Kerala High Court
Vinay Thomas Abraham vs Kerala State Sports Council on 5 August, 2019
Equivalent citations: AIRONLINE 2019 KER 283
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.17920 of 2019
PETITIONERS:
VINAY THOMAS ABRAHAM
AGED 18 YEARS
S/O.THOMAS ABRAHAM, PUNNAMMOOTTIL, SRA F-1, SOUMYA
NAGAR, ALINCHUVADU, EDAPPALLY P.O., KOCHI-682024.
BY ADV. SRI.M.P.ASHOK KUMAR
RESPONDENTS:
1 KERALA STATE SPORTS COUNCIL
NEAR SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY
ITS SECRETARY -695001.
2 PRESIDENT,
KERALA STATE SPORTS COUNCIL, NEAR SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION,
FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
4 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SPORTS
AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-
695001.
ADDL. SEIRA MARIA JOE,
R5. APPLICATION NO.1156814, THEKKUMKATTIL, MUTTOM, MUTTOM
P.O., IDUKKI 685 587.
ADDL. SUJITHRAJ U MALLAN,
R6. APPLICATION NO.1102756, SIVAPRASADAM, 27/14A,
AN PURAM, TD WEST GATE IRON BRIDGE P.O., ALAPPUZHA.
ADDL. ANEX RON PHILIP,
R7. APPLICATION NO.1223991, PALLONNIL,SREEKANDAPURAM,
KARITHAPRAM, KANNUR-670631.
WP(C).17920/19, 17995/19, 18203/19, 2
18376/19,19257/19 & 20720/19
ADDL. SANORY XAVIER,
R8. APPLICATION NO.1154543, THERMADAM HOUSE, MANALY,
CHIRANELLUR, THRISSUR-680 501.
ADDL. JYOTHIR R,
R9. APPLICATION NO.1120822, SAROVARAM, PRALEYAGIRI,
THYCAUD P.O., THIRUVANANTHAPURAM-695 143.
ADDL. VARSHA T.P.
R10. APPLICATION NO. 1126554,SUDHA VIHAR, PILANKAD,
KOTTEKKAD, PALAKKAD-678 732.
ADDL. ASWATHY JAYAKUMAR,
R11. APPLICATION NO.1145018, SAYOOGYAM, PRANAVAM,
GARDENS, MANNATHALA, THIRUVANANTHAPURAM.
ADDL. HANIT E JOLLY,
R12. APPLICATION NO.1126395,EDAKKALATHOOR HOUSE,
PAVARATTY, THRISSUR-680507.
ADDL. AMRITHA ARAVIND,
R13. APPLICATION NO.1133547, SOUPARNIKA, MARUVAPPADAM,
KANNADI, PALAKKAD-678701.
ADDL.R5 TO R13 ARE IMPLEADED AS PER ORDER DATED
03.07.2019 IN IA 01/2019 IN WPC 17920/2019.
ADDL. UNION OF INDIA
14 REPRESENTED BY SECRETARY, MINISTRY OF SPORTS AND
YOUTH AFFAIRS, GOVERNMENT OF INDIA, C-WING, SHASTRI
BHAWAN, NEW DELHI-110 001.
ADDL. SPORTS AUTHORITY OF INDIA,
15 REPRESENTED BY ITS DIRECTOR GENERAL, JAWAHARLAL
NEHRU STADIUM COMPLEX (EAST GATE) LODHI ROAD,
NEW DELHI-110 001.
ADDL.R14 AND R15 ARE IMPLEADED AS PER ORDER DATED
23.07.2019 IN IA 2/2019.
BY ADVS.
R1 & R2 BY SMT.LATHA ANAND, STANDING COUNSEL
R3 & R4 BY SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.BENOY THOMAS
SRI.BLAZE K.JOSE
SRI.C.A.CHACKO
SRI.G.SUDHEER
SRI.S.P.ARAVINDAKSHAN PILLAY
KUM.ABHIRAMI K. UDAY
SHRI.VISHNU V.K.
WP(C).17920/19, 17995/19, 18203/19, 3
18376/19,19257/19 & 20720/19
SMT.N.SANTHA
SMT.SHEENAMOL VARGHESE
SRI.PAULSON THOMAS
SRI.PETER JOSE CHRISTO
SRI.R.HARIKRISHNAN (H-308)
SRI.S.A.ANAND
SRI.V.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
1.8.2019, ALONG WITH WP(C).17995/2019, WP(C).18203/2019,
WP(C).18376/2019, WP(C).19257/2019, WP(C).20720/2019, THE COURT
ON 5.8.2019 DELIVERED THE FOLLOWING:
WP(C).17920/19, 17995/19, 18203/19, 4
18376/19,19257/19 & 20720/19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.17995 of 2019
PETITIONER:
JYOTHIR. R
AGED 19 YEARS
S/O. RENJITH, SAROVARAM,PRALAYAGIRI, THOKKADU P.O.,
VARKALA, THIRUVANANTHAPURAM.
BY ADVS.
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE COMMISSIONER OF ENTRANCE EXAMINATION,
COMMISSIONERATE OF ENTRANCE EXAMINATION,
THIRUVANANTHAPURAM - 695 011.
3 SPORTS COUNCIL OF KERALA,
REPRESENTED BY ITS SECRETARY, SPORTS COUNCIL
OFFICE, THIRUVANANTHAPURAM - 695 001.
4 SUJITH RAJU MALLAN,
S/O. UMESH KUMAR, SIVAPRASADAM, 27/14A, A N PURAM,
TD WEST GATE, IORN BRIDGE P.O.,
ALAPPUZHA - 688 001.
5 VINAYA THOMAS,
S/O. THOMAS ABRAHAM, AGED 19 YEARS, SRA F1, SOUMYA
NAGAR, ALUMCHUVADU, EDAPPALLY, ERNAKULAM.
WP(C).17920/19, 17995/19, 18203/19, 5
18376/19,19257/19 & 20720/19
ADDL. ANUGRAH JYOTHY P.M,
R6 PEEDIKAKANDY HOUSE,
PAYYADIMMETHAL,,PANATHEERANKAVAU, KOZHIKODE-673019.
ADDL. ADARSH A.D,
R7 ARAMPADITHARA,(USHAS),VAIKOM P.O, KOTTAYAM
ADDL. SUNISHA N.S,
R8 NANDANAM VALLOOKONAM, VALICODE, NEDUMANGAD P.O,
THIRUVANANTHAPURAM-695 541
ADDL. ANTONY P.ALAPPAT,
R9 ALAPPAT HOUSE BEHIND GOVERNMENT HIGH SCHOOL,
PUDUKAD P.O, THRISSUR- 680301.
ADDL. ANJU KISHOR T,
R10 THARAYIL HOUSE, MOOTHAKUNNAM P.O, MOOTHAKUNNAM,
ERANAKULAM-683516.
ADDL. SANORY XAVIER,
R11 THERMADAM HOUSE, MANALY CHIRANELLUR, THRISSUR-
680501(ADDL.R6 TO R11 ARE IMPLEADED AS PER ORDER
DATED 26.7.2019 IN IA.2/2019)
BY ADVS.
