.(C).Nos.15579 & 25005 of 2023 12** submit that going by the minimum eligibility norms in Ext.P1, when a candidate has a number of achievements in different disciplines, the best achievement will only be taken into consideration and while preparing the priority list, individual achievements will be ranked above team achievements. The 4[th] respondent is given priority No.49 (59 marks) and the 5[th] respondent is priority No.41 (60 marks) as per Annexure XVIII(ii) in Ext.P1 in both Exts.P2 and P3 lists. The contention of the petitioners that they ought to have been included only in Ext.P2 individual event list going by the minimum eligibility norms in Ext.P1, it is illegal to include the 4[th] and 5[th] respondents in both individual and Team event lists. Petitioners submit that in view of the said illegality committed, the prospectus of the petitioner to get admission from Ext.P3 list for team event is affected. Pointing out all the illegalities petitioners have preferred Ext.P4 representation before the 3[rd] respondent. Thereafter, the 3[rd] **W.P.(C).Nos.15579 & 25005 of 2023 13** respondent published a separate Provisional Category Rank list of individual and team events as per Ext.P5 and in Ext.P5 respondents Nos. 4 and 5 are ranked 1[st] and 2[nd] for both individual and team category which according to the petitioners are overlooking the norms in Ext.P1. The petitioners further contend that 4[th] and 5[th] respondents should be included only in Ext.P2 and Ext.P5 individual list/category and contend that the merit claimed by respondents 4 and 5 is in the game of shooting and in the game of shooting, individual scores of the participant are considered even when the participant competes in team event. This aspect was considered by this Court in Exts.P6 judgment in WA No.1757 of 2019. As regards the 6[th] respondent is concerned she has not found a place in Ext.P3 being ineligible as she did not hold the requisite merit in any of the priorities in Annexure XVIII(ii) in Ext.P1. The merit claimed by the 6[th] respondent is representing SAI in Junior Nationals held by the Volleyball Federation of India and she has been ## **W.P.(C).Nos.15579 & 25005 of 2023 14** included in Ext.P5 in team category granting her priority No.44 in Annexure XVIII(ii). It is the contention of the petitioner that the Volleyball Federation of India has been de-recognized by the Ministry of Youth affairs and Sports from 25.6.2020 and its State Association is suspended by the 2[nd] respondent for the said reason, as is evident from Ext.P8. Participating for Sports Authority of India is not representing State, National or University team. Exts.P9 to P11 are the objections preferred by the petitioners. Now the final category ranked list is published by the 3[rd] respondent and in Ext.P12, in both in team events, respondents 4 and 5 are included as ranked Nos.1 and 2 and the 6[th] respondent is also included in Ext.P5 final ranked list of team events for admission of Sports quota for MBBS. In Ext.P12 the petitioners are ranked 8, 7 and 6 respectively in team category and respondents 4 to 6 are ranked 1 and 2 respectively, in both individual and team category and the 6[th] respondent is ranked 4 in team category in Ext.P12 ## **W.P.(C).Nos.15579 & 25005 of 2023 15** due to the wrong inclusion of ineligible candidates as well as non-compliance of the norms while including candidates, the petitioners are highly prejudiced as their chances to get admission under Sports Quota stands reduced. 10. A detailed counter affidavit has been filed by the 2[nd] respondent contending that as Kerala Sports Council is a statutory body formed as per Kerala Sports Act 2000 they are bound to follow the Government guidelines in each and every action it performs. It is submitted that as per Ext.P1 prospectus, the Sports Council is entrusted with a duty to allot marks to the candidates as per the proficiency in sports, in the light of Annexure XVIII(ii). The prospectus mandates that the mark list of candidates under individual events and team events should be prepared separately and forwarded to the Commissioner of Entrance Examination. This means that this respondent is required to prepare a separate list for individual and team events, including all eligible-candidates, even if they ## **W.P.