In writ appeal, the bench dismissed the petition challenging the Single Judge's order upholding college admissions norms over the sports quota rank list. The court held no challenge was made to University norms.
Writ appeal dismissed; no order under Art. 227 to interfere with the judgment above.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WA NO. 1002 OF 2021
AGAINST THE JUDGMENT IN WP(C) 22142/2020 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANT/S:
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RESPONDENT/S:
OTHER PRESENT:
SMT. LATHA ANAND, SC FOR R1 AND R2, SRI.K.P.HARISH, SR GP FOR R3 AND R5 TO R10, SRI.P.C.SASIDHARAN, SC FOR R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
S. Manikumar, C. J.
Before the writ court, in W. P. (C) No. 22142 of 2020, petitioner
has sought for the following reliefs:-
“i) to issue a writ of mandamus or other appropriate writ direction or order to the respondents 5 to 10 to follow the Ext.P2 to P2 (e) rank lists provided by the 2nd respondent to fill up the seats reserved for the sports persons in courses at graduation level for which the petitioners applied for in respective colleges.
ii) to issue writ of mandamus directing the respondents 5 to 10 to strictly follow the Ext.P4 Government order while by filling up the seats reserved for sports quota set a part by the said Government order in their colleges for BA. B.Sc. and B.Com Courses.
iii) to declare that the respondents 5 to 10 are bound to follow the Ext.P4 Government order while filling up the seats reserved for sports persons.
iv) to issue a writ of mandamus or other appropriate writ direction or order directing the respondents not to violate Ext.P4 Government order and ignore the rank lists supplied by the 2nd respondent to fill up the seats reserved for sports persons at
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graduation levels in the respective colleges.”
According to the petitioners, they have very high achievements
in sports at National level and State level competitions. Petitioners have passed Higher Secondary examination and become eligible to get admission at graduation level. Petitioners have applied for B.A., B.Sc and B.Com. in Government colleges, impleaded as respondents 5 to 10, as against sports persons quota reserved for sports persons.
Petitioners have contended that the Government have issued Ext. P4 order, reserving seats for sports in Governments colleges, and authorized Kerala Sports Council to prepare rank list of eligible candidates to fill up the sports quota. The District Sports Council, represented by its Secretary, the 2nd respondent, has prepared rank list of sports persons and furnished the same to respondents 5 to 10 colleges. But respondents 5 to 10 have not followed the rank list furnished by the Sports Council.
Petitioners have further contended that respondents 5 to 10, without following the rank list submitted by the Sports Council, have
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taken steps to fill up the seats by other means. It is also contended that seats reserved for sports persons by virtue of the Government order have to be filled up from the rank list furnished by the Sports Council.
“7. I have considered the contentions advanced. It is apparent that the admission to sports quota in affiliated colleges is a matter governed by circulars and instructions issued by the University. It is stated that the rules for admission have been prescribed by the University and respondents 5 to 10 are carrying out admissions on the basis of such instructions issued. The said instructions are not under challenge in the writ petition. The contention of the petitioners is simply that they have certificates from recognised associations and that they are included in the lists prepared by the Sports Council for admission to Government colleges in Kozhikode. Having considered the contentions advanced, I am of the opinion that since specific norms have been prescribed by the University and since respondents 5 to 10 are following the norms prescribed by the University for admission to sports quota seats in the Arts & Science colleges, the contention of the petitioners that they are eligible for admission on the basis of Ext.P2 series of list cannot be accepted. No challenge has also been raised to the norms framed or the guidelines issued by the University.
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In the above view of the matter, I am of the opinion that the prayers sought for in the writ petition cannot be allowed. The writ petition fails and the same is, accordingly, dismissed.”
grounds:-
C. It is submitted that the constitution and function of the Sports Council is dealt with in the Kerala Sports Act 2000, i.e. Act 2 of 2001, and the registration of Sports organization is dealt with in Section 31 of the said Act and in the Rule 55 of the Rules framed thereunder by which the Atya Patya Association is recognized by the Sports Council. That event is derecognized by the impugned judgment of the learned Single Judge for college admission. It is
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illegal.
D. The appellants achievements in that event is not even considered by the learned Single Judge. The University's power in academic matters is not germane for consideration in this case and that power is not in conflict with Sports Council's power in selecting sports personal on the basis of Ext.P4 Government Order and the Act and Rules.
“4. It is submitted that all the petitioners are having certificates in the sport Atya Patya which is not included in the approved list of sports events of AIU as per the sports calendar published for conduct the of All India Inter University Competitions 2019-20 and is also not included in the approved list of games of Calicut University Inter collegiate Tournaments. Thus selection of the above students who have representation in a sport item which is not included in the schedule of approved sporting events as per the sports calendar of Association of Indian Universities or in the list of sporting disciplines approved
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for Calicut University Inter collegiate events will not be beneficial either for the college or for the University. Further it will deny opportunity of other sports students who have performance to their credit in the approved sporting disciplines which are included in the schedule for conduct of Inter University and Inter collegiate sports for 2019-20.
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counsel for the University, submitted that the University have
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prescribed norms for the admission for seats reserved in sports quota for UG courses and admissions to all the affiliated colleges under the University, and the same is carried out in accordance with the admission procedures approved by Academic Council, Senate and Syndicate of the University.
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been made against the norms framed or the guidelines issued by the University.
In the light of the above discussion, we are not inclined to
interfere with the judgment of the learned Single Judge.
Accordingly, writ appeal is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUEGE
2 issues framed by the court
Whether the High Court can interfere with the single judge's dismissal of the writ petition regarding sports quota admissions.
Whether the University's norms for sports quota admissions conflict with the Government Order.
Muhaenul Aswad and others
University of Calicut
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