R8 BY SRI.GEORGE POONTHOTTAM (SR)
SMT.NISHA GEORGE
R3 BY SMT.LATHA ANAND, SC
R1 & R2 BY SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER
SRI.BENOY THOMAS
R11 BY SRI.C.A.CHACKO
R10 BY SRI.M.GOPIKRISHNAN NAMBIAR
R5 BY SRI.M.P.ASHOK KUMAR
SRI.JOSON MANAVALAN
SRI.K.JOHN MATHAI
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
R4 BY SRI.PAULSON THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2019, ALONG WITH WP(C).17920/2019, WP(C).18203/2019,
WP(C).18376/2019, WP(C).19257/2019, WP(C).20720/2019, THE COURT
ON 5.8.2019 DELIVERED THE FOLLOWING:
WP(C).17920/19, 17995/19, 18203/19, 6
18376/19,19257/19 & 20720/19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.18203 of 2019
PETITIONERS:
1 ANJU KISHOR.T
AGED 18 YEARS
D/O. DR. KISHOR KUMAR T. R., THARAYIL HOUSE,
MOOTHAKUNNAM, NORTH PARAVOOR, ERNAKULAM - 683 516
2 ANNMOL SHAJI
AGED 19 YEARS
D/O. SHAJI VARGHESE, THALIYAPARAMBIL HOUSE,
MALA P. O., VADAMA, CHALAKKUDY, THRISSUR - 680 732
BY ADVS.
SRI.P.GOPINATH (SR.)
SRI.JOSON MANAVALAN
SRI.K.JOHN MATHAI
SRI.KURYAN THOMAS
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.PAULOSE C. ABRAHAM
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, SPORTS AND
YOUTH AFFAIRS (A) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
OFFICE OF THE COMMISSIONER OF ENTRANCE
EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001
3 THE KERALA SPORTS COUNCIL
REPRESENTED BY ITS SECRETARY, STATUE ROAD,
WP(C).17920/19, 17995/19, 18203/19, 7
18376/19,19257/19 & 20720/19
THIRUVANANTHAPURAM - 695 001
4 SUJITHRAJ U MALLAN
SIVAPRASADAM, 27/14A, A. N. PURAM, T.D. WEST GATE,
IRON BRIDGE P. O., ALAPPUZHA - 688 011
5 SANOJ XAVIER
THERMADAM HOUSE, MANALY CHIRANELLUR,
THRISSUR - 680 501
6 JYOTHIR R.
SARAVORAM, PRALEYAGIRI, THOKKADAU P. O.,
THIRUVANANTHAPURAM - 695 143
7 VARSHA T. P.
SUDHA VIHAR, PILANKAD, KOTTEKKAD, PALAKKAD - 678732
8 ASWATHY JAYAKUMAR
SAYOOGYAM, PRANAVAM GARDENS, MANNANTHALA,
THIRUVANANTHAPURAM - 695 015
9 AMRITHA ARAVIND
SOUPARNIKA, MARUVAPPADAM, KANNADI,
PALAKKAD - 678 701
10 SREE LEKSHMI KRISHNANKUTTY
KRISHNAKRIPA, 7/1395, PIRIVUSALA, CHANDRANAGAR,
PALAKKAD - 678 007
BY ADVS.
R3 BY SMT.LATHA ANAND, STANDING COUNSEL
R1 & R2 BY SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER
SRI.BENOY THOMAS
SRI.C.A.CHACKO
SRI.G.SUDHEER
SRI.PAULSON THOMAS
SRI.R.HARIKRISHNAN (H-308)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2019, ALONG WITH WP(C).17920/2019, WP(C).17995/2019,
WP(C).18376/2019, WP(C).19257/2019, WP(C).20720/2019, THE COURT
ON 5.8.2019 DELIVERED THE FOLLOWING:
WP(C).17920/19, 17995/19, 18203/19, 8
18376/19,19257/19 & 20720/19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.18376 of 2019
PETITIONER:
HANIT E. JOLLY
AGED 19 YEARS
D/O JOLLY E.J, EDAKALATHUR HOUSE, JOLLY VILLA,
PAVARATTY P.O.THRISSUR DISTRICT-680 507.
BY ADVS.
SRI.GEORGE MATHEW
SHRI.GEORGE K.V.
SHRI.MATHEW K.T.
SHRI.PRAVEEN S.
SHRI.SUNIL KUMAR A.G
SRI.DIPU JAMES
SRI.M.D.SASIKUMARAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY TO GOVERNMENT OF KERALA,
SPORTS AND YOUTH AFFAIRS (A) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION, NEAR GENERAL
HOSPITAL, THIRUVANANTHAPURAM-695 001.
4 THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695 001.
5 THE KERALA STATE SPORTS COUNCIL,
REPRESENTED BY ITS SECRETARY, STATUE ROAD,
THIRUVANANTHAPURAM-695 001.
6 SUJITHRAJ U MALLAN,
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER),
WP(C).17920/19, 17995/19, 18203/19, 9
18376/19,19257/19 & 20720/19
SIVAPRAADAM, 27/14A, A.N. PURAM, T.D WEST GATE,
IRON BRIDGE P.O., ALAPPUZHA-688 011.
7 SANORY XAVIER
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER )
THERMADAM HOUSE, MANALY CHAIRANELLUR,
THRISSUR-680 501.
8 JYOTHIR R,
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER )
SARAVORAM, PRALEYAGIRI, THOKKADAU P.O.,
THIRUVANANTHAPURAM-695 143.
9 VARSHA T.P,
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER),
SUDHA VIHAR, PILANKAD, KOTTEKKAD, PALAKKAD-678 732.
10 ASWATHY JAYAKUMAR,
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER),SAYOOGYAM, PRANAVAM GARDENS,
MANNANTHALA, THIRUVANANTHAPURAM-695 015.
11 AMRITHA ARAVIND,
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER),SOUPARNIKA, MARUVAPPADAM, KANNADI,
PALAKKAD DISTRICT-678 701.
12 SREE LAKSHMI KRISHNANKUTTY,
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER),KRISHNAKRIPA 7/1395,PIRIVUSALA,
CHANDRANAGAR, PALAKKAD DISTRICT-678 007
BY ADVS.
R5 BY SMT.LATHA ANAND, STANDING COUNSEL
R1 TO R4 BY SRI.M.A.ASIF, SPECIAL.GOVERNMENT
PLEADER
SRI.BENOY THOMAS
R7 BY SRI.C.A.CHACKO
R8 BY SRI.G.SUDHEER
R6 BY SRI.PAULSON THOMAS
SRI.R.HARIKRISHNAN (H-308)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2019, ALONG WITH WP(C).17920/2019, WP(C).18203/2019,
WP(C).17995/2019, WP(C).19257/2019, WP(C).20720/2019, THE COURT
ON 5.8.2019 DELIVERED THE FOLLOWING:
WP(C).17920/19, 17995/19, 18203/19, 10
18376/19,19257/19 & 20720/19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.19257 of 2019
PETITIONER:
SUJITHRAJ.U.MALLAN
AGED 19 YEARS
S/O.UMESHKUMAR.S., 27/14A, SIVAPRASADAM,
T.D.WEST GATE, A.N.PURAM, ALAPPUZHA, PIN-688 011.
BY ADVS.
SRI.BENOY THOMAS
SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, SPORTS AND
YOUTH AFFAIRS(A) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
OFFICE OF THE COMMISSIONER OF ENTRANCE
EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
3 THE KERALA SPORTS COUNCIL,
REPRESENTED BY ITS SECRETARY, STATUE ROAD,
THIRUVANANTHAPURAM-695 001.
4 ANUGRAH JYOTHY.P.M.,
PEEDIKAKANDY HOUSE, PAYYADIMEETHAI, PANTHEERANKAVU,
KOZHIKODE, PIN-673 019.
WP(C).17920/19, 17995/19, 18203/19, 11
18376/19,19257/19 & 20720/19
5 ADARSH.A.D.,
ARAMPADITHARA(USHUS) VAIKOM, KOTTAYAM, PIN-686 141.
6 SUNISHA.N.S.,
NANDANAM, VALLOOKONAM, VALICODE, NEDUMANGAD P.O.,
TRIVANDRUM, PIN-695 541.
BY ADVS.
