Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2645

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, D. BHARATHA CHAKRAVARTHY, JJ.
The Secretary to Government Department of Health and Family Welfare, Secretariat, Fort St. George, Chennai & Others – Appellants
Versus
Minor S. Priyadharshan, Rep by his mother and natural guardian Padmavathi & Others – Respondents
W.A.(MD) No. 1339 of 2023 & C.M.P.(MD) No. 10106 of 2023
Decided On : 25-08-2023

Advocates appeared:
For the Appellants:J. Ravindran, Additional Advocate General assisted by J. Ashok Additional Government Pleader. S. Santhoshkumar, Advocate. For the Respondents:R1, D. Shanmugaraja Sethupathy, R3, S. Balamurugan, Advocates.

The prospectus should be interpreted to preserve the benefit of the candidate, and the substance of the candidate's achievements should be considered, especially in extraordinary circumstances such as the COVID-19 pandemic.

Headnote:
Eminent Sports Person - Admission Quota - Annexure VII, National Eligibility cum Entrance Test - 2023-2024 Session - [Annexure VII] - The court discussed the interpretation of Clause 2 and Clause 5.2 of Annexure VII of the prospectus, emphasizing the principle of substance over rigidity of the letters and the contra proferentem rule. The court held that the purpose of granting admission to Eminent Sports persons is to admit meritorious sports persons, and the prospectus should be read to preserve the benefit of the candidate.
Fact of the Case:

The first respondent, an Eminent Sports Person, sought admission to the MBBS Course under the sports quota. The dispute arose from the allocation of marks for the candidate's sports achievements, leading to a challenge of the provisional rank list.
Finding of the Court:

The court found that the prospectus should be interpreted to preserve the benefit of the candidate, considering the extraordinary circumstances of the COVID-19 pandemic and the substance of the candidate's achievements. It held that the first respondent was entitled to marks for all four certificates, and directed the appellants to grant the additional marks and rearrange the order of merit for admission.
Issues: Interpretation of Annexure VII of the prospectus, consideration of sports achievements, and the impact of the COVID-19 pandemic on the scheduling of tournaments.
Ratio Decidendi: The prospectus should be interpreted to preserve the benefit of the candidate, and the substance of the candidate's achievements should be considered, especially in extraordinary circumstances such as the COVID-19 pandemic.
Final Decision: The writ appeal was dismissed, and the appellants were directed to grant the additional marks to the first respondent and rearrange the order of merit for admission without delay.

JUDGMENT

(Prayer: Writ Appeal has been filed under Clause 15 of Letters Patent to set aside the order, dated 03.08.2023 made in W.P.(MD)No.18178 of 2023 on the file of this Court.D.Bharatha Chakravarthy, J.

A. The Appeal:

1. This Writ Appeal is directed against the Judgment of the learned Single Judge dated 03.08.2023 made in W.P.(MD)No.18178 of 2023. The learned Single Judge allowed the writ petition filed by the first respondent herein. In the writ petition, the first respondent herein prayed for a Certiorarified Mandamus to call for the records relating to impugned provisional rank list of the candidates eligible for sports category dated Nil published on 24.07.2023 (MBBS/BDS) (Government quota) Course 2023-2024 Session) by the 3rd respondent and to quash the same and consequently direct the respondents to issue revised rank list for special reservation for Eminent Sports Person by awarding 330 marks to the first respondent and accordingly to conduct counselling for these sports quota.

B. The Brief Facts :

2. The first respondent had obtained 120 marks in the National Eligibility cum Entrance Test conducted on 07.05.2023. The first respondent is an Eminent Sports Person having participated in Roller Skating Championships and has won medals. For admission to the MBBS Course for 2023-2024 session, the first respondent applied under the quota for Eminent Sports persons. The Rules regarding the allotment of marks for Eminent Sports person is contained in Annexure VII of the Prospectus issued by the appellants. Tables I to VI contain the number of marks which would be allotted for the achievement at the International, National, State, State Level, Divisional Level and District Level achievements. Clause 2 of Annexure VII reads as follows:

“..2.The candidate shall submit all the sports certificates along with participation certificates and relevant forms issued by Association/Federation concerned, but only one highest achievement in a tournament (among the International, National, State, Divisional and District) in an academic year in the sports disciplines listed in Table VIII will be considered for awarding marks.”

Clause 5.2 of Annexure VII reads as follows:

“5.2. Participation/achievements in each academic year from 01.06.2019 to last date of submission of application (01.06.2019 to 31.05.2020, 01.06.2020 to 31.05.2021, 01.06.2021 to 31.05.2022 and 01.06.2022 to last date of submission of application) in sports/games shown in the list alone will be considered for the award of marks. National or State Level Championships or Tournaments conducted by Sports Federations or Associations recognised by MYAS or IOA or SDAT or TNOA alone will be considered for the award of marks. (Recognition of State Associations/National Federations should be relevant to the year concerned).”

2.1. The petitioner had therefore, submitted four certificates of merit and claimed marks as depicted in the following table:

Sl.No.	Name of theTournament	Level of Achievement	Academicyear	Marks Claimed
1.	Trichy District Roller Skating Championship	District Level Winner	2019-2020	45
2.	Tamil Nadu State Roller Skating Championship	State Level Winner	2020-2021	95
3.	Tamil Nadu State Roller Skating Championship	State Level Winner	2021-2022	95
4.	Tamil Nadu State Roller Skating Championship	State Level Winner	2022-23	95

2.2. The third appellant committee which had scrutinised the certificates, held that since two of the said certificates produced by the first respondent namely, the certificate for the academic year 2021-2022 in which, the event was held between 08.06.2022 to 09.06.2022 and the certificate which is produced in respect of the academic year 2022-23 in which the event was held betwee