(C).Nos.15579 & 25005 of 2023 16** find a place in both the lists. Clause 8(c) of the note to Annexure XVIII(ii) is not applicable in the present case, as it is confined only to a situation where there is a tie. The conditions and criteria fixed by the KEAM prospectus were fully complied by the State Sports Council before forwarding the list of eligible candidates for sports quota admission to the Commissioner of Entrance Examinations. The contention of the petitioner that the sports person who participates in a team event should not be considered for sports quota if he had already participated in an individual event is not correct. It may be noted that a sports person can participate both in individual events as well as team events in the same sport. In sports like chess, shooting, badminton and tennis, there are individual events as well as team events. A sports person can participate both in individual events as well as team events. In individual events, the proficiency of the whole team is tested. In a team event, the individual's proficiency cannot be ## **W.P.(C).Nos.15579 & 25005 of 2023 17** separated from the team's performance. 11. The 6[th] respondent has filed a detailed counter affidavit. It is submitted that the petitioner is trying to misinterpret the priorities in Annexure XVIII(ii) appended to the Prospectus. It is true that the 6[th] respondent participated in the 47[th] National Volleyball Championship for Boys and Girls held at Burdwan, West Bengal from 25.12.2021 to 30.12.2021, representing SAI. It is worthy to note that the priority given as per Annexure XVIII(ii) do not exclude a student studied in the Universities of Kerala or the State Board only for the reason that he/she represented in Championship under any other banner. The students participated in National Championships for Men/Women representing the Indian University Team are eligible for sports quota seats if they were students of any University in Kerala. Some of the priorities even do not specifically state that the participant in All India Games needs to be a student from Kerala for claiming priority. As such ## **W.P.(C).Nos.15579 & 25005 of 2023 18** the banner under which the candidate participates is not of relevance but it is crystal clear that the students from the State are eligible for claim for MBBS seats under sports quota. The suspension of the State Association or the derecognition, if any of the Volleyball Federation of India has no relevance in the matter of sports quota list for MBBS in Kerala in view of the directives in Annexure XVIII(ii). This respondent is not aware of the allegations raised against the Volleyball Federation of India and it is for the petitioners to prove it, though not relevant to decide the present issue. This respondent participated in competitions conducted by the State or Championships where the State Team also participated as is evident from Ext P8, produced in WPC 15579 of 2023. It is further submitted that the name of this respondent was forwarded to the 3[rd] respondent after strict scrutiny and found eligible. The allegations otherwise are baseless and not supported by any directives or guidelines ## **W.P.(C).Nos.15579 & 25005 of 2023 19** issued by the State Government or any other authority. This respondent is eligible to be included in the list at the position now provisionally included and prayed that the interim order passed in WP(C) No.15579 of 2023 may be made absolute. This respondent was issued with allotment at Government Medical College, Thrissur, strictly on a provisional basis subject to further orders to be passed in WP(C) No.15579 of 2023 and was permitted to remit fee on 5.8.2023. 12. An affidavit has been filed by the petitioner dated 7.8.2023, producing the certificate of merits in respect of the petitioners as Ext.P13 to P15. It is further contended that the Kerala State Volleyball Association, which is the State Sports Association of the Volleyball Federation of India Stands suspended by the 2[nd] respondent as is evident from Ext.P16 and that the 2[nd] respondent has issued Ext.P17 notice that it will henceforth organize volleyball tournaments in the State and Certificates issued by the 2[nd] respondent will only **W.P.(C).Nos.15579 & 25005 of 2023 20** carry grace marks and other benefits. It is further submitted that going by Ext.P19 order the suspension as against the Kerala Volleyball Association still continues till date and in Ext.P20 list of State Sports Association recognized by the 2[nd] respondent for the year 2021-2022 would also reflect the above fact of suspension of the Kerala State Volleyball Association. 