R3 BY SMT.LATHA ANAND, STANDING COUNSEL
R1 & R2 BY SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER
R6 BY SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.SYAM J SAM
SMT.NISHA GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2019, ALONG WITH WP(C).17920/2019, WP(C).18203/2019,
WP(C).17995/2019, WP(C).18376/2019, WP(C).20720/2019, THE COURT
ON 5.8.2019 DELIVERED THE FOLLOWING:
WP(C).17920/19, 17995/19, 18203/19, 12
18376/19,19257/19 & 20720/19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.20720 of 2019
PETITIONER:
SUNISHA N.S (MINOR),
D/O.SHANAVAS A., RESIDING AT NANDANAM,
VALLOORKONAM, VALICODE, NEDUMANGAD P.O.,
THIRUVANANTHAPURAM - 695 541.
REPRESENTED BY GUARDIAN
SHANAVAS A., S/O.S.ABDUL KHARIM, AGED 48 YEARS,
RESIDING AT NEDUMANGAD P.O.,
THIRUVANANTHAPURAM - 695 541.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENTS:
1 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,
OFFICE OF THE COMMISSIONER OF ENTRANCE
EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.
2 KERALA SPORTS COUNCIL,
YMCA ROAD, STATUE, PALAYAM, THIRUVANANTHAPURAM,
KERALA -695 001, REPRESENTED BY THE SECRETARY.
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS,
VAZHUTHACAUD - POOJAPPURA ROAD JUNCTION, DPI,
JAGATHY P.O., THIRUVANANTHAPURAM -695 014.
4 SUJITHRAJ U.MALLAN,
S/O.UMESH KUMAR S., 26/14A, SIVAPRASADAM, T.D.WEST
GATE, A.N.PURAM, ALAPPUZHA - 688 011.
WP(C).17920/19, 17995/19, 18203/19, 13
18376/19,19257/19 & 20720/19
R2 BY SMT.LATHA ANAND, STANDING COUNSEL
R1 & R3 BY SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2019, ALONG WITH WP(C).17920/2019, WP(C).18203/2019,
WP(C).17995/2019, WP(C).18376/2019, WP(C).19257/2019, THE COURT
ON 5.8.2019 DELIVERED THE FOLLOWING:
WP(C).17920/19, 17995/19, 18203/19, 14
18376/19,19257/19 & 20720/19
J U D G M E N T
These writ petitions are filed by the applicants for MBBS course as per the KEAM Prospectus - 2019 in the sports quota, challenging award of grace marks and subsequent Government Order dated 7.3.2019 modifying the category list under the sports quota and for other consequential reliefs. Therefore, I heard them together and propose to pass this common judgment. So also many of the petitioners in the writ petitions are respondents in the connected writ petitions and the issues raised are also intertwined.
2. In W.P.(C) No.17920/2019, it is contended that, petitioner having participated in the Common Wealth Chess Championship - 2018 held in New Delhi from 26th June to 3rd July, 2018, he is entitled to get 86 marks as per Priority No.15 of Ext.P1 norms, for allotting grace marks in sports quota admission to professional degree courses in Kerala. However, petitioner was only awarded with 61 marks as per priority No.40 of Ext.P1. Thereupon petitioner has submitted an application before the Sports Council WP(C).17920/19, 17995/19, 18203/19, 15 18376/19,19257/19 & 20720/19 seeking to correct the same and thereupon petitioner is awarded with 77 marks as per priority No.24 of Ext.P1. Priority No.15 of Ext.P1 deals with representing India in Common Wealth Games/Asian Games. Priority No. 40 is relating to representing State/combined All India Navodaya/All India Kendriya Vidyalaya Sankadan team in All India School Games organised by School Games Federation of India (SGFI) and wining 1st place and priority No.24 relates to representing India in the Asian School Games/Asian Championship for Junior/Youth. According to the petitioner,since the petitioner has participated in the Common Wealth Chess Championship, petitioner is entitled as of right to secure 86 marks as per priority No.15, which is stoutly opposed by the learned Special Government Pleader who, has filed a detailed statement.
3. So also the Sports Council i.e., the 1st respondent has filed a counter affidavit refuting the claims and demands raised by the petitioner. Among other contentions it is stated that, there is no error in the process for preparation of lists for WP(C).17920/19, 17995/19, 18203/19, 16 18376/19,19257/19 & 20720/19 admission to KEAM - 2019 through sports quota, as alleged. It is specifically stated that petitioner is not entitled for 86 marks for participation in Common Wealth Chess Championship, as alleged. The norms for selection of candidates for admission to professional courses under sports quota for which seats are reserved for sports persons as per clause 5.2.16 of KEAM prospectus have been given as Annexure XVIII(ii), where priority No.15 against the order of priority for selection relates to representing India in Common Wealth Games/Asian Games. Petitioner has participated only in Common Wealth Chess Championship conducted by an organisation within India. It is further stated that, Common Wealth Chess Championship and Common Wealth Games are two different games. Common Wealth Games is an official meet represented by the Common Wealth countries in various sports disciplines. Common Wealth championship claimed by the petitioner is not an approved one and it is an invitation tournament organised by Federations for that particular discipline only. It does not come under Sub Junior International competition and Sub WP(C).17920/19, 17995/19, 18203/19, 17 18376/19,19257/19 & 20720/19 Junior international competition are approved championships organised by the concerned International Federations with prescribed rules and regulations. That apart it is stated that, authenticity of Ext.P2 certificate had already been done by the office of the Sports Council and non- inclusion of the same in the tabulated list prepared by the office of the Sports Council is not correct and hence denied.
4. Common Wealth Games is an international, multi-sport event involving athletes from Common Wealth Nations and the event was first held in 1930 and takes places every four years. The games are described as the 3rd largest multi-sport event in the world after Olympics and Asian Games. Therefore, it is submitted that considering all these aspects, the Prospectus Revamp committee (PRC) fixed the order of priority for selection of candidates, which can noway be altered or changed. 5. Petitioner has requested to include him in the team rank list retaining his individual rank list as well. But the request has been rejected by the Commissioner for Entrance WP(C).17920/19, 17995/19, 18203/19, 18 18376/19,19257/19 & 20720/19 Examinations as per letter dated 1.7.2019 in view of the provisions contained under clause 5.2.16 of KEAM Prospectus - 2019, which says that, the allotment will start with the event whether individual or team, to which a candidate secured highest index marks from among the candidates considered exclusively for sports quota reservation seats. However, considering the request received from the petitioner, along with the mail dated 26.4.2019 received from the All India Chess Federation stating that, the concerned championship (Common Wealth Chess Championship) is an approved international championship and accordingly, considering the merits of the championship, the same has been placed equivalent to that of Asian championship for Juniors and the certificate for the same has been awarded 77 marks as per the norms priority No.24. That apart it is pointed out that, the award of 77 marks is challenged in one of the captioned writ petitions viz., W.P.(C) No.17995/2019 alleging that the Commissioner for Entrance Examinations with malafide intention awarded higher marks to the petitioner, who is not qualified to get WP(C).17920/19, 17995/19, 18203/19, 19 18376/19,19257/19 & 20720/19 such marks.
6. An additional counter affidavit is filed by the 1st respondent in compliance with the directions issued by this court as per order dated 23.7.2019 producing all the certificates of the applicants, who are awarded with sports quota marks.
7. The 6th respondent i.e., the petitioner in W.P.(C) No.19257/2019 has also filed a detailed counter affidavit refuting the claims and demands raised by the petitioner and also submitting that, 6th respondent is entitled to get 53 marks on the basis of Ext.R6(d) certificate of participation representing the State in the All India School Games organised by SGFI in the event, Chess.
