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SUPREME COURT OF INDIA
INDU MALHOTRA, SANJIV KHANNA, JJ.
JYOTHIR R – APPELLANT
Versus
SUNISHA N.S. & ORS. – RESPONDENTS
CIVIL APPEAL NO. 70257026 OF 2019 (arising out of SLPs (Civil) Nos. 2008520086 of 2019) WITH CIVIL APPEAL NO. 7028 OF 2019 (Arising out of SLP(C)No. 20529 of 2019)
Decided On : 05-09-2019
(a) Administration of justice - Relief - Appellant filing speculative writ petition without impleading necessary party - Not disclosing correct facts before Supreme Court - Held, not entitled to any relief. (Para 24, 25)
(b) Administrative law - Approbation and retribution - Sports authority sending final list of candidates under sports quota to Commissioner of Entrance Examinations - Revising the same after finalization of list for admission - Rightly disregarded. (Para 24)
Facts of the case:
The Appellant – candidate had applied for admission under the Sports Quota, on the basis of having secured the 3rd position in Kerala under 25 Chess Championship conducted by the Sports Association of Thiruvanthpuram in January 2019. The Appellant had represented the Kollam District.
There were 7 seats available for the Sports Quota for admission to the M.B.B.S. course, while two seats were reserved for B.D.S. Out of the 7 seats for M.B.B.S., in the Sports Quota, 4 seats were allotted to the Individual event category, and 3 were allotted to the Team event category.
The Appellant secured final marks of 548.4722 in the NEETUG examination, after including the marks awarded to him in the Sports (Individual) category.
The Appellant filed a Representation to the Secretary of the Sports Council of Kerala alleging that Respondent No. 5 – Mr. Sujithraj Mallan had wrongly been included in the Individual List, as he had participated in a Team event.
The Appellant then filed W.P. (C) before the High Court praying inter alia for a direction to the Sports Council of Kerala to reconsider the marks allotted to the Appellant, and consider shifting Respondent No. 5 to the Sports (Team) List.
During the pendency of the Writ Petition the Kerala State Sports Council informed the Commissioner of Entrance Examinations that four candidates including Respondent No.5 – Sujithraj U. Mallanhad, had erroneously been included in the Final Sports (Individual) List, even though they ought to have been included in the Sports (Team) List.
The Commissioner of Entrance Examinations declined to consider the communication of the Kerala State Sports Council received after the publication of the final list at a belated stage of the admission process.
The first round of allotment was made by the Entrance Commissioner on 08.07.2019 with an option to the candidates to join on or before 12.07.2019.
The Single Judge of the High Court allowed the Writ Petition, holding that the Commissioner of Entrance Examinations was obligated to act on the communication of the Kerala State Sports Council. Accordingly, Respondent No.5 – Sujithraj U. Mallanhad was directed to be considered for admission in the Sports (Team) List.
Respondent No. 1 – Sunisha N. S. filed Writ Appeal to challenge the Judgment dated 05.08.2019 passed by the learned Single Judge.
The Division Bench set aside the Order of the Single Judge and directed that the Rank List be recast by amending the category of Respondent No.5 – Sujithraj U. Mallan had in the Sports (Individual) category. The consequence of implementing the direction of the Single Judge at this belated stage would mean that the entire admission process would require to be redone, which was undesirable.
It was ordered that the Rank of Respondent Nos. 1 and 5 be retained as per the list prepared on 28.06.2019.
Finding of the Court:
Appellant is not entitled to any relief.
Result: Appeal dismissed.
ORDER
IN S.L.P.(C) Nos. 2008520086 of 2019
Leave granted.
1. The present Appeals have been filed by the Appellant to challenge the Judgement and Order dated 07.08.2019 passed by a division bench of the Kerala High Court in W.A. Nos. 1757 & 1758 of 2019.
2. The issue raised in the present Appeals pertain to admission to the M.B.B.S. course in the State of Kerala, for the academic year 201920, for the 9 seats reserved for the Sports Quota.
3. The Appellant – candidate had applied for admission under the Sports Quota, on the basis of having secured the 3rd position in Kerala under 25 Chess Championship conducted by the Sports Association of Thiruvanthpuram in January 2019. The Appellant had represented the Kollam District.
4. The Prospectus for Admission to Professional Degree Courses (KEAM – 2018) was issued on 1st February, 2019. Clause 1.6 of the Prospectus states that :
“The Prospectus is subject to modification/addition/ deletion as may be deemed necessary by the Government”.
The allotment to sports quota seats in professional degree courses is governed by clause 5.2.6 of the prospectus for admission to professional degree courses, approved by the State Government vide G.O. (M.S.) No. 22/2019/H.Edn.dated 1.2.2019.”
Clause 5.2.16 reads as follows :
“5.2.16 Sports Quota (SP): Candidates who claim reservation under Sports Quota shall fulfil their eligibility based on the norms of Kerala State Sports Council appended in Annexure XVIII (ii) prior to submission of application, for the seats as prescribed in the Prospectus.”
As per the Prospectus, the applications for admission under Sports Quota are submitted to the Kerala States Sports Council, which allots marks to candidates according to their proficiency in sports. The maximum marks for proficiency is 500. The Guidelines of the Sports Council for awarding marks for proficiency in sports is provided under Annexure XVIII(ii) of the Prospectus. The marks list of candidates under “Individual Events” and “Team Events” are prepared separately and forwarded to the Commissioner for the Entrance Examinations on or before 30th April 2018.
5. In the case of candidates seeking admission to Medical courses, the marks for proficiency in sports are awarded out of 500, which are added to the marks obtained by the candidates in the NEETUG 2019.
The Sports Council allots marks to the candidates according to their proficiency in sports. The seats under the Sports Quota are filled up by giving equal representation to students in both the individual and team categories. The principle for allotment is 1:1 to be implemented by allotting the seats alternatively between the two categories of individual event and team event.
6. The NEETUG 2019 Examination was conducted on the 05.05.2019 for the current academic year 201920 for admission to the undergraduate M.B.B.S. course.
7. On 8/9th May, 2019 the verification of candidates was conducted by the Kerala Sports Council.
8. On 19th May, 2019 the Kerala Sports Council published the provisional list of candidates eligible for the Sports Quota, both in the Individual and the Team Categories, and invited objections/complaints to the same. The last date for submission of objections was 25th May, 2019.
It is relevant to note that the Appellant raised no objection to the provisional list.
9. On 27th May, 2019, the Kerala Sports Council published the Final List of eligible candidates under both the Individual and Team Quotas. The Appellant did not raise any objection/complaint even at this stage. The Final list was forwarded to the State CEE.
10. On 6th June, 2019 the All India NEETUG 2019 result was declared.
11. The State CEE published the categorywise list of candidates eligible for M.B.B.S., including the Sports Quota in the Individual and the Team Category on 28th June, 2019.
12. There were 7 seats available for the Sports Quota for admission to the M.B.B.S. course, while two seats were reserved for B.D.S. Out of the 7 seats for M.B.B.S., in the Sports Quota, 4 sea
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