13. A detailed counter affidavit has been filed by the 5[th] respondent contending that in the first phase of allotment, petitioner was allotted Government Medical College, Kozhikode and she joined the College and remitted fee on 05.08.2023, as is evident from Ext.R5(a). The respondents are put in the dark without even producing the certificates of the petitioner's proficiency in sports for consideration under sports quota and especially under the “Team Events” as they are challenging the category list for “Sports Quota Team Events”. When the petitioners state that the 2[nd] and 3[rd] respondents had prepared category rank ## **W.P.(C).Nos.15579 & 25005 of 2023 21** list including ineligible candidates, it is worthy to note that nothing has been produced by the petitioners to show their eligibility to be included in the same list. To the knowledge of this respondent, the 2[nd] respondent had thoroughly scrutinised the documents produced by the candidates and it was based on such scrutiny that the priority list was forwarded to the 3[rd] respondent. When the petitioners challenge the credentials of this respondent, they are duty bound to disclose their own credentials for scrutiny by the affected parties. 14. As regard the 4[th] respondent in this writ petition is concerned he has been granted admission in the merit quota and therefore, the petitioner would submit that his admission is not under challenge in this proceedings. 15. I have heard the contentions on both sides. Clause 6 of the prospectus deals with the eligibility criteria for admission and Clause 6.1 mandates that the candidate seeking admission to **W.P.(C).Nos.15579 & 25005 of 2023 22** professional courses will be categorized as Keralite, non-Keralaite category I and nonKeralaite category II. Going by Clause 6, only candidates coming under the category Keralaite will be entitled for special reservation which includes admission under the Sports quota. Clause 5.2.16 deals with sports quota admission which mandates that the candidates who claim reservation under sports quota shall fulfil their eligibility based on the norms of Kerala Sports Council appended in Annexure XVIII(ii) prior to submission of applications. Annexure XVIII(ii) provides the order of priority for selection of candidates. Petitioner completed plus two course and was issued with Ext P1 marklist published by the Board of Higher Secondary Education. Petitioner was a student of MVHSS, Tundathil and she joined the said school in 9th standard during the academic year 2018-19 in view of her selection as a trainee in volleyball by the Sports Authority of India, Karyavattom, Thiruvananthapuram. Petitioner was a ## **W.P.(C).Nos.15579 & 25005 of 2023 23** member of Junior Girls Volleyball team which secured 3rd position in the State School Games Championship 2019-2020 as is evident from Ext. P2. Similarly, she also participated in the Kerala State Sub junior Championship held in October 2019, representing Thiruvananthapuram District as is evident from Ext. P3 certificate. The petitioner while in higher secondary school participated in the 47th Junior National Volleyball Championship for Boys and Girls, held at Burdwan, West Bengal as a player of Sports Authority of India, as is evident from Ext P4. Petitioner submits that she has been selected to the SAI Hostel after undergoing a selection process, i.e., through a Talent Hunt conducted by them while studying in 8th Standard. Petitioner appeared for the Selection camp at St. Thomas College, Pala and was directed to appear for the second stage of selection camp conducted for a week at the SAI campus, Thiruvananthapuram. The selection is based on performance, aptitude, height and other physical ## **W.P.(C).Nos.15579 & 25005 of 2023 24** and health conditions. After being selected by SAI for sports hostel at Karyavattom, Thiruvananthapuram, the petitioner secured admission at MVHSS, Tundathil in 9th standard during academic year 2018-19 and completed plus two in 2022. The petitioner has participated in the State Subjunior Championship under the banner Thiruvananthapuram District. Admittedly, petitioner comes under the definition of Keralaite who alone is entitled for special reservation including Sports quota. It is also not in dispute that the petitioner was studying in a Higher Secondary School in Kerala, and has participated in various tournaments representing Thiruvananthapuram District as is evident from Ext P2 and P3. Petitioner was selected by SAI after undergoing a rigorous selection process from among the various student sports persons in the State of Kerala and she has participated in the 47th Junior National Volleyball Championship for Boys and Girls, held at Burdwan, West Bengal as a player of Sports ## **W.P.