Karnataka Examination Authority Vs Union of India

SRI KOUSHIK B. K. S/O SRI B.M. KRISHNA MURTHY AGED 19 YEARS R/AT NO.1, SANJAY LAYOUT VINAYAKANAGAR RAMOHALLI (P) KENGERI (H) NEAR V.R. INTERNATIONAL SCHOOL BENGALURU - 560 074.

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…RESPONDENTS

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(BY SRI H.S. SURESH, CGC FOR R-1, SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-2 & SRI SKANDA KUMAR, ADVOCATE FOR SRI M.D. RAGHUNATH, ADVOCATE FOR C/R-3)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 16.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P No. 18861/2025, AND DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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For the reasons stated in the application―I.A.No.2/2025, the

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same is allowed. The delay of 38 days in filing the appeal is condoned.

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The appellant (Karnataka Examination Authority) has filed the present appeal impugning an order dated 16.07.2025 passed by the learned Single Judge of this Court in W.P.No.18861/2025 (EDN-RES). The said petition was filed by respondent No.3 (writ petitioner), inter alia , praying that directions be issued to reconsider his application for admission to Medical Colleges for the MBBS degree under 'Sports Quota'.

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The writ petitioner was found ineligible for admission under the 'Sports Quota' on the ground that the sports events in which he had participated were not recognized in terms of the Circular dated 13.05.2025 and therefore, the writ petitioner did not satisfy the criteria as set out under the Karnataka Selection of Candidates for

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Admission to Government Seats in Professional Educational Institutions Rules, 2006 as amended by the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions (Amendment) Rules,

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[ the Rules ].

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The learned Single Judge had rejected the said contention and found that the writ petitioner was eligible for being considered under the 'Sports Quota' on account of having participated in the following events:

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i) 67^th National School Games 2023-2024 in Taekwondo (Boys U-19) held at Betul, Madhya Pradesh between 31.12.2023 to 05.01.2024; and

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ii) 40^th National Senior Kyorugi Taekwondo Championships, 2024.

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The writ petitioner had won a silver medal in 67^th National School Games and had participated in the 40^th National Senior Kyorugi Taekwondo Championships, 2024.

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The learned Single Judge also observed that the 40^th National Senior Kyorugi Taekwondo Championship 2024 had been organised by the Puducherry Taekwondo Sports Association, which is affiliated to Indian Olympic Association [ IOA ] and is also recognised by the Ministry of Youth Affairs and Sports,

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Government of India [ MY & S ]. Accordingly, the learned Single Judge had directed the appellant to reconsider the writ petitioner’s eligibility for admission under the Sports Quota in the light of the observations made in the impugned order, and if the writ petitioner satisfies the same to take further steps for admitting the writ petitioner.

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The appellant has impugned the said order on essentially, two grounds. First, that it is not the authority for selection of the candidates and the said exercise is required to be conducted by respondent No.2. And second, that one of the events in which the writ petitioner had participated did not fall under Schedule-II of the Rules, 2024. The contention that the event in which the writ petitioner participated could not be considered is premised on the basis that the 40^th National Senior Kyorugi Taekwondo Championships, 2024 was not organized by a National Sports Federation [ NSF ] that was recognized by the Government of India. The said contention is in turn based on the premise that the Taekwondo Federation of India [ TFI ], which is the NSF that had promoted and the said event was granted only annual recognition which had not been renewed. Additionally, it is stated that TFI was

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not affiliated to IOA and therefore, the certificate of participation produced by the writ petitioner which states that the TFI is affiliated to Indian Olympic Association is ex facie incorrect. It is earnestly contented that the learned Single Judge has proceeded on an erroneous premise that the event in question was promoted by a recognised NSF affiliated to the IOA. Therefore, the impugned order is liable to be set aside.

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We also consider it apposite to set out the relevant extract of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions (Amendment) Rules, 2024 whereby, Rule 9 of the Rules was amended. The said Rule is set out below:

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"Amendment of rule 9:- In the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 (herein referred as said rules), in rule 9, sub-rule(1), for clause (B) and entries relating thereunder the following shall be substituted, namely:-

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"(B) The following candidate shall be eligible for selection under sports category namely:-

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(i) Candidates who have represented the State or Country and won medals or participated in sports competitions during the last three financial years including the financial year in which the candidate has applied the application for CET under sports quota shall be considered.

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(ii) The Selection of Candidates under Sports quota shall be as follows:-

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(a) Two best or two highest achievements in sports competitions during the years specified in clause (i), shall be taken in to consideration. However, only one best or highest achievement shall be considered in a financial year.

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(b) The list of sports and marks allotted for each sports achievement shall be as specified in Schedule-II.

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(c) In case equal marks allotted to two or more candidates the third best achievement of all the candidates during the years specified in clause (i), shall be considered for selection.

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(d) The merit list shall be prepared considering the aggregate marks obtained by the candidates bases on the two highest achievements under consideration.

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(e) Olympic or Asian or Common Wealth Games or National Games Sports disciplines means those sports or games included in the immediately preceding Olympic or Asian or Commonwealth Games or National Games and the corresponding sports or games in Para Game.

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(f) For the Selection of Candidates under these rules the decision of the Commissioner, Department of Youth Empowerment and Sports Shall be final."

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It is apparent from the above that the selection of candidates

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under the Rules is required to be made by the Commissioner,

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Department of Youth Empowerment and Sports and the said selection is final.

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In view of the above, the learned counsel for the appellant is correct in his submission that the selection is required to be made in terms of the weightage stipulated in Schedule-II of the Rules, 2024 by respondent No.2 and not by the appellant. The learned counsel appearing for respondent No.2 also concurs with the said view.

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We also consider it apposite to extract Entry No.80 and Entry No.86 of Schedule-II of the Rules, which the writ petitioner claims,

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are applicable in this case.

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Sl.No.	Sports Distinction/Participation	Certificate Issuing Authority	Weightage Marks
80	Participation in Senior National Championship (Olympic/Asian/Common Wealth/National Games disciplines only)	National Sports Federation recognized by MYA & S	21
86	Silver Medal in Khelo India Games/School Games	Government of India/SAI/National SportsFederation	15

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There is no dispute that the 67^th National School Games qualifies as an event covered under Entry No.86 of Schedule II as set out above as it was organised by the Government of India. The controversy essentially relates to the 40^th National Senior Kyorugi

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Taekwondo Championships, 2024 which according to the petitioner falls in Entry No.80 as set out above. The said event was held from 18^th to 20^th , October, 2024 at Puducherry.

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There is no dispute that the said 40^th National Senior Kyorugi Taekwondo Championships, 2024 was promoted by TFI. The only ground on which the appellant and respondent No.2 contend that the event does not fall in Entry No.86 of Schedule II is that TFI was not a NSF recognized by MY & S, at the time the said event was held. Thus, the only question to be examined is whether TFI could be considered as a recognized sports federation at the material time.

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Respondent No.1 (MY & S – Government of India) has filed an affidavit enclosing a letter dated 17.03.2023 addressed to the President/Secretary General, TFI, inter alia , stating as under:

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"4. Further, in view of the Hon'ble Delhi High Court's order dated 28.04.2022 in W.P. (C) No.11674 of 2019, consequent upon acceptance of election of Taekwondo Federation of India, it has been decided to recognize Taekwondo Federation of India, represented by the above-said elected Office Bearers in the election conducted by the Hon'ble Delhi High Court appointed Court Commissioner-cum-Returning Officer, as National Federation (NSF) for promotion

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and development of sport of Taekwondo in the country with immediate effect. Sports

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This recognition to Taekwondo Federation of India is with the condition that it shall comply with the provisions of National Sports Development Code of India, 2011 and other relevant guidelines issued by the Ministry from time to time. A copy of the National Sports Development Code of India, 2011, currently in force is available on the website of this Ministry i.e. https://yas.nic.in/sports/national-sports-developmentcode-india-2011."

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It is clear from the contents of the letter dated 17.03.2023

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and as noted above that TFI was granted the recognition as the NSF for the sport of Taekwondo by MY & S (Government of India).

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Article 8 of the National Sports Development Code of India, 2011 [ Sports Code ] contains provisions regarding recognitioin of an NSF. Paragraph 8.2 of the Sports Code is of some significance and is set out below:

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"8.2 From the year December, 2009, a new system of annual recognition was notified under which NSFs are required to submit detailed documentation for grant of recognition, which would get automatically renewed in the subsequent years subject to submission of prescribed documents such as annual report, audited accounts, details of national championships held, utilization certificate in respect of Government grants, Copies of relevant circulars issued vide No.F.9-69/2009-SP-I dated 12.11.2009, 02.12.2009 & 29.11.2010 are placed at Annexure-XV. Federations not availing of grants from the

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Government will receive permanent recognition instead of annual recognition."

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Thus, it is clear from the above that the recognition granted

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to a NSF which does not avail any financial assistance would not expire on an annual basis. The learned counsel appearing for the Union of India also stated that no financial grant has been availed by TFI.

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The learned counsel for the writ petitioner had also referred to an order dated 24.12.2024 passed by the Delhi High Court in W.P.(C) 17973/2024 (Taekwondo Federation of India v. Indian Olympic Association and others) and had drawn our attention to the following observations made by the Court:

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"12. The Court has considered the aforenoted contentions. The immediate concern expressed by Mr. Mehra is the selection for the Game of Taekwondo in the upcoming 38^th National Games for which the entries have to be sent by 3^rd January, 2025. Considering the National Sports Code, 2011, the relevant guidelines issued in this regard and the fact that the Petitioner's status as NSF has been recognised by the Government of India, the Court finds merit in the contentions urged by Mr. Mehra. The IOA's course of action might have been appropriate if the Petitioner's recognition as an NSF had been revoked. However, in the absence of such revocation, and with the Petitioner still being a recognized NSF, the Court finds merit in the Petitioner's request for the consideration of the names they have selected for the upcoming games."

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Although the abovementioned order was passed in a different context, it notes that TFI’s recognition as NSF had not been revoked. The Delhi High Court had proceeded to issue interim orders on the said basis. No material has been placed on record to indicate that TFI had been de-recognized at the material time.

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In the aforesaid view, the writ petitioner is required to be accorded the benefit of participating in the 40^th National Senior Kyorugi Taekwondo Championships, 2024.

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The fact that the TFI may not have been affiliated to IOA at the material time, is not relevant as Entry No.80 of the Schedule-II does not require the NSF to be so affiliated to IOA.

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It is also contented on behalf of respondent No.2 that Entry No.80 specifically refers to “Olympic/Asian/Common Wealth/National Games disciplines only” and therefore, the event in question can be considered as falling under the said entry only if the recognition had been granted by IOA. However, we find no merit in the said contention. The expression "Olympic / Asian / Common Wealth / National Games disciplines only" merely

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identifies the disciplines of sports and does not posit any affiliation with the IOA. There is no dispute that Taekwondo is one of the disciplines in which events are held in Olympics as well as Asian Common Wealth Games.

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In view of the above, the appeal is allowed to the limited extent that the directions for evaluation issued by learned Single Judge are required to be complied with by respondent No.2 and not by the appellant. Accordingly, we direct respondent No.2 to forthwith evaluate the marks of the writ petitioner and forward the same to the appellant.

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The impugned order is modified to the aforesaid extent.

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Pending application stands disposed of.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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KPS

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List No.: 1 Sl No.: 36

Karnataka Examination Authority v. Union of India

Case brief

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Karnataka Examination Authority v. Union of India

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