Madras High CourtWP/17705/2023disposed of

M.D.Dhaksinyaa v. State Of Tamil Nadu

2023-06-15Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.16801 of 2023 M.D.Dhaksinyaa ... Petitioner Vs.

1. The State of Tamil Nadu, Represented 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

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of 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- 2024 in Anna university or its affiliated Colleges under Sports Quota by taking in to account of Application bearing No.290901 dated 02.06.2023 made by the petitioner. For Petitioner :

Mr.R.Chandrasekaran For Respondents :

Mr.V.Manoharan Addl. Govt. Pleader for R1,R2&R4 Mr.U.Baranidharan for R3

O R D E R

The petitioner has come up with the present Writ petition seeking direction to the respondents 1 to 3 to consider the petitioner's claim for admission in Engineering Course for the academic year 2023-24 in Anna University or its affiliated Colleges under Sports Quota, by considering her Application No.290901 dated 02.06.2023.

2. Mr.V.Manoharan, learned Additional Government Pleader takes notice for the respondents 1, 2 and 4 and Mr.U.Bharanidharan, learned

Counsel takes notice for the third respondent. In view of the consent expressed by the learned counsel on either side, the present Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner has passed +2 during March 2023 and secured very good marks. The petitioner has learnt 'Karate' which is coming under the Sports Discipline and the petitioner is the member of the Tamil Nadu Sports Karate-Do Association, which is recognized by the fourth respondent. The petitioner has participated in various Meets/Tournaments and secured several Gold Medals and she has secured enough points to apply for Engineering Course under Sports Quota. Therefore, the petitioner applied for Engineering Course to Anna University for the academic year 2023-2024, along with all necessary documents and informations under the Sports Quota. While so, pursuant to the certificate verification, the third respondent informed the petitioner that her application cannot be considered under Sports quota. Hence, the petitioner has filed the present Writ Petition with the aforesaid prayer.

4. Learned counsel for the petitioner 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 fourth respondent has also issued a letter dated 06.01.2022 to the Chairman, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai to the effect that to include Karate in Police Spots Quota. While so, refusing to consider the petitioner's 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 petitioner's application for Engineering Course in Anna University or its affiliated Colleges under the quota for eminent sports persons for the academic year 2023-2024.

5. Learned Additional Government Pleader appearing for the respondents 1, 2 and 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 Tamil Nadu (in short 'SDAT') for the last four years and also the list of recognised National Sports Federations confirmed through the Ministry of Youth Affairs and Sports are enclosed, in which, the Tamil Nadu Sports Karate-Do Association is not included. Unless the petitioner is listed in the above said list of Recognized association, she is not eligible for getting Engineering Admission under Eminent Sports-person quota.

6. On the above said contentions heard learned counsel appearing for the third respondent 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 Karate-Do conducted by the Association is a recognized sports, she is not eligible for getting Engineering Admission under Eminent Sports-person quota. If at all the petitioner has any grievances, she 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 copy of the letter dated 04.05.2023 along with the list enabling the petitioner to workout the remedy in the manner known to law.

8. For the reasons aforesaid, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 15.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

1. The Secretary to Government, The State of Tamil Nadu, 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.

M.DHANDAPANI, J.

vji and W.M.P.No.16801 of 2023 15.06.2023