(C).Nos.15579 & 25005 of 2023 25** Authority of India, as is evident from Ext P4. Petitioner submits that her selection to SAI sports hostel after undergoing a selection process among the various sports persons in Kerala itself will show that the petitioner is more meritorious and her participation in the Junior National Volleyball Championship for Boys and Girls, held at Burdwan, West Bengal though as a member of SAI team had brought laurels to the State since she was a student undergoing study in a school within the State. The petitioner would further submit that priority number 33, 34 and 35 provides for marks for representing the State/Indian University in National Championship for Men/Women/National Games. Likewise, priority number 53,54 and 55 provides for marks for representing State/combined All India Navodya/All India Kendriya Vidyalaya Sankadan team in All India School Games organized by SGFI. On the basis of the same, it is the contention of the petitioner that for getting priority under priority numbers 33 to 35 and 53 to 55, there is not even a **W.P.(C).Nos.15579 & 25005 of 2023 26** stipulation that the candidate ought to have represented the state itself but representing the Indian University is also accepted for getting admission under Sports quota and priority number 53 to 55 is also not for person representing the State alone but the benefit is given to sports person who has represented combined All India Navodya/All India Kendriya Vidyalaya Sankadan team. In the said category, there is not even a stipulation that the candidate should have been a student in a school within the State and therefore the exclusion of the petitioner who is a student in a school in the State of Kerala, from the purview of Sports quota only for the reason that she was selected by SAI and has represented SAI in the National Championship is absolutely arbitrary and unjust and will amount to a clear case of discrimination and such exclusion would not satisfy the test of intelligible differentia to justify such exclusion. The fact that the petitioner was granted admission provisionally pursuant to the interim order passed ## **W.P.(C).Nos.15579 & 25005 of 2023 27** by this court and on a perusal of Ext P1 mark list and P4 certificate itself will show that the petitioner has excelled both in her studies as well as sports activities. The stand taken by the respondents including the State and Sports Council of Kerala is that the Kerala Sports Act provides for a system of stringent selection process from the District Level to the State level to select competent sports persons for participating in National Championship in the respective sports item and the Sports Authority of India allow candidates to participate in the National Championship conducted by them bypassing all the above-mentioned selection process. It is the further contention of the respondents that the Government of Kerala is providing Sports quota admission for promoting and supporting sports personnel who have represented Kerala State and participated and won achievements in National and International Sports events and the said quota is provided in order to promote sports and that the said benefit cannot be extended to a ## **W.P.(C).Nos.15579 & 25005 of 2023 28** person who has represented any other State or Sports Authority of India or any other organisation in such events. Such reservation provided to various categories mentioned in Annexure XVIII(ii) produced as Ext P7 is a policy decision of the Government and the same cannot be interfered with by the court. In support of the contention, the learned Government Pleader relies on the judgment in _**Parisons Agro Tech Pvt. Ltd. and another v.**_ _**Union of India and others, (2015) 9 SCC 657**_ and also the judgment in _**Indian Ex-serviceman Movement and Others v. Union of India and others, (2022) 7**_ _**SCC 323**_ which held that when a policy decision is taken in public interest, the court will not ordinarily interfere with the policy decision of the Government. Learned counsel appearing for the additional respondent no.8 in WPC No. 15579/2023 who is the petitioner in WPC No. 25005 of 2023 would further submit that the petitioner is not entitled for granting priority number 44 in Annexure XVIII(ii). It is further contended that ## **W.P.