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2023 Supreme(AP) 1492

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
GANNAMANENI RAMAKRISHNA PRASAD, J.
ALLAM NAVANEITH SAI ROYAL - Appellant
Versus
UNION OF INDIA - Respondent
Writ Petition No. 21209 of 2023
Decided On : 25-09-2023

Denial of sports quota admission based on non-recognition of valid sports certificates was held unconstitutional, emphasizing equal treatment under the law for sports distinctions recognized by authorized bodies.

Headnote:(A) Constitution of India - Articles 14 and 21 - Writ of Mandamus - Admission under Sports Quota - The action of the Sports Authority in not including Sports certificates from Kendriya Vidyalaya Sangathan was declared illegal, arbitrary, and violative of constitutional rights. (Paras 22, 23)

(B) Legal Recognition of Sports Disciplines - The court emphasized the recognition of Teakwondo as a valid sport under relevant GOs and the necessity to acknowledge Sports Certificates for admission purposes. (Paras 6, 8, 11)

(C) Precedence of Decisions - The court referred to previous judgements ensuring recognition of Kendriya Vidyalaya Sports certificates across states indicating an established norm of inclusion. (Paras 22, 23)

Table of Content
1. challenging eligibility under sports quota (Para 2 , 3 , 4)
2. arguments regarding recognition of sports certificates (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. recognition of kvs sports achievements across states (Para 12 , 13 , 14 , 15 , 16 , 17)
4. court's observation on policy delays (Para 18 , 19 , 20 , 21)
5. direction to consider sports certificates in admissions (Para 22 , 23)
6. conclusion on writ petition and costs order (Para 24 , 25)

ORDER :

1. Heard Smt. Avanija Inuganti, Learned Counsel for the Writ Petitioner and Sri Ravi Kiran Kumar Kolusu, Learned Standing Counsel for SAAP.

2. The prayer made in the Writ Petition is as under:

    “It is prayed that this Hon’ble Court may be pleased to issue an appropriate writ or order or direction more particularly a writ in the nature of a writ of Mandamus declaring:

    (i) action of the 2nd Respondent in issuing G.O.Ms. No. 10, Ministry of Youth advancement, Tourism & Culture (Sports) Department dated 15.07.2008 and by nit including Sports certificates issued by the 7th Respondent i.e. Kendriya Vidyalaya Sangathan (KVS) for availing the benefit of admission into educational institutions through Sports Quota.

    (ii) action of the 4th Respondent in declaring the Petitioner as ineligible for admission through Sports Quota by issuing/publishing his name at item 31 in the “not eligible list.”

    (iii) consequent action of the 5th Respondent herein in publishing “RGUKT UG-Admissions 2023-24- Provisional Selection List under Sports Category” and Tentative Priority List towards admission into 6 years integrated B.Tech program in RGKUT under Sports Quota prepared as per G.O.Ms. No. 10 of YAT & C(S) Dept. dated 15.07.2008” by not including the name of the Petitioner herein despite receiving his representation dated 31.07.2023.

    As being illegal, arbitrary, unreasonable and vitiated by non-application of mind and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents herein to consider the Sports Certificates issued by the 7th Respondent i.e. Kendriya Vidyalaya Sangathan on par with CBSE certificates and to consider the candidature of the Petitioner herein for admission through Sports Quota into 6th Respondent College and consequently, to include his name in the RGUKT UG-Admissions 2023-24 Provisional Selection List under Sports Category and/or pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the Writ Petitioner is that the Sports Certificates (in relation to Teakwondo Sport) issued by the 7th Respondent (Kendriya Vidyalaya Sangathan-KVS) were not considered by the Respondent No. 4 namely the Sports Authority of Andhra Pradesh (SAAP) on the ground that the Certificates issued by the Respondent No. 7-Kendriya Vidyalaya Sangathan, is not included in the list of Recognized Institutions under G.O.Ms. No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008. The Writ Petitioner is, therefore, aggrieved by the non-recognition of the Sports participation Certificate secured by him from Kendriya Vidyalaya Sangathan, for seeking Admission under Sports Quota in RGUKT UG-Admissions, 2023-2024.

FACTS:

4. The facts of the case are that the Writ Petitioner was student of Respondent No. 7- Kendriya Vidyalaya Sangathan (KVS), Kadapa, from 1st Grade to 10th Grade; that the Petitioner participated in several Teakwondo competitions since the age of seven years; that the Writ Petitioner secured Gold Medal in Regional’s Under-17 Boy Category conducted at Uppal-2, From 29.08.2022 to 30.08.2022; that he had also participated in National Sports Competition at Agra from 16.10.2022 to 20.10.2022; that after completion of 10th Grade, the Writ Petitioner had applied for 6 years integrated B. Tech Programme under Sports Quota in the College of Respondent No. 6 - Indian Institute of Information Technology, Chittoor; that the Petitioner was declared as ineligible by Respondent No. 4 (SAAP)

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