John Winson v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.19442 of 2024 John Winson, Petitioner is represented by His Mother, Kamalam, The Natural Guardian and Next Friend.
... Petitioner Vs.
1.The Secretary to Government, Department of Higher and Technical Education, St.George Fort, Chennai.
2.The Selection Committee, Director of Medical Education and Research, Kilpauk, Chennai - 10.
3.The Secretary to Government, Youth Welfare and Sports Development Department, St.George Fort, Chennai.
4.The Member Secretary, Sports Development Authority, Jawaharlal Nehru Stadium, Raja Muthiah Road, Periyamet, Chennai - 600 003.
... Respondents (R4 is suo motu impleaded vide order dated 30.09.2024 in W.P.(MD)No.22892 of 2024 by NSKJ) 1/6
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider the objection given to the 2nd respondent and to provide the petitioner's son Mr.John Winson aged about 17 years total 205 marks under meritorious sports personnel quota for UG-NEET Courses including 95 marks as her son has secured gold medal in Tamil Nadu State Kung-Fu Wushu Championship - 2023/24 and allot admission to her son to the 1st year MBBS for the academic year 2024-2025 under the meritorious sports personnel quota for the year 2024-2025 according to the merit list by considering the representation dated 26.08.2024.
For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.T.Amjad Khan, Government Advocate for R1.
Mrs.M.Sneha, Standing Counsel for R2.
Mrs.Tanvi, Standing Counsel for R3 & R4.
ORDER
The writ petition has been filed seeking a direction to the second respondent to consider the petitioner's son's objections and provide admission for UG-NEET courses by granting additional marks.
2/6
2.The learned counsel for the petitioner contends that the petitioner is qualified in sports and got certificate from Tamil Nadu Wushu Association which is recognized by Sports Development Authority of Tamil Nadu. Similarly he has participated in Kung-Fu tournament organized by Tamil Nadu State Kung-Fu Wushu Championship 2023 - 24. However, during the counselling, only few certificates issued by Tamil Nadu Wushu Association alone were taken for consideration by the respondents whereas the certificate issued by Tamil Nadu State Kung-Fu Wushu Championship 2023 - 24 was not considered. In this regard, the petitioner had given a representation. Hence, he seeks direction. 3.Mrs.
Sneha, learned counsel appearing for the second respondent would submit that the certificate which has been recognized by Sports Development Authority of Tamil Nadu alone will be considered. Whereas the certificate issued by the Tamil Nadu State Kung-Fu Wushu Championship 2023 - 24 is not recognized by the Sports Development Authority of Tamil Nadu. She would further that as far as sports quota is concerned, certificate verification is made on 09.08.2024, 12.08.2024 and 13.08.2024 and all the seats are filled on 05.09.2024. She pressed for dismissal of the writ petition.
4.Per contra, the learned counsel for the petitioner submitted that the sports certificate has been issued by the association which has been recognized School Games Federation of India. According to the petitioner, he had got gold medal and if that certificate have been considered, he would have been awarded 95 marks. Since, the said certificate has not been considered, the petitioner was not in a position to make it to counselling.
5.Heard learned counsel on either side and perused the materials available on record.
6.The sports certificate relied upon by the petitioner has not been recognized by the Sports Development Authority of Tamil Nadu. Hence, mark could not be awarded for the petitioner. Since the counselling is over, the respondent will pass a detail order whether the certificate issued by Tamil Nadu State Kung-Fu Wushu Championship 2023 - 24 relied upon by the petitioner is recognized by the Sports Development Authority of Tamil Nadu so that the petitioner will get clarification in seeking admission for the next year. Let the fourth respondent shall pass an order on the petitioner's representation within a period of one month from the date of receipt of a copy of this order. 4/6
7.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
30.09.2024 NCC : Yes/No Index : Yes/No ias To:
1.The Secretary to Government, Department of Higher and Technical Education, St.George Fort, Chennai.
2.The Selection Committee, Director of Medical Education and Research, Kilpauk, Chennai - 10.
3.The Secretary to Government, Youth Welfare and Sports Development Department, St.George Fort, Chennai.
4.The Member Secretary, Sports Development Authority, Jawaharlal Nehru Stadium, Raja Muthiah Road, Periyamet, Chennai - 600 003.
5/6
N.SATHISH KUMAR , J.
ias 30.09.2024 (2/2) 6/6