(C).Nos.15579 & 25005 of 2023 29** Ext P4 certificate is issued by the Volleyball Federation of India which has been derecognized by the Ministry of Youth Affairs and Sports, New Delhi from 25.06.2020 as per Ext P8 produced in WPC No. 25005 of 2023 and also its State Association suspended by the 2nd respondent for the said reason. Therefore, the petitioner cannot be granted priority on the basis of Ext P4 certificate issued by a derecognized association and further that priority number 44 in Annexure XVIII(ii) representing Sports Authority of India is not included as a proficiency for claiming the said priority for inclusion in the Sports quota. To which the learned counsel for the petitioner would contend that the petitioner is not aware as to whether the Volleyball Federation of India has been de-recognized even now and that the document produced as Ext P8 in WPC No. 25005/2023 regarding de-recognition is issued in 2020 and no documents have been produced to substantiate that the federation was de-recognized at the time of ## **W.P.(C).Nos.15579 & 25005 of 2023 30** issuance of Ext P4 certificate. It is also contended that the de-recognition of the Volleyball Federation of India if any will not affect the claim of the petitioner for appointment under the Sports quota. 16. The learned Government pleader on the strength of **Parison’s** case cited supra and the judgment in **Indian Ex-serviceman Movement** ’s case cited supra would contend that the inclusion of various categories in the priority list is the policy decision of the Government which cannot be interfered by this court. The Apex Court in _**Deepak**_ ## _**Sibal v. Punjab University and another, (1989) 2**_ _**SCC 145**_ held that Article 14 forbids class legislation, but does not forbid reasonable classification and whether a classification is a permissible classification under Article 14 or not, two conditions must be satisfied, namely: (1) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from ## **W.P.(C).Nos.15579 & 25005 of 2023 31** others left out of the group, and (2) that the differintia must have a rational nexus to the object sought to be achieved by the statute in question.The apex court further held that in order to consider the question as to the reasonableness of the classification, it is necessary to take into account the objective for such classification and if the objective be illogical, unfair and unjust, necessarily the classification will have to be held as unreasonableand that the Surrounding circumstances may be taken into consideration in support of the constitutionality of a law which is otherwise hostile or discriminatory in nature. The Apex Court in **Sansar Chand Atri v. State of Punjab and another, (2002) 4 SCC 155** held that when the classification creates a class within a class without rational basis the same will become arbitrary and discriminatory. In the present case, it is not in dispute that petitioner had participated in Junior National Volleyball Championship as is evident from Ext P4 certificate ## **W.P.(C).Nos.15579 & 25005 of 2023 32** though as a member of the SAI team. The petitioner is a Keralite and has undergone her studies in schools in Kerala. But the petitioner has been excluded from Ext P7 priority list. The stand taken by the Government in the counter affidavit is that such sports quota admissions are provided in order to promote sports and to recognize who has represented Kerala State and participated and won achievements in the sports. A perusal of priority numbers 33 to 35 as well as priority number 53 to 55 of Ext P7 does not mandates that the candidates ought to have represented the state, the only mandate being they should be Keralites as defined in clause 6 of the prospectus. Clause 7 of the note appended to Ext P7 priority list is that if a candidate represents the Indian University team in the National Championship, the said candidate will be considered for the benefit of the norms only if the candidate was a student of one of the universities in Kerala during the year of representation. As regards the candidates mentioned ## **W.P.(C).Nos.15579 & 25005 of 2023 33** in priority number 53 to 55 in Ext P7, there is not even a stipulation that the candidate should have studied in any schools within Kerala. Therefore, this court cannot comprehend the classification now made by the Government as per Ext P7 priority list. If a student representing Indian University Team in the National Championship could be considered for admission in Sports quota and only condition stipulated is that he should be a student of one of the Universities in Keala during the year of representation, I am at a loss to understand why a candidate like the petitioner who is admittedly a Keralite and studied in a school in Kerala and has participated in National Championship representing SAI cannot be granted the priority in Annexure XVIII(ii)of Ext P7. Said classification now done as per Ext P7 is not a reasonable classification and does not have a rational nexus to the object sought to be achieved by providing sports quota, which going by the counter affidavit filed by the 1st respondent is to promote sports. On the basis of ## **W.P.