8. In W.P.(C) No.17995/2019 the claim raised by the petitioner is that, petitioner participated and won 3rd position in the Kerala State Under 25 Chess Championship conducted by the Chess Association of Kerala organised by the Chess Association of Thiruvananthapuram on 12th January, 2019 and 13th January, 2019 at Thiruvananthapuram and he is issued with Ext.P1 certificate of merit. Therefore, as per WP(C).17920/19, 17995/19, 18203/19, 20 18376/19,19257/19 & 20720/19 the priority No. 62 of norms for allotting grace marks, petitioner is entitled to get 39 marks. He was only given 34 marks stating the reason that, the present Chess Association of Kerala Federation is not an affiliated organisation and therefore, petitioner is entitled to get only 34 marks for representing the District in the State championship for Junior/Youth, in the premise that, in order to secure 34 marks as per priority No. 62, petitioner should have represented the district in State championships organised by approved State Associations for Junior/Youth and winning 3rd place. The contention of the petitioner is that, as per Ext.P8 produced along with the reply statement, a learned Single Judge has set aside the order of suspension of recognition of the said Association, and even though the said judgment was reversed as per Ext.P9 judgment by the Division Bench of this court in Writ Appeal No.11 of 2018, and the Sports Council was directed to conclude the proceedings initiated against the Association in an expeditious manner with notice to all parties concerned, the judgment of the Division Bench is WP(C).17920/19, 17995/19, 18203/19, 21 18376/19,19257/19 & 20720/19 stayed by the Apex Court, evident from Ext.P10 order dated 13.4.2018 and therefore, as of right petitioner is entitled to get 39 marks as specified above on the basis of Ext.P8 judgment. Therein the petitioner has also a case that, the marks awarded to the 4 th & 5th respondents, who are petitioners in W.P.(C) No.19257/2019 & W.P.(C) No.17920/2019 are not correct.
9. The 4th respondent has filed a counter affidavit stating that, 4th respondent is entitled to get the marks awarded by the Sports Council taking into account the merit of the 4th respondent. Anyhow the contentions put forth by the 4 th respondent will be dealt with elaborately when the said writ petition filed by him is considered. It is also contended by the 4th respondent that, all the necessary parties, who are given with highest ranks are not impleaded by the petitioner since they are necessary parties and therefore, the writ petition is also bad on that account.
10. W.P.(C) No.18203/2019 is filed by the petitioners basically challenging Ext.P2 norms for WP(C).17920/19, 17995/19, 18203/19, 22 18376/19,19257/19 & 20720/19 allotting grace marks for sports quota issued by the State Government dated 7.3.2019 revising the existing criteria for allotting marks for sports quota admission for professional degree courses in Kerala and also seeking direction to respondents 1 to 3 i.e., the State Government, the Commissioner for Entrance Examinations and the Kerala State Sports Council to consider only the eligibility criteria specified in Ext.P1 and by ignoring the changes brought about by Ext.P2 criteria and also for a writ of mandamus directing the Commissioner for Entrance Examinations to fill-up the 7th seat reserved for sports quota in the MBBS stream to the candidate having the highest marks in the selection process without reference to whether such student had participated in a team event or individual event in terms of clause 5.2.16 of Ext.P1. According to the 1 st petitioner therein, she was a part of Ball Badminton team which secured third place in the National Junior Girls' Ball Badminton Championship held at Karnataka and second petitioner is also a Badminton player, who has represented Kerala State for South Zone WP(C).17920/19, 17995/19, 18203/19, 23 18376/19,19257/19 & 20720/19 championship in woman section and obtained 3rd place.
11. The thrust of the contention advanced is that, after the last date for submission of applications, 1st respondent issued Ext.P2 Government Order modifying the criteria for award of grace marks under sports quota. The said Government Order issued after the last date for submission of applications modifying the eligibility criteria is arbitrary and illegal and adversely affecting the petitioners and further that, the seats reserved for sports quota are to be equally distributed among the candidates eligible under team events and individual events. It is also submitted, the number of seats reserved for sports quota is 9 i.e., 7 for MBBS and 2 for BDS and thus it is not possible to equally distribute the seats. Therefore, the last seat ought to be allotted to the candidate with highest mark and not based on whether he or she falls in the individual or team event category.
12. The 2nd respondent therein i.e., the Commissioner for Entrance Examinations has filed a detailed counter affidavit refuting the allegations WP(C).17920/19, 17995/19, 18203/19, 24 18376/19,19257/19 & 20720/19 and claims and demands raised by the petitioners and also pointing out that the State Government is vested with powers to amend the prospectus in terms of the conditions contained under the prospectus and therefore, the challenge made by the petitioners to Ext.P2 revised criteria cannot be sustained. That apart it is submitted that, on 3.7.2019 by virtue of the Government Order dated 7.3.2019 existing procedure for allotting grace marks for sports quota admission for professional degree courses in the State was revised by the Government, whereby Annexure XVIII(ii) containing 59 priority items forming part of the prospectus was amended by incorporating 67 priority items.
13. The sum and substance of the contention advanced is, as provided under clause 1.6 of the prospectus, Government is having powers to amend the prospectus. Therefore, Ext.P2 order was issued by the Government on the basis of the powers conferred on the Government to amend the prospectus suitably in accordance with the requirements. That apart it is stated that, as per Ext.P1 prospectus, the last date WP(C).17920/19, 17995/19, 18203/19, 25 18376/19,19257/19 & 20720/19 for submission of application was on 28.2.2019, which was later extended to 4.3.2019. Subsequently the said date was extended to 13.5.2019 providing facility for online submission of fresh applications and addition of course to the already submitted application from 13.5.2019 to 20.5.2019 5 p.m. So also it is submitted, the above time enlargement upto 20.5.2019 was available to all category of applicants including NK-1 and NK-II, evident from Ext.R2(a). Therefore, consequent to the extension of time as notified in Ext.R2(a), a total of 2270 new applications were received by the 2nd respondent. Therefore, in view of the time extension granted subsequent to the amendment of Annexure XVIII(ii) as per the Government Order dated 7.3.2019, the case projected by the petitioner cannot survive.
14. That apart it is submitted that clause 1.1 of the prospectus specifically instructs the applicants to go through the prospectus carefully and acquaint themselves with all relevant informations relating to the examinations/allotments. As per the said clause, candidates are also required WP(C).17920/19, 17995/19, 18203/19, 26 18376/19,19257/19 & 20720/19 to visit the website of the Commissioner for Entrance Examinations regularly for notifications and announcements. So also it is submitted that, the contentions raised by the petitioner for allotment of the 7th seat to the highest mark holder is not in accordance with the stipulations contained under the prospectus, since no alterations are made to the requirement in the matter of consideration of the sports quota consequent to the Government Order dated 7.3.2019. That apart it is highlighted that, the category list had already been published and the petitioners having found that there is remote chance for their admission in the desired discipline, they are not entitled to challenge the said provision after the publication of the category list and names of probable candidates likely to be admitted are revealed. That apart, it is submitted, if the petitioners were really aggrieved by the provisions contained under clause 5.2.16 of the prospectus regarding alternative allotment of the seats between the team and individual candidates taking highest index as first allotment they should have challenged WP(C).17920/19, 17995/19, 18203/19, 27 18376/19,19257/19 & 20720/19 the same at first instance and not at the fag end of admission process so as to cause utter chaos and confusion and inconvenience to other applicants. Therefore, petitioners have approached this court at a very belated stage, and not with clean hands. Annexure 2 is the list of eligible candidates prepared on the basis of Annexure XVIII(ii) of KEAM Prospectus - 2019. Therefore, according to the 2 nd respondent, no manner of interference is warranted to, as is sought for by the petitioners.
