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2025 Supreme(Online)(KAR) 6251
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MRS JUSTICE K.S. HEMALEKHA, J
Devaraj S/o Mallappa – Appellant
Versus
Karnataka Examinations Authority, Represented By Its Director – Respondent
WRIT PETITION NO. 15288 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 13802 OF 2023 (EDN-RES)
Advocate Appeared:
For the Appellant :SMT. RASHI SING, ADVOCATE FOR SRI. A. MAHESH CHOWDHARY, ADVOCATE
For the Respondent:SRI. N.K. RAMESH, ADVOCATE FOR R1 TO R3; SMT. MAMATHA SHETTY, AGA
Eligibility for sports quota must consider students' status at the time of participation, not merely the completion of exams.
Headnote:(A) Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 - Rule 9
(B) - Denial of reservation under sports quota - Petitioners participated in the 66th National School Games after completing their 12th standard exams - Court held that delay in conducting the games should not disadvantage the petitioners, as they were eligible at the time of participation. (Paras 6, 7, 10)
(B) Eligibility criteria - The court emphasized that the eligibility for sports quota should consider the timing of events and the students' status at the time of participation, not merely the completion of exams. (Paras 9, 10)
Facts of the case:
Petitioners, students who participated in the 66th National School Games, were denied reservation under the sports quota on the grounds that they had completed their 12th standard exams before the games were conducted. They argued that previous events were held during their academic year, and the delay in the current event should not affect their eligibility.
Findings of Court:
The court found that the petitioners were eligible for reservation under the sports quota as they participated while still enrolled in 12th standard, and the delay in conducting the games should not penalize them.
Issues: The main issue was whether the petitioners were entitled to reservation under the sports quota despite participating after completing their 12th standard exams.
Ratio Decidendi: The court ruled that the timing of the games should not disadvantage the petitioners, as they were eligible students at the time of participation, and the delay in the event's scheduling was not their fault.
Result: Writ petitions allowed; impugned order quashed; petitioners entitled to reservation under sports quota.
ORAL ORDER
1. As common questions are involved, both the writ petitions are taken up together.
2. Denial of reservation of seats under the sports quota, petitioners are before this Court in these writ petitions. Petitioners are students, who at the time when 66th National School Games, 2022-2023, Gwalior Madhya Pradesh was conducted were studying in 12th standard in Sharnbasveshwar Residential Composite Pre-University College, Kalaburagi and Citizens PU College KHB Nanjanugudu respectively.
3. On 15.05.2023 and 11.05.2023, notifications were issued for 66th National School Games by the Office of the President, School Games Federation of India (hereinafter referred to as “SGFI” for short). Under the notification, the SGFI had invited students of various disciplines to participate in the sport of Badminton, Handball and Hockey in the 66th National School Games for under 19 age group Boys and Girls Championship 2022- 2023. In the said invitation, it was provided that the participating students have to fulfill the eligibility rules of championship and that they are studying in 12th or below but not below 8th standard. The petitioners participated in the game of Hockey and Handball in 66th National School Games conducted between 06.06.2023 to 12.06.2023 through their PUC School team representing the Karnataka State and were issued with a participation certificates.
4. When the petitioners were selected to participate in the 66th National School Games, the Karnataka Examination Authority(KEA) vide notification set the date of submission of Special Category certificate for the sports quota as of 31.05.2023 and date of submission of the sports document were closed even before the National Games were conducted.
5. Learned Counsel for the Petitioners submits that previously National School Games event has been conducted at the time when the students were not given their final exams and the Games event were conducted well before in time and this time the National School Games were conducted in a delayed manner. The petitioners have represented the State in 66th National School Games, certificate of participation in their favor cannot be denied, the reservation of seat under sports quota on the ground that the petitioners have participated in National School Games after passing of 12th standard (II PUC).
6. Relying upon Rule 9(B) of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules , 2006 (hereinafter referred to as "Admission Rules" for short) mandates that a student seeking reservation of seat under sports category has to obtain a certificate of having participated in the prescribed sports/games specified in the schedule during the five year of study in Karnataka between 8th and 12th standard and that the petitioners have participated in the qualifying games only between 06.06.2023 and 12.06.2023 i.e., after the completion of the academic term and the petitioners claim cannot considered merely because the event was conducted late.
7. On the hearing the learned counsels, the question that falls for consideration in these writ petitions is “whether the petitioners who participated in the 66th National School Games, 2022-2023 conducted between 06.06.2023 to 12.06.2023 are entitled for reservation of seats under sports quota in the peculiar facts and circumstances of the case”
8. The Office of the President i.e., SGFI issued notification dated 15.05.2023/11.05.2023 and the eligibility fixed for the players to participate in the games was is stated as under:
"(15) Eligibility
(a) Each one of the above player should be born on or after 01.01.2005 they must be regular enrolled students of the school/Jr College they represent. The participating players should be studying in 12th or below class but not below 8th Standard Education Sessen 2022-2023 pass out Students are allowed in national Championship.
(b) Eligibility/Age Certificate: All player's should have mandatory AADHAAR No., Offi