(C).Nos.15579 & 25005 of 2023 34** the same, I find considerable force in the claim of the petitioner that she is entitled for being considered as the one coming under priority number 44 in Annexure XVIII(ii) produced as Ext P7 in WPC No. 15579/2023 which provides 57 marks for sports person representing State for national championship for junior/youth in as much as no separate priority number has been provided for a student studying in schools in Kerala and have represented SAI in the National championship. The contention raised by the learned counsel appearing for the 8th respondent in WPC No. 15579 of 2023 that the Federation which issued Ext P4 certificate is a de-recongnized Federation and therefore, the petitioner cannot be granted the benefit of having participated in National Championship conducted by the said federation cannot be accepted. Even going by the averment in WPC No. 25005 of 2023, Ext P8 communication only pertains to the year 2020 and no documents have been produced to substantiate that the said federation was de-recognized at the time ## **W.P.(C).Nos.15579 & 25005 of 2023 35** Ext. P4 certificate was issued to the petitioner. It is also pertinent to note that even the Kerala State has participated in the said tournament as is evident from Ext P8 produced in WPC No. 15579/2023. The Sports Authority of India has also sent their team in which the petitioner was also a member. There is no cASE that any other federation has conducted Junior National Volleyball Championship for boys and girls in 2021. Even going by the stand of the Sports Council, they have not considered any such disqualification while scrutinizing the certificates of various candidates claiming reservation under Sports quota and as per the directions in the interim order passed by this court, they have scrutinized the certificates and forwarded the name of the petitioner also. Therefore, the contention of the learned counsel for the 8[th] respondent based on the judgment in _**Md.**_ _**Tarif Ali v. State of Manipur and Others [2017 KHC 5706]**_ is only to be rejected. WP(C) No.25005 of 2023 ## **W.P.(C).Nos.15579 & 25005 of 2023 36** 17. As regard WP(C) No.25005 of 2023 is concerned the petitioner challenges the inclusion of respondent Nos.4, 5 and 6 under the sports quota. 18. When the matter was taken up for consideration, the learned counsel for the petitioner would submit that the 4[th] respondent got admission under the merit list and therefore, he is not pressing the challenge against inclusion of the 4[th] respondent in the sports quota. 19. As regard the 6[th] respondent is concerned, who is the petitioner in WP(C) No.15579 of 2023, I have already found that she is entitled for being considered for admission under the sports quota while deciding WP(C) No.15579 of 2023 in which the petitioner herein is also a party respondent. Therefore, the contention taken in the writ petition regarding the 6[th] respondent is hereby repelled. 20. As regard the contention of inclusion of the 5[th] respondent in the ranked list under sports ## **W.P.(C).Nos.15579 & 25005 of 2023 37** quota the contention of the petitioner is that 5[th] respondent could be included in Exts.P2 and P5 lists individual events category and not in both list simultaneously. The petitioner has already submitted objections in this regard, as is evident from Exts.P9 to P11. Petitioner contend that both in the list of individual and team events in Ext.P12, respondent No.5 was included and ranked 2[nd] , which is against the norms in Ext.P1. 21. In the counter affidavit filed by the 2[nd] respondent, Kerala State Sports Council it is stated that the inclusion of respondent No.5 is only in accordance with the terms of Ext.P1 prospectus, and submitted that the Sports Council is entrusted with a duty to allot marks to the candidates as per the proficiency in sports, in the light of Annexure-XVIII(ii). The prospectus mandates that the mark list of candidates under individual events and team events should be prepared separately and forwarded to the Commissioner of Entrance Examination. This means ## **W.P.