15. Fourth respondent has also filed a counter affidavit, who is the petitioner in W.P.(C) No.19257/2019 reiterating the stand adopted in the counter affidavit filed in the earlier two writ petitions and also contending that 4th respondent is entitled to get 53 marks in accordance with Ext.R4(d) certificate of participation in the National School Games issued to the petitioner by the SGFI. A reply affidavit is filed by the petitioner reiterating the stand adopted in the writ petition and also contending that the 4th respondent is entitled to get only 43 marks out of 100 and other contentions raised WP(C).17920/19, 17995/19, 18203/19, 28 18376/19,19257/19 & 20720/19 by the 4th respondent that 4th respondent is entitled to get 53 marks, is not sustainable under law.
16. W.P.(C) No.18376/2019 is filed by an applicant for MBBS seeking to quash Ext.P2 Government Notification dated 7.3.2019 and also seeking direction to respondents 1 to 5 i.e., the State and its authorities to consider only eligibility criteria specified in Ext.P1 norms for selection of candidates in sports quota having only 59 categories by ignoring the changes brought about in Ext.P2 and also seeking direction to the said respondents to fill-up the seats reserved for sports quota in the MBBS course by allotting the first seat to the eligible candidate in individual item and then to qualified participants in team events and a further direction to the said respondents to increase the number of seats of sports quota for professional degree courses.
17. Therein the State Government has filed a memo producing a list of eligible candidates prepared on the basis of Annexure XVIII(ii) of the KEAM Prospectus - 2019. The 6th respondent i.e., the petitioner in W.P.(C) No.19257/2019 has also filed a WP(C).17920/19, 17995/19, 18203/19, 29 18376/19,19257/19 & 20720/19 detailed counter affidavit reiterating the stand adopted in the writ petition filed by him as well as in the counter affidavit filed in the writ petitions.
18. Fourth respondent i.e., the Commissioner for Entrance Examinations has also filed a detailed counter affidavit justifying its stand in issuing Ext.P2 Government Order dated 7.3.2019. A reply affidavit is filed by the 6 th respondent to the memo and Annexure-1 list attached thereto, filed by Special Government Pleader dated 18.7.2019 basically contending that, name of the 6 th respondent got removed when the list prepared on the basis of directions issued by this court in one of the writ petitions and also contending that such mistake ought not have been happened and therefore, Annexure-1 may not be accepted at all.
19. A reply affidavit is filed by the petitioner to the memo submitted by the Special Government Pleader, also producing Annexure A1 chart to demonstrate the consequences, as per Ext.P1 and Ext.P2. Therefore, the sum and substance of the contention advanced by the petitioner is that, WP(C).17920/19, 17995/19, 18203/19, 30 18376/19,19257/19 & 20720/19 consequent to the introduction of the revised norms as per the Government Order dated 7.3.2019 complex situations have arisen, whereby the chance of the candidates applied under sports quota as per Ext.P1 original norms is severally interfered with, and therefore, on no account Ext.P2 Government Order issued after the prospectus was published and the applications were submitted cannot be taken into account.
20. W.P.(C)No.19257/2019 is filed by the petitioner seeking to declare that the non-allotment of 3rd seat of MBBS to the petitioner in 1 st allotment process made on 9.7.2019 by the 2 nd respondent in the sports quota in accordance with Ext.P9 in the ratio of 1:1 between the individual and team item as per Ext.P10 option list of the petitioner is illegal, to issue consequential direction to the 2nd respondent therein i.e., the Commissioner for Entrance Examinations to allot 3rd seat of MBBS to the petitioner in the sports quota in accordance with Ext.P9 ratio of 1:1 between the individual and team item as per Ext.P10 option list or in the alternative WP(C).17920/19, 17995/19, 18203/19, 31 18376/19,19257/19 & 20720/19 declare that, even if petitioner's item, chess is considered as team game in the National School Games 2017-2018 for the purpose of Ext.P5 revised norms, he is entitled for the same marks as presently awarded in Ext.P6 i.e., 53 out of 100 as per Priority No.48 of Ext.P5 revised priority list which deals with representing State/combined All India Navodaya/All India Kendriya Vidyalaya Sankadan team in All India School Games organised by SGFI and for other related reliefs.
21. The basic contention advanced by the petitioner therein is that, as per clause 5.2.16 of Ext.P1 prospectus, sports quota rank must be prepared separately for individual and team events and the principle adopted will be 1:1 which will be implemented by allotting seats alternatively between individual event and team event. As per the same, the allotment will start with the event, whether individual or team, to which a candidate secures the highest index mark from among the candidates considered exclusively for sports quota reservation seats and if the principle is followed, petitioner is WP(C).17920/19, 17995/19, 18203/19, 32 18376/19,19257/19 & 20720/19 entitled at least for the 3 rd seat of MBBS in the sports quota out of the 7 reserved for sports quota candidates for MBBS. However, according to the petitioner, the total index mark of the 4th respondent i.e., one Anugraha Jyothy.P.M., who is presently No.1 in the team event list in Ext.P9 is less than that of the petitioner and even though petitioner has submitted Ext.P10 list of options, the Commissioner of Entrance Examinations did not make allotment in respect of the sports quota though there is no legal embargo in making allotment first for at least proportionately, which has caused serious prejudice to the petitioner. It is also contended that, even if petitioner's item viz., Chess is considered as team game/individual event in the National School Games 2017-2018 for the purpose of clause 5.2.16 of the revised norms, he is entitled for the same marks as presently awarded in Ext.P6 i.e, 53 out of 100 as Priority No. 48 of the revised norms on the basis of Ext.P4 certificate of participation of the National School Games in Chess representing the State of Kerala. Other contentions are also raised. WP(C).17920/19, 17995/19, 18203/19, 33 18376/19,19257/19 & 20720/19
22. Sixth respondent i.e., the petitioner in W.P.(C) No.20720/2019 has filed a detailed counter affidavit basically contending that, before the preparation of Ext.P9 list by the Commissioner of Entrance Examinations and Ext.P10 option list showing the placement of candidates who are included in the sports quota, there were earlier stages which resulted in the preparation of list by the Sports Council as well as the Commissioner of Entrance Examinations and on the basis of the norms laid down in this regard, a draft list was prepared by the Sports Council calling for objections from all eligible candidates who are likely to get allotment in the sports quota. Communication was given to candidates calling upon them to appear before the office of the Sports Council on 8.5.2019 and 9.5.2019 for verification of the certificates, evident from Ext.R6(a). On the basis of the said verification, the Sports Council prepared a list of eligible persons categorising them in the individual list and in the team list. In the list thus prepared and published by the Sports Council the writ petitioner was included WP(C).17920/19, 17995/19, 18203/19, 34 18376/19,19257/19 & 20720/19 in the individual list and he did not object his inclusion of item in the individual list by he Sports Council while publishing the provisional list. Therefore, errors which needed correction and those errors being pointed out, the Sports Council had thereafter prepared two separate lists i.e., individual list and team list and the said list was named as provisional list by the Sports Council. The said provisional list was published on 19.5.2019 while publishing the provisional list also, 'chess' the item in which the petitioner participated was included in the individual list and he did not have any grievance in the said categorisation at the time of publication of the provisional list as well. Thereafter, the Sports Council prepared the final list for the individual as well as team categories on 8.6.2019. In the said list also, chess was included in the individual category. Then also petitioner did not object and it is after the above three stages, the NEET result was published and the ranking of candidates was forwarded by the Sports Council to the Commissioner of Entrance Examinations and adding WP(C).17920/19, 17995/19, 18203/19, 35 18376/19,19257/19 & 20720/19 the respective marks in the sports quota with the marks secured in the NEET examination, the rank list is prepared by the Entrance Commissioner in the individual category as well as in the team category. In the said preparation, it is found that the writ petitioner is ranked 2nd in the individual category and according to the writ petitioner, if he is included in the team list, he is likely to be ranked 1st in the team list. Therefore, according to the 6 th respondent, the writ petitioner was a fence sitter who cannot claim any relief by invoking the constitutional remedy under Article 226 of the Constitution of India. Other contentions are also raised refuting the claims and demands raised by the petitioner therein as pointed out above.
