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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
R. Kiruthika – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary Department of Higher Education, Chennai & Others – Respondents
W.P. No. 33711 of 2022 & W.M.P. Nos. 33201, 33202 of 2022
Decided On : 01-03-2023
Writ Petition - Certiorarified Mandamus - Tamil Nadu Veterinary and Animal Sciences University Undergraduate Admission 2022-2023 for Sports Quota Girls - 2019-20 -12th National Silambam Championship Gold Medal, 11th National Silambam Championship – 2018-2019 Gold Medal, 2020-21 39th Tamil Nadu State Junior and Senior Silambam Championship Gold medal, 2021-2022 40th Tamil Nadu State Sub Junior and Senior Silambam Championship - The court dismissed the Writ Petition and closed the connected Writ Miscellaneous Petitions.
Fact of the Case:
The petitioner sought to quash the Provisional Rank List and Selection List for Sports Quota Girls at Tamil Nadu Veterinary and Animal Sciences University, claiming that her Silambam certificates were not considered for admission. The university had rejected her certificates as the Silambam Association was not recognized.
Finding of the Court:
The court found that the petitioner's Silambam Association was not recognized, and the certificates could not be considered for admission. The court expressed frustration at the Association's failure to obtain recognition and dismissed the Writ Petition.
Issues: The main issue was the non-recognition of the Silambam Association, leading to the rejection of the petitioner's certificates for admission under the Sports Quota.
Ratio Decidendi: The court held that the rejection of the petitioner's certificates was justified as the Silambam Association was not recognized. It emphasized the responsibility of the Association to obtain recognition and expressed hope for the petitioner's future admission prospects.
Final Decision: The Writ Petition was dismissed, and the connected Writ Miscellaneous Petitions were closed.
JUDGMENT
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the records relating to the Provisional Rank List revised as on 28.10.2022 of Tamil Nadu Veterinary and Animal Sciences University Undergraduate Admission 2022-2023 for Sports Quota Girls and the consequential Selection List dated 29.10.2022 of Tamil Nadu Veterinary and Animal Sciences University Undergraduate Admission 2022-2023 for Sports Quota Girls and quash the same in respect of candidate S.Menaka and direct the third respondent to award mark to the petitioner to the following Certificates ie., i) 2019-20 -12thNational Silambam Championship Gold Medal (First place-190 marks not awarded), ii) 11th National Silambam Championship – 2018-2019 Gold Medal (First place Mark 190 – not awarded), iii) 2019-20 -12th National Silambam Championship Gold medal (First Place-190 marks not awarded), iv) 2020-21 39th Tamil Nadu State Junior and Senior Silambam Championship Gold medal (First place – Mark 95 not awarded) and v) 2021-2022 40th Tamil Nadu State Sub Junior and Senior Silambam Championship (Gold Medal-95 mark not awarded) besides with 2018-19 64th School Game Federation of India-Gold Medal (First Place 190-marks) to the petitioner which was already given and direct the respondents to admit the petitioner according to her sports rank.)
The Writ Petition has been filed in the nature of Certiorarified Mandamus to call for the records relating to the Provisional Rank List revised as on 28.10.2022 of Tamil Nadu Veterinary and Animal Sciences University, Undergraduate Admission 2022-2023 for Sports Quota, Girls and the consequential selection list dated 29.10.2022 of the said University Undergraduate admission 2022-2023 for Sports Quota, Girls and quash the same in respect of the candidate S.Menaka and direct the third respondent to award marks to the petitioner for the following certificates:-
i) 2019-20 -12th National Silambam Championship Gold Medal (First place-190 marks not awarded),
ii) 11th National Silambam Championship – 2018-2019 Gold Medal (First place Mark 190 – not awarded),
iii) 2019-20 -12th National Silambam Championship Gold medal (First Place-190 marks not awarded),
iv) 2020-21 39th Tamil Nadu State Junior and Senior Silambam Championship Gold medal (First place – Mark 95 not awarded); and
v) 2021-2022 40th Tamil Nadu State Sub Junior and Senior Silambam Championship (Gold Medal-95 mark not awarded)
besides with 2018-19 64th School Game Federation of India-Gold Medal (First Place 190-marks) to the petitioner which was already given and direct the respondents to admit the petitioner according to her sports rank in the said course for the academic year 2022-2023.
2. The writ petitioner R.Kiruthika in her affidavit filed in support of the Writ Petition, had stated that she had completed her Higher Secondary School at P.N.Dhawan Adarsh Matriculation Higher Secondary School, at Chennai and had obtained 491.99 marks out of 600 marks in the Higher Secondary examination held for March 2021. Her cut off mark for B.VSC admission was out of 200. She stated that she belongs to Backward community and she was entitled for reservation under the said category. She also claimed reservation earmarked for Sports Eminent person. She claimed that she is eligible for consideration for admission to B.V.Sc., Undergraduate Course. She was quite interested in various sports activities and was able to excel in the Game of Silambam. She had participated from her VI Std., in various competitions conducted by the School Education Department and by the Tamil Nadu Olympic Association recognised by the Sports Development Authority of Tamilnadu and the Tamilnadu Olympic Association and other National Authorities. She had participated in several State Inter School Competitions, State Level and National Level.
3. She stated that she had applied for B.V.Sc and
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