(C).Nos.15579 & 25005 of 2023 38** that the Sports Council is required to prepare a separate list for individual and team events, including all eligible-candidates, even if they find a place in both the lists. Clause 8(c) of the note to Annexure XVIII(ii) is not applicable in the present case, as it is confined only to a situation where there is a tie. The conditions and criteria fixed by the KEAM prospectus were fully complied by the State Sports Council before forwarding the list of eligible candidates for sports quota admission to the Commissioner of Entrance Examinations. The contention of the petitioner that the sports person who participates in a team event should not be considered for sports quota if he had already participated in an individual event cannot be accepted. The stand of the Sports Council and of the Government is that a sportsperson can participate both in individual events as well as team events in the same sport and in sports like chess, shooting, badminton and tennis, there are individual events as well as the team events and a **W.P.(C).Nos.15579 & 25005 of 2023 39** sports person can participate both in individual events as well as team events. In individual events, the proficiency of the individual is tested and in team events, the proficiency of the whole team is tested. In a team event, individual proficiency cannot be separated from the team's performance. A participant who performed excellently in an individual event may not be able to perform well in a team event. Because his performance in a team event depends on other factors like the performance of other team members and the opportunity he gets to show his ability. The performance of a team member may be unnoticed by the good performance of other team members. So there are no specific criteria for assessing the performance of an individual performer in a team event. In this situation, a sports person becomes eligible for grace marks as a member of the team. Hence, as there is a clear-cut distinction between individual and team events on the basis of performance and therefore the grace marks are ## **W.P.(C).Nos.15579 & 25005 of 2023 40** awarded separately for individual event and team event in accordance with the KEAM prospectus. The grace marks awarded to the respondent 4 and 5 is on this criterion. On the basis of the same, it is contended that the inclusion of the 5[th] respondent is in strict compliance of the terms of Ext.P1 prospectus. A perusal of the prospectus revealed that the mark list of candidates under individual event and team event should be prepared separately and forwarded to the Commissioner of Entrance Examination, which can only mean that the Sports Council, the 2[nd] respondent is required to prepare separate list of individual event and team event, including all eligible candidates even if they find a place in both the lists. In view of the specific stand taken by the 2[nd] respondent and also the learned Government Pleader that two separate lists of individual events and team events were prepared including all eligible candidates which is as stipulated in the prospectus itself, I find no reason to entertain the challenge against the ## **W.P.(C).Nos.15579 & 25005 of 2023 41** inclusion of the 5[th] respondent under the sports quota. Therefore, the writ petitions are disposed of as follows: WP(C) No. 15579/2023 It is held that petitioner is entitled to get admission for M.B.B.S Course in the sports quota on the strength of Ext.P4 certificate and the allotment and admission granted to the petitioner pursuant to interim orders dated 16.6.2023 and 26.6.2023 in WP(C) No.15579 of 2023 is upheld. WP(C) No.25005 of 2023 For the reason stated above, the writ petition is accordingly dismissed. sd/- **VIJU ABRAHAM, JUDGE** pm ## **W.P.(C).Nos.15579 & 25005 of 2023 42** ## **APPENDIX OF WP(C) 15579/2023** PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE MARK LIST PUBLISHED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA, ON 21.06.2022 Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF MERIT DATED 15.10.2019 AWARDED TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF PARTICIPATION DATED 25.10.2019 ISSUED BY THE KERALA STATE VOLLEY BALL ASSOCIATION Exhibit P4 A TRUE COPY OF THE SOUVENIR CERTIFYING PARTICIPATION IN THE 47TH JUNIOR NATIONAL VOLLEY BALL CHAMPIONSHIP FOR BOYS AND GIRLS HELD DURING 25.12.2021 TO 30.12.2021, ISSUED BY THE VOLLEY BALL FEDERATION OF INDIA Exhibit P5 A TRUE COPY OF THE APPLICATION ACKNOWLEDGMENT - KEAM 2023 DATED 17.03.2023 Exhibit P6 A TRUE COPY OF THE APPLICATION/COVERING LETTER DATED 10.04.2023 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPIES OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES PUBLISHED BY THE GOVERNMENT OF KERALA APPLICABLE FOR THE YEAR 2023 Exhibit P8 . A TRUE COPY OF THE GROUPING OF TEAMS AT NATIONAL VOLLEY BALL CHAMPIONSHIP HELD DURING 25-30 OF DECEMBER, 2021 RESPONDENTS' EXHIBITS Exhibit R5(a) TRUE COPY OF THE SOUVENIR ISSUED BY THE VOLLEYBALL FEDERATION OF INDIA IN FAVOUR ## **W.P.(C).Nos.15579 & 25005 of 2023 43** OF THE 1ST RESPONDENT/PETITIONER Exhibit R5(b) TRUE COPY OF THE CERTIFICATE OF MERIT OF THE 1ST PETITIONER Exhibit R5(c) TRUE COPY OF THE CERTIFICATE OF MERIT OF THE 2ND PETITIONER Exhibit R5(d) TRUE COPY OF THE CERTIFICATE OF MERIT OF THE 3RD PETITIONER Exhibit R5(e) TRUE COPY OF THE OBJECTION TO THE PROVISIONAL CATEGORY WISE LIST FOR SPORTS QUOTA ADMISSION SUBMITTED BY THE 1ST PETITIONER ON 26.07.2023 Exhibit R5(f) TRUE COPY OF THE OBJECTION TO THE PROVISIONAL CATEGORY WISE LIST FOR SPORTS QUOTA ADMISSION SUBMITTED BY THE 2ND PETITIONER ON 26.07.2023 Exhibit R5(g) TRUE COPY OF THE OBJECTION TO THE PROVISIONAL CATEGORY WISE LIST FOR SPORTS QUOTA ADMISSION SUBMITTED BY THE 3RD PETITIONER ON 26.07.2023 PETITIONER'S EXHIBITS Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED 27.07.2023 AND PRINTOUT OF THE RELEVANT PAGES OF THE FINAL CATEGORY LIST Exhibit P10 A TRUE COPY OF THE ALLOTMENT MEMO DATED 03.08.2023 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT GENERATED ON 04.08.2023 Exhibit P11 A TRUE COPY OF THE ADMISSION SLIP ISSUED BY THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THRISSUR DATED 05.08.2023 RESPONDENTS' EXHIBITS Exhibit R8(a) TRUE COPY OF THE CERTIFICATE OF MERIT OF THE PETITIONER Exhibit R8(b) TRUE COPY OF THE FINAL PRIORITY LIST (TEAM EVENT) PUBLISHED BY 3RD RESPONDENT ## **W.P.(C).Nos.15579 & 25005 of 2023 44** Exhibit R8(c) TRUE COPY OF THE FINAL CATEGORY LIST FOR SPORTS QUOTA ADMISSION TO MBBS (TEAM EVENT) PUBLISHED BY 4TH RESPONDENT ON 27.07.2023 Exhibit R8(d) TRUE COPY OF THE NOTIFICATION NO. CEE/363/2023-TA4 DATED 27.07.2023 ISSUED BY 4TH RESPONDENT PETITIONER EXHIBITS Exhibit P12 A TRUE COPY OF THE RELEVANT PAGES OF THE ANNUAL REPORT AND AUDITED ACCOUNTS OF SAI FOR THE YEAR 2018-2019 Exhibit P13 A TRUE COPY OF THE BROCHURE RELATING TO "HEIGHT HUNT 2023" HELD DURING 03.04.2023 TO 16.04.2023 ## **W.P.(C).Nos.15579 & 25005 of 2023 45** ## **APPENDIX OF WP(C) 25005/2023** PETITIONER'S EXHIBITS |Exhibit P1|TRUE COPY OF THE RELEVANT PAGES OF THE| |---|---| ||PROSPECTS ISSUED BY THE 3RD RESPONDENT| |Exhibit P2|TRUE COPY OF THE FINAL PRIORITY RANK| ||LIST OF SPORTS QUOTA FOR ADMISSION TO| ||MBBS OF INDIVIDUAL EVENT PUBLISHED BY| ||THE 2ND RESPONDENT| |Exhibit P3|TRUE COPY OF THE FINAL PRIORITY RANK| ||LIST OF SPORTS QUOTA FOR ADMISSION TO| ||MBBS OF TEAM EVENT PUBLISHED BY THE 2ND| ||RESPONDENT| |Exhibit P4|TRUE COPY OF THE REPRESENTATION DATED| ||23.07.2023 SUBMITTED BY THE 3RD| ||PETITIONER BEFORE THE 3RD RESPONDENT| |Exhibit P5|TRUE COPY OF THE PROVISIONAL CATEGORY| ||RANK LIST PUBLISHED BY THE 3RD| ||RESPONDENT| |Exhibit P6|TRUE COPY OF THE JUDGMENT DATED| ||07.08.2019 IN WRIT APPEAL NO. 1757/2019| ||AND CONNECTED CASE| |Exhibit P7|TRUE COPY OF THE SOUVENIR ISSUED BY THE| ||VOLLEYBALL FEDERATION OF INDIA (VFI) TO| ||THE 6TH RESPONDENT| |Exhibit P8|TRUE COPY OF THE COMMUNICATION DATED| ||25.06.2020 ISSUED BY THE MINISTRY OF| ||YOUTH AFFAIRS AND SPORTS, NEW DELHI| ||(MOYAS) TO THE SPORTS AUTHORITY OF| ||INDIA (SAI) DERECOGNIZING VOLLEYBALL| ||FEDERATION OF INDIA (VFI)| |Exhibit P9|TRUE COPY OF THE OBJECTION DATED| ||26.07.2023 SUBMITTED BY THE 1ST| ||PETITIONER AGAINST EXT. P5 BEFORE THE| ||3RD RESPONDENT| |Exhibit P10|TRUE COPY OF THE SAID OBJECTION DATED| ||26.07.2023 SUBMITTED BY THE 2ND| ## **W.P.(C).Nos.15579 & 25005 of 2023 46** PETITIONER AGAINST EXT. P5 BEFORE THE 3RD RESPONDENT Exhibit P11 TRUE COPY OF THE SAID OBJECTION DATED 26.07.2023 SUBMITTED BY THE 3RD PETITIONER AGAINST EXT. P5 BEFORE THE 3RD RESPONDENT Exhibit P12 TRUE COPY OF THE FINAL CATEGORY RANK LIST PUBLISHED BY THE 3RD RESPONDENT ON 27.07.2023 RESPONDENTS EXHIBITS Exhibit R5(a) A true copy of the receipt dated 05.08.2023 issued from the office of the Government Medical College, Kozhikode PETITIONER'S EXHIBITS Exhibit P13 TRUE COPY OF THE CERTIFICATE OF MERIT DATED 11.09.2022 OF THE 1ST PETITIONER Exhibit P14 TRUE COPY OF THE CERTIFICATE OF MERIT OF THE 2ND PETITIONER Exhibit P15 TRUE COPY OF THE CERTIFICATE OF MERIT DATED 12.04.2023 OF THE 3RD PETITIONER Exhibit P16 TRUE COPY OF THE PROCEEDINGS NO. K.S.S.C/C1/455/2019 DATED 01.12.2021 ISSUED BY THE 2ND RESPONDENT SHOWING THE REASONS FOR SUSPENSION Exhibit P17 TRUE COPY OF THE NOTICE PUBLISHED BY THE 2ND RESPONDENT Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED 23.12.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P19 TRUE COPY OF THE ORDER DATED 27.07.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P20 TRUE COPY OF THE LIST OF STATE SPORTS ASSOCIATIONS RECOGNIZED BY THE 2ND RESPONDENT FOR THE YEAR 2021-2022 **W.P.(C).Nos.15579 & 25005 of 2023 47**