23. W.P.(C) No.20720/2019 is filed by the 6th respondent in W.P.(C) No.19257/2019 seeking to quash Ext.P4 communication issued by the Commissioner of Entrance Examinations dated 6.7.2019 showing the petitioner in W.P.(C) No. 19257/2019 as Sl.No.1 providing 53 marks out of 100 and 265 marks out of 500 in the team event along with other candidates and WP(C).17920/19, 17995/19, 18203/19, 36 18376/19,19257/19 & 20720/19 also for declaring that, the ranking assigned under the individual and group item for sports quota admission as contained in Ext.P5 category-wise list in rank order for 2019 admissions cannot be altered following Ext.P4 taking away the accrued rights of the parties and for other consequential reliefs.
24. The basic contention advanced by the petitioner is that, petitioner is a candidate enlisted for the MBBS course by adding additional marks under the sports quota and the said enlistment was done following the details furnished by the Kerala Sports Council after undertaking the process of verification, publication of provisional list and the final list as early as by the end of May, 2019. It is thereafter the NEET examination results have been published and based on the said results, the rank list under the sports quota was published. On the basis of the list published, options were invited and the first round of counselling was over. However, on 6.7.2019 the 2nd respondent issued an order, which resulted in altering the final list. Therefore, the same is impermissible in law. On the basis of the WP(C).17920/19, 17995/19, 18203/19, 37 18376/19,19257/19 & 20720/19 final list published by the Sports Council and awarding of marks, admissions were already completed under the Engineering stream and the present exercise is apparently to favour someone, who is aspiring for MBBS admission by changing the rule of game after the commencement of the same. It is also pointed out that, petitioner has also get to the benefits of added marks having secured 3rd place in Ball Badminton, a team item held at the national level thereby adding 57 marks to her credit. That apart it is submitted that, petitioner is rank No.3 in the sports quota among the team item, however, the 4 th respondent i.e., the petitioner in W.P.(C) No.19257/2019 is having highest marks than the petitioner in the entrance examination and therefore, when the 4th respondent is included under the team event, petitioner will be pushed back from the present status and naturally all others who are included in the list will be visited with consequences as a result of the communication issued by the Sports Council on 6.7.2019. Therefore, according to the petitioner, the action of the WP(C).17920/19, 17995/19, 18203/19, 38 18376/19,19257/19 & 20720/19 official respondents to act upon the Government Notification dated 7.3.2019 and inclusion of the 4th respondent is causing serious prejudice to the petitioner and such a course of action cannot be adopted by the State and its officials since there is no provision under the Keam Prospectus - 2019 for changing the rule of admissions after the admission process has started.
25. I have heard learned senior counsel and respective counsel appearing for the petitioners, learned Special Government Pleader, learned counsel appearing for the party respondents and perused the pleadings and documents on record.
26. The discussion of facts made above would make it clear that, the issues have cropped up consequent to the Government Notification dated 7.3.2019 revising the norms of the sports quota admissions. As per Keam Prospectus - 2019, as the category-wise originally stood it was having only 59 priority categories and after the Government Order dated 7.3.2019, 67 priority categories are available in the priority list. The basic question to be considered WP(C).17920/19, 17995/19, 18203/19, 39 18376/19,19257/19 & 20720/19 is, whether the State Government was vested with powers to issue the notification dated 7.3.2019 revising the category list ? A copy of the prospectus is made available at the time of hearing by the Special Government Pleader, which is made part of the record, and as per clause 1.1 therein, it is stipulated that, candidates are required to go through the prospectus carefully and acquaint themselves with all the relevant informations relating to the examinations/allotments and candidates are also requested to visit the websites of the Commissioner for Entrance Examinations (provided thereunder) regularly for notifications and announcements. Clause 1.6 empowers the State Government to modify/add/delete, the terms and conditions of the prospectus as may be deemed necessary.
27. Therefore, the sum and substance of the contention advanced by the learned Special Government Pleader is that, there is every power vested with the State Government for modifying the prospectus and therefore, the Government Order dated 7.3.2019 WP(C).17920/19, 17995/19, 18203/19, 40 18376/19,19257/19 & 20720/19 revising the category list cannot be said to be bad.
28. As is discussed above, the basic contention advanced by the petitioners except the petitioners in W.P.(C) No.17995/2019 & 19257/2019 is that, the modification made by the Government as per the Government Order dated 7.3.2019 is without any power or authority. However, going by the provisions discussed above, it is clear that, Government is vested with ample powers as per the KEAM Prospectus - 2019 to add or modify or delete the stipulations of the prospectus. Therefore, the contention advanced by the petitioners that, the Government Order dated 7.3.2019 is issued after the admission process have started without any power, cannot be sustained under law.
29. It is also curious to note that, though Government Order is dated 7.3.2019 incorporating several other items to the category-wise list for admission to the sports quota, all writ petitions are filed challenging the said Government Order during July, 2019 alone. By the time admission to all other courses as per the KEAM Prospectus - 2019 WP(C).17920/19, 17995/19, 18203/19, 41 18376/19,19257/19 & 20720/19 except MBBS course is over and therefore, at this belated point of time, it may not be appropriate for this court to interfere with the admissions made under the sports quota on account of the priority, as per the notification dated 7.3.2019. The admission to sports quota is guided by clause 5.2.16 of Keam Prospectus - 2019 which read thus:
"5.2.16: Sports Quota (SP): Candidates who claim reservation under Sports Quota shall fulfil their eligibility based on the norms of Kerala State Sports Council appended in Annexure XVIII(ii) prior to submission of application, for the seats as prescribed in the Prospectus. The candidate should apply online to the Commissioner of Entrance Examinations, and send a copy of Confirmation page of the online application along with the required document to the Secretary, Kerala State Sports Council, Thiruvananthapuram - 695 001. The Sports Council will allot marks to the candidates according to their proficiency in sports. The maximum marks for proficiency is 500. [Guidelines of the Sports Council for award of Marks for proficiency in Sports is given under Annexure XVIII(ii) of this Prospectus].
The Sports Council Authorities will collect the Application Number from the candidates and furnish it in the proficiency mark list for WP(C).17920/19, 17995/19, 18203/19, 42 18376/19,19257/19 & 20720/19 sports. The mark list of candidates under 'Individual Events' and 'Team Events' should be prepared separately and forwarded to the Commissioner for Entrance Examinations so as to reach him on or before 30 th April, 2019. In the case of candidates seeking admission to Medical/Agriculture/Veterinary/Fisheries courses, the marks out of 500 awarded to the candidates for proficiency in sports will be added to the marks obtained by the respective candidates in the NEET-UG 2019 (provided they are ranked in the NEET-UG 2019), computed out of 500. In the case of candidates seeking admission to Engineering/B.Pharm courses, the marks out of 500 awarded to the candidates for proficiency in sports will be added to the marks arrived at, for the preparation of Engineering/B.Pharm rank list, computed out of 500. So, the candidates would be eligible for a maximum index mark of 1000. The merit list of individual and team events will be prepared on the basis of inter-se merit of the candidates computed as above and will be published separately.
