The main legal point established in the judgment is that the criteria for selection among eminent sports persons should consider both academic qualifications and eminence in sports, and the challenged clause in the prospectus was found to be rational and not violative of Article 14 of the Constitution of India.

S.J. Mukhopadhaya, J.

The matter relates to admission in MBBS Course. Applications were called for, for admission in the course for the session 2009-2010, including the seats meant for selection of eminent sports persons. One B.Praveena Devi, 1st respondent in W.A. No.1371/09 challenged clause (1) and (2) of Appendix-III of prospectus with further prayer to direct the respondents to consider the academic achievements among the candidates falling under each category of sports, or in the alternative to take into account the achievements in all the tournaments during the year 2005-2009 for preparation of selection list and making selection.

Learned single Judge, by impugned judgment dated 3rd Sept., 2009, allowed the writ petition in part, set aside clause (2) of Appendix-III of the prospectus for admission in MBBS/BDS course for the year 2009-2010 to the effect it stipulated ‘the highest achievement of the candidate in only one annual tournament in the sport discipline in a year will be considered for awarding marks’ and directed the appellant, Common Committee for Selection of Eminent Sports Persons (hereinafter referred to as Common Committee) to work out the process of selection among the four candidates, viz., 1) B.Karthik (Application No.554), 2) V.Abhinaya (Application No.282), 3) S.Padmaja (Application No.523) and 4) B.Praveena Devi (Application No.294) as per the order and to select accordingly.

2. Apart from the Common Committee of W.A. No.1342/09, other persons, who were selected pursuant to the prospectus for admission in MBBS course and are undergoing study for the session 2009-2010, they having affected, have challenged the aforesaid judgment. The other appellant of W.A. No.1371/09, while supported the impugned judgment, is aggrieved against the last portion of the order, whereby it was ordered to reconsider the case of four persons only and not the other eminent sports persons, including the said appellant.

3. The 1st respondent/writ petitioner, who belongs to backward class community has developed her skill in swimming and had participated in the State Level, Junior Level and National Level sports and has won 114 medals in all levels during the past four years. She has secured first position and won 48 gold medals at the Divisional, Zonal, State and National levels, besides obtaining second position and secured 37 silver medals in the abovesaid levels. She has also secured third position and won 17 bronze medals having participated in number of national tournaments. She has passed in +2 examination under CBSE pattern during March/April, 2009 and secured the following marks in science subjects :-

i) Biology - 95 / 100 marks

ii) Chemistry - 95 / 100 marks

iii) Physics - 93 / 100 marks

She had applied for admission to first year MBBS course for the year 2009-2010. Being an eminent sports person, she being aggrieved by two clauses, i.e., clauses (1) and (2) of Appendix - III, which enables the selection authorities to take achievement in sports alone irrespective of qualifying marks and even amongst achievements in sports only, one annual tournament in the discipline, out of the performance of the four years preceding, challenged the same before the Court.

4. It was submitted on behalf of the 1st respondent/writ petitioner that she secured one gold medal in 2007-2008, two silver medals during 2006-2007 and 2008-2009 and one Bronze medal in 2005-2006. Therefore, as per the other terms of the prospectus, if the achievement of the petitioner in the four years are taken into consideration, she will be entitled for 7195 marks. However, if the impugned provisions are applied, i.e., if only one annual tournament is taken into account, she would be getting only 600 marks. If the tournaments of the four years are taken into consideration, she would be selected surely under the quota of eminent sports category, but in view of two clauses inserted in Appendix-III for admission to first year MBBS course for the year 20