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Madras High CourtWP/17476/2023dismissed

S.Sanjana v. State Of Tamil Nadu

2023-06-13Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.16619, 16621 &16624 of 2023 S.Sanjana

...Petitioner in W.P.No.17476 of 2023

S.R.Kabish

...Petitioner in W.P.No.17477 of 2023

S.R.Kabhil

...Petitioner in W.P.No.17478 of 2023

Vs.

1.

State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

2.

The Director of Technical Education, Guindy, Chennai - 600 025.

3.

The Registrar, Anna University, Guindy, Chennai - 600 025.

4.

The Member Secretary/Chief Executive Officer, (Chief Secretary Tamil Nadu Sports Minister), Sports Development Authority of Tamil Nadu, Jawaharlal Nehru Stadium, Raja Muthia Road.

Periyamet, Chennai - 600 003.

...Respondents in all W.P's.

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Prayer in W.P.No.17476 of 2023: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the claim of the petitioner for admission in Engineering course for the academic year 2023- 24 in Anna university or its affiliated colleges under Sports Quota by taking in to account of Application bearing No.233707 dated 02.06.2023 made by the petitioner. Prayer in W.P.No.17477 of 2023: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the claim of the petitioner for admission in Engineering course for the academic year 2023- 24 in Anna university or its affiliated colleges under Sports Quota by taking in to account of Application bearing No.228721 made by the petitioner.

Prayer in W.P.No.17478 of 2023: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the claim of the petitioner for admission in Engineering course for the academic year 2023- 24 in Anna university or its affiliated colleges under Sports Quota by taking in to account of Application bearing No.226173 made by the petitioner.

In all W.P's:

For Petitioners : Mr.R.Chandrasekaran For Respondents : Mr.V.Manoharan, AGP, for R1, 2 & 4 : Mr.U.Bharanidharanm SC, for R3 C O M M O N O R D E R Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order. 2/8

2. The petitioners have come up with these Writ petitions seeking direction to the respondents 1 to 3 to consider the petitioners' claim for admission in Engineering course for the academic year 2023-24 in Anna University or its affiliated colleges under Sports Quota, by considering their respective applications.

3. Mr.V.Manoharan, learned Additional Government Pleader takes notice for the respondents 1, 2 & 4. Mr.U.Bharanidharanm learned Standing Counsel takes notice for the 3rd respondent. In view of the consent expressed by the Learned counsel on either side, these petitions are taken up for final disposal at the admission stage itself.

4. The case of the petitioners is that the petitioners herein have passed +2 during March 2023 and secured very good marks. The petitioners have learnt 'Karate' which is coming under the Sports Discipline and the petitioners are members of the Tamil Nadu Sports Karate-Do Association, which is recognized by the 4th respondent. The petitioners have participated in various Meets/Tournaments and secured several Gold Medals and they have secured enough points to apply for Engineering course under Sports 3/8

Quota. Therefore, the petitioners applied for Engineering Course to Anna University for the academic year 2023-24, along with all necessary documents and informations under the Sports Quota. While so, pursuant to the certificate verification, the 3rd respondent informed the petitioners that their case cannot be considered under Sports quota. Hence, these Writ petitions.

5. Learned counsel for the petitioners submitted that, the Tamil Nadu Sports Karate-Do Association is recognized by the Sports Development Authority of Tamil Nadu, and the respondent university is making allotment of seats for candidates under quota for eminent sports persons, in which the Karate-Do sports discipline is also included and seats were allotted under the said discipline during the academic year 2021-2022. Further, the 4th respondent has also issued a letter dated 06.01.2022 to the Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai to include Karate in Police Spots Quota. While so, refusing to consider the petitioners' case under Sports quota is not sustainable. Hence, he submitted that, it would suffice, if this Court issues direction to the respondents 1 to 3 to consider the petitioners' application for Engineering course in Anna University or its 4/8

affiliated colleges under the quota for eminent sports persons for the academic year 2023-2024.

6. Learned Additional Government Pleader appearing for the respondents 1, 2 & 4 submitted that, already the Sports Development Authority of Tamil Nadu sent a communication dated 04.05.2023 to the Director, Directorate of Technical Education, with regard to the Tamil Nadu Engineering Admissions (TNEA) 2023 under Eminent Sports person category, in which the list of State Sports Associations recognized by the Sports Development Authority of Tamilnadu (in short 'SDAT') for the last four years and also the list of recognised National Sports Federations confirmed through the Ministry of Youth Affairs & Sports are enclosed, in which, the Tamil Nadu Sports Karate-Do Association is not included. Unless the petitioners' association is listed in the above said list of Recognized association, they are not eligible for getting Engineering Admission under Eminent Sports-person quota.

7. On the above said contentions heard learned counsel appearing for the 3rd respondent and perused the materials available on record. 5/8

8. Though very many grounds have been raised by the learned counsel on either side at the time of arguments, however, as rightly pointed out by the learned Additional Government Pleader, unless the petitioners obtains a certificate to the effect that Karate-Do conducted by the Association is a recognized sport, they are not eligible for getting Engineering Admission under Eminent Sports-person quota. If at all the petitioners have any grievances, the petitioners are at liberty to challenge the rejection letter dated 04.05.2023 along with the list and the Director, Directorate of Technical Education is directed to furnish the petitioners with the copy of the letter dated 04.05.2023 along with the list enabling the petitioners to workout the remedy in the manner known to law.

9. For the reasons aforesaid, these Writ petitions stand dismissed. No costs. Consequently, connected Miscellaneous petitions are closed. 13.06.2023 skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No 6/8

To 1.

State of Tamil Nadu, Rep. By its Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

2.

The Director of Technical Education, Guindy, Chennai - 600 025.

3.

The Registrar, Anna University, Guindy, Chennai - 600 025.

4.

The Member Secretary/Chief Executive Officer, (Chief Secretary Tamil Nadu Sports Minister), Sports Development Authority of Tamil Nadu, Jawaharlal Nehru Stadium, Raja Muthia Road, Periyamet, Chennai - 600 003.

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M.DHANDAPANI., J.

skt and WMP.Nos.16619, 16621 &16624 of 2023 13.06.2023 8/8