At the time of preparation of the inter-se merit list under sports quota, if there is any tie in the total marks, it will be resolved in such a way that the candidate getting higher Engineering rank or B.Pharm rank or NEET-UG rank, as the case may be, will be placed higher in the ranking. The seats under Sports Quota will be filled up by giving equal representation to both individual WP(C).17920/19, 17995/19, 18203/19, 43 18376/19,19257/19 & 20720/19 and team events. The principle adopted will be 1:1 which will be implemented by allotting seats alternatively between individual event and team event. The allotment will start with the event, whether individual or team, to which a candidate secures the highest index mark from among the candidates considered exclusively for Sports Quota reservation seats. This principle will be followed for allotment of seats in Engineering/B.Pharm/Medical/Agriculture/ Forestry/Veterinary/Fisheries courses. If there is any vacancy in the 50% seats reserved for individual events/team events, the seats shall be filled up by candidates from the other category."
30. On a reading of the said provision, it is categoric and clear that, the principle adopted for individual and team events will be 1:1, which will be implemented allotting seats alternatively between the individual event and team event and the allotment will start with the events, whether individual or team for which a candidate secures highest index marks from among the candidates considered exclusively for sports quota reservation seats. It is also stipulated thereunder that, the said principle will be followed for allotment of seats in Engineering/B.Pharm/Medical/Agriculture/Forestry/ WP(C).17920/19, 17995/19, 18203/19, 44 18376/19,19257/19 & 20720/19 Veterinary/Fisheries courses. That apart it is stated thereunder that, if there is any vacancy in the 50% seats reserved for individual events/team events, the seats shall be filled up by candidates from the other category. Therefore, in my considered opinion, the stipulations contained under the prospectus in respect of admission under the sports quota is specific, clear and no manner of alteration can be made to the said guiding principle, which is never altered even after issuance of the Government Order dated 7.3.2019, which is under challenge in these writ petitions.
31. Having evaluated the situation, I am of the considered opinion that, the Government is vested with ample powers as per the KEAM Prospectus - 2019 to modify or amend or alter the prospectus, which was known to the applicants participating in the entrance examinations and applying for seats in the sports quota and thereby they are not at liberty to turn around and attack the powers conferred on the Government to do so. Moreover, as I have stated earlier, if candidates/applicants were in any manner WP(C).17920/19, 17995/19, 18203/19, 45 18376/19,19257/19 & 20720/19 aggrieved by the Government Notification dated 7.3.2019, the challenge ought to have been made much earlier since the lists are published taking into account the priority fixed as per the Government notification dated 7.3.2019. Therefore, the interference sought for in the writ petitions to the Government Order dated 7.3.2019 cannot be sustained under law and all writ petitions challenging the said Government Order and seeking reliefs for consideration of the rank list as per the priority list originally existed at the time of inviting the applications cannot be sustained under law.
32. Moreover, consequent to the order passed by the Apex Court in W.P.(C) No.380/2019 dated 10.5.2019, all candidates who have appeared for the NEET-UG 2019 and is an Indian citizen non-keralite category-II (NK-II) were given liberty to apply for admission to the MBBS course in Private self Financing Medical Colleges in Kerala irrespective of their domicile, and the candidates in NK-II category, who have already submitted applications to the Commissioner for Entrance Examinations under KEAM WP(C).17920/19, 17995/19, 18203/19, 46 18376/19,19257/19 & 20720/19 Prospectus - 2019 were permitted to add the medical & allied courses (eligible only for MBBS course in Private Self Financing Medical Colleges) if they wish to join in the Self Financing Medical Colleges in Kerala. And along with the same, fresh applications were invited online for admission to Architecture (B.Arch) and Medical and Allied courses (including MBBS and BDS) in the State from candidates of Keralite and Non-Keralite-I category who have not yet submitted applications to the Commissioner for Entrance Examinations under KEAM - 2019. That apart it was stipulated thereunder that, in medical and allied courses, only those who have appeared in NEET- UG 2019 conducted by NTA and for Architecture courses, those who have qualified in NATA 2019 conducted by Council of Architecture will be considered. Therefore, according to the respondents, the list prepared on account of the revised category is in accordance with law in all respects.
33. On evaluation of the situation, I also find that, the Government was vested with ample powers to modify the prospectus and it was accordingly that, WP(C).17920/19, 17995/19, 18203/19, 47 18376/19,19257/19 & 20720/19 the priority under sports quota was enhanced from 59 to 67. Learned counsel for petitioner in W.P.(C) No.19257/2019 has invited my attention to judgment of the Apex Court in Ramesh Chandra Shah and others v. Anil Joshi and others [(2013)11 SCC 309], a judgment rendered in respect of recruitment process to canvass the proposition that, having participated in a selection process fully knowing well the rules and stipulations contained thereunder, the applicants are not at liberty to attack the prospectus and the provisions contained thereunder. Same is also the law laid down by the Apex Court in Pradeep Kumar Rai and others v. Dinesh Kumar Pandey and others [(2015) 11 SCC 493]. Moreover, it is understood, 2500 applications were received consequent to the said notification dated 13.5.2019 and admissions were processed accordingly, and therefore any manner of interference at this stage of the proceedings, can only upset a whole lot of procedures, and create complex situations, disadvantages to the candidates admitted, who are not even parties to the writ petitions. It is also significant to note that, the WP(C).17920/19, 17995/19, 18203/19, 48 18376/19,19257/19 & 20720/19 notification dated 13.5.2019, is not under challenge in any or all of the petitions. In that view of the matter, the reliefs sought for by the petitioners against the Government Order dated 7.3.2019 are declined.
34. Another question remains to be considered is, whether petitioner in W.P.(C) No.17920/2019 is entitled to get 86 marks in accordance with the entry 15 of priority list for grace marks ? Entry 15 deals with representing India in Common Wealth Games/Asian Games. According to the petitioner, Ext.P2 certificate issued to the petitioner shows that, petitioner has participated in Common Wealth Championship - 2018 held in New Delhi from 26 th June to 3rd July, 2018. As is pointed out by the Sports Council in its counter affidavit, the Common Wealth Games is a multi level international event conducted by and among Common Wealth countries. But Ext.P2 relates only to a championship conducted by an organisation within India, which is an invitation tournament, and the participants made is not representing India but on invitation. It is also WP(C).17920/19, 17995/19, 18203/19, 49 18376/19,19257/19 & 20720/19 pointed out by the Sports Council that, due verification was done and accordingly it was found that, the Common Wealth Championship has no manner of relationship with Common Wealth Games conducted by the International Common Wealth Organisation.
35. Therefore, in my considered opinion, petitioner is not entitled to secure 86 marks as per Entry 15 of Priority list. However, 77 marks awarded to the petitioner is challenged by the petitioner in W.P.(C) No.17995/2019 contending that, petitioner is entitled to get only 61 marks and the modification made granting 77 marks by the Sports Council cannot be sustained under law. Entry 24 of the priority list deals with representing India in the Asian Games and Asian Championship for Junior/Youth, for which the participant is entitled to get 77 marks. However, taking into account Exts.P1 to P3 certificates of the petitioner, I do not think, that they can be equally treated as representing India in the Asian School Games and Asian Championship for Junior/Youth as is contended by the Sports Council, and to do so the Sports Council is not vested with power also. WP(C).17920/19, 17995/19, 18203/19, 50 18376/19,19257/19 & 20720/19 Moreover, Sports Council is bound to follow the prescriptions in the priority list as is remaining in the list.
36. However, going by Ext.P3, petitioner has participated in the 64th National Games 2018-2019 Chess Boys Under 19 conducted at Andhra Pradesh on 9.12.2018 to 12.12.2018. Therefore, petitioner is entitled to get only 61 marks as per Entry 40 i.e., on account of representing State in All India School Games organised by SGFI and has secured first position. Therefore, the contention advanced by the petitioner that, participation of the petitioner in the Common Wealth Championship is equally be treated as representing India in the Asian School Games and Asian Championship for Junior/Youth also, cannot be sustained under law since none of the documents produced by the petitioner shows that, petitioner is entitled to get 77 marks. Therefore, 77 marks awarded to the petitioner by the Sports Council cannot be sustained and petitioner is only entitled to get 61 marks as per Entry 40 of the priority list.
37. So far as W.P(C) No.17995/2019 is concerned, WP(C).17920/19, 17995/19, 18203/19, 51 18376/19,19257/19 & 20720/19 petitioner is claiming that, petitioner is entitled to get 39 marks for representing district in State Championship organised by approved State Associations for Juniors/Youth and winning 3rd place. Petitioner in W.P.(C) No.17920/2019, who is the 5th respondent in the said writ petition has a contention that the Chess Association, Kerala is not an approved organisation. However, learned counsel for the petitioner submitted that, by virtue of Ext.P11 interim order passed by the Apex Court staying the operation of Ext.P9 judgment of Division Bench, petitioner is entitled to get the benefits of Ext.P8 judgment rendered by the learned Single Judge and therefore, as of now the Chess Association of Kerala is to be treated as a recognised association and petitioner is entitled to get 39 marks.
38. Having evaluated the rival contentions and the factual and legal situation, I am of the considered opinion that, as per Ext.P10 judgment, Ext.P8 judgment of the learned Single Judge was reversed and the suspension made by the Kerala State Sports Council invoking the power under section WP(C).17920/19, 17995/19, 18203/19, 52 18376/19,19257/19 & 20720/19 31A(1) of the Kerala Sports Act was upheld. Merely because the Apex Court has stayed the judgment of the Division Bench of this Court, it cannot be termed as revival of Ext.P8 judgment of the learned Single Judge. I am of the considered opinion that, when the stay was granted by the Apex Court, further proceedings pertaining to Ext.P10 judgment alone is stayed, however, the findings rendered by the Division Bench is not interfered with at all. In that view of the matter petitioner therein is not entitled to get 39 marks as claimed.
39. So far as the claim of the petitioner in W.P. (C) No.19257/2019 is concerned, the petitioner therein was considered on the basis of Ext.P4 i.e., the 63rd National School Games 2017-2018 conducted at Telangana from 10.11.2017 to 14.11.2017 as an individual item. However, according to the petitioner, as per the Government Order dated 7.3.2019, petitioner was entitled to be considered in the group event. It is also pointed out that, whether the petitioner is considered under the group event or individual event, petitioner is entitled to get 53 WP(C).17920/19, 17995/19, 18203/19, 53 18376/19,19257/19 & 20720/19 marks. Therefore, I am of the considered opinion, having found that, the Government Notification dated 7.3.2019 is an appropriately constituted one, petitioner is entitled to be considered under the group event and therefore, 53 marks awarded to the petitioner cannot be said to be bad or illegal. While holding so, the challenge made by the petitioner in W.P.(C) No.20720/2019 against Ext.P4 communication of the Commissioner for Entrance Examinations dated 6.7.2019 granting 53 marks out of 100 to the petitioner in W.P.(C) No.19257/2019 cannot be said to be bad or illegal. Therefore, the relief sought for in W.P.(C) No.20720/2019 is declined.
To sum up, W.P.(C) Nos.17920/2019, 18203/2019, 18376/2019 and 20720/2019 are dismissed. W.P.(C) No.17995/2019, is partly allowed, so far as concerning 77 marks awarded to the 5th respondent i.e., the petitioner in W.P.(C) No.17920/2019 and hold that, 5th respondent is entitled only for 61 marks under priority No.40 of the revised category list. In all other respects, the said writ petition will stand dismissed. W.P.(C) No.19257/2019 is WP(C).17920/19, 17995/19, 18203/19, 54 18376/19,19257/19 & 20720/19 partly allowed holding that, the petitioner is entitled to get 53 marks as per priority No.48 of the revised list as per notification dated 7.3.2019. Accordingly there will be a direction to the Commissioner for Entrance Examinations to finalise the admission in terms of the provisions of KEAM Prospectus - 2019 and taking into account the directions, observations and findings contained above.
Sd/-
SHAJI P.CHALY
03/08/19 JUDGE
WP(C).17920/19, 17995/19, 18203/19, 55 18376/19,19257/19 & 20720/19 APPENDIX OF WP(C) 17920/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PARTICIPATION IN COMMONWEALTH CHESS CHAMPIONSHIP-2017.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PERFORMANCE IN COMMONWEALTH CHESS CHAMPIONSHIP-2018.
EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE EVIDENCING NATIONAL LEVEL FIRST PLACE IN THE SENIOR BOYS CHESS TEAM CHAMPIONSHIP, 2018.
EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PARTICIPATION IN 55TH NATIONAL CHALLENGERS CHESS CHAMPIONSHIP 2017.
EXHIBIT P5 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PERFORMANCE IN THE 55TH KERALA STATE SENIOR FIDE RATED CHAMPIONSHIP HELD AT ALAPPUZHA.
EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PARTICIPATION IN THE NATIONAL UNDER-17 OPEN CHESS CHAMPIONSHIP 2018.
EXHIBIT P7 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PERFORMANCE IN THE 29TH KERALA STATE UNDER-17 BOYS CHESS CHAMPIONSHIP.
EXHIBIT P8 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PERFORMANCE IN THE UNDER -25 (YOUTH) STATE OPEN CHESS CHAMPIONSHIP.
EXHIBIT P9 THE TRUE COPY OF THE CERTIFICATE EVIDENCING PETITIONER'S PERFORMANCE IN THE 61ST KERALA STATE SCHOOLS GAMES CHAMPIONSHIP 2017-18. EXHIBIT P10 THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES,2019.
EXHIBIT P11 THE TRUE COPY OF THE NORMS ISSUED AS PER THE G.O.(RT) NO.51/2019/S & Y A DATED 7.3.2019.
EXHIBIT P12 THE TRUE COPY OF THE LETTER ISSUED LAST YEAR BY THE SPORTS COUNCIL TO THE DPI WP(C).17920/19, 17995/19, 18203/19, 56 18376/19,19257/19 & 20720/19 RECOMMENDING PETITIONER'S ELIGIBILITY FOR PARTICIPATION IN COMMONWEALTH CHAMPIONSHIP 2017.
EXHIBIT P13 THE TRUE COPY OF THE LETTER ISSUED BY SPORTS COUNCIL FOR THE YEAR 2018 FOR PLUS TWO EXAMINATION.
EXHIBIT P14 THE TRUE COPY OF THE REPRESENTATION DATED 13.5.2019 SUBMITTED BY THE PETITIONER. EXHIBIT P15 THE TRUE COPY OF THE INDIVIDUAL LIST FOR SPORTS QUOTA ADMISSION TO PROFESSIONAL COURSES 2019 PUBLISHED ON 19.5.2019.
EXHIBIT P16 THE TRUE COPY OF THE TEAM LIST FOR SPORTS QUOTA ADMISSION TO PROFESSIONAL COURSES 2019 PUBLISHED ON 19.5.2019.
EXHIBIT P17 THE TRUE COPY OF THE REPRESENTATION DATED 10.6.2019 SUBMITTED BY THE PETITIONER. EXHIBIT P18 THE TRUE COPY OF THE LETTER NO.K.S.S.C/E1/5883/18 DATED 18.6.2019 SENT BY THE SECRETARY, KERALA STATE SPORTS COUNCIL TO THE COMMISSIONER OF ENTRANCE EXAMINATIONS.
EXHIBIT P19 THE TRUE COPY OF THE REPRESENTATION DATED 24.6.2019 SUBMITTED BY THE PETITIONER. EXHIBIT P20 THE TRUE COPY OF THE LETTER DATED 29.6.2019 SUBMITTED BY THE PETