K.Ganesan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Ganesan
...Petitioner
Vs.
1.
The State of Tamil Nadu, Rep. By its Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.
2.
The Secretary, The Selection Committee, Tamil Nadu Engineering Admission - 2023, Anna University, Chennai - 600 025.
3.
The Director - Admissions, The Directorate of Technical Education, Tamil Nadu Engineering Admission - 2023, Anna University, Chennai - 600 025.
4.
The Registrar, Anna University, Chennai - 600 025.
5.
The Chairman of Sports Board, Convenor of Sports, Committee for TNEA, Anna University, Chennai - 25.
...Respondents
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Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to call petitioner son G.Kumaraguru under the quota for eminent sports persons for the counselling to be scheduled by the respondents and consequently directing the respondents to grant Engineering college admission to the petitioner's son G.Kumaraguru under the quota for eminent sports persons in Application No.207651 for the Tamil Nadu Engineering Admissions-2023 (TNEA-2023) conducted by the respondents.
For Petitioner : Mr.N.Rajagopalan for Mr.P.Madasamy For Respondents : Mr.V.Manoharan, AGP, for R1 to R3 : Mr.U.Bharanidharanm SC, for R4 & R5
O R D E R
This Writ petition has been filed seeking direction to the respondents to call the petitioner under the quota for eminent sports persons for the counselling to be scheduled by the respondents and to consequently direct the respondents to grant Engineering college admission to the petitioner under the quota for eminent sports persons.
2. Mr.V.Manoharan, learned Addl. Government Pleader takes notice for the respondents 1 to 3. Mr.U.Bharanidharanm learned Standing Counsel takes notice for the 4th and 5th respondents. In view of the consent expressed 2/8
by the Learned counsel appearing for either side, this petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner completed his Higher Secondary Education (+2) during the 2023 and secured 378 marks and the petitioner belongs to Schedule Caste community. Pursuant to the notification issued by the 2nd respondent for the Tamil Nadu Engineering Admissions-2023 (TNEA-2023), the petitioner applied for B.E. Course in the respondent University under the quota for eminent sports persons, as the petitioner is a Silambam sports person who had participated in various state, national as well as international level competitions and won several medals. While so, pursuant to the certificate verification, the officials of the respondents informed the petitioner that the petitioner is not eligible for Sports Quota. Hence, this Writ petition.
4. Learned counsel for the petitioner submitted that, the Tamil Nadu State Silambam Association was provisionally recognised by the 2nd respondent and admission was granted under Sports category for the year 2022, while so, not recognising the same for the year 2023 is not 3/8
sustainable. Further, the petitioner's Silambam qualification was recognised by the Ministry of Youth Affairs, however, the same was not considered by the respondents. Hence, he submitted that, it would suffice if this Court issues direction to the respondents to consider the petitioner's application for B.E. Course in the respondent University under the quota for eminent sports persons for the academic year 2023-2024.
5. Learned Additional Government Pleader appearing for the respondents 1 to 3 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 also enclosed, in which, the Tamilnadu State Silambam Association is not recognized. Though it was provisionally recognised on 05.04.2022 for the year 2021-2022, however, the SDAT has withdrawn the recognition to the 4/8
Tamilnadu State Silambam Association on 27.10.2022. Unless the petitioner's association is listed in the above said list of Recognized association, they are not eligible for getting Engineering Admission under Eminent Sports-person quota.
6. On the above said contentions heard learned counsel appearing for the 4th and 5th respondents and perused the materials available on record.
7. 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 petitioner obtains a certificate to the effect that Silambam conducted by the Association is a recognized sport, they persons are not eligible for getting Engineering Admission under Eminent Sports-person quota. If at all the petitioner has any grievances, the petitioner is 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 petitioner with the coy of the letter dated 04.05.2023 along with the list enabling the petitioner to workout the remedy in the manner known to law. 5/8
8. For the reasons aforesaid, this Writ petition stands dismissed. No costs.
13.06.2023 skt Speaking Order : Yes/ No Index : Yes/ No NCC : Yes/ No To 1.
The State of Tamil Nadu, Rep. By its Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.
2.
The Secretary, The Selection Committee, Tamil Nadu Engineering Admission - 2023, Anna University, Chennai - 600 025.
3.
The Director - Admissions, The Directorate of Technical Education, Tamil Nadu Engineering Admission - 2023, Anna University, Chennai - 600 025.
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4.
The Registrar, Anna University, Chennai - 600 025.
5.
The Chairman of Sports Board, Convenor of Sports, Committee for TNEA, Anna University, Chennai - 25.
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M.DHANDAPANI., J.
skt 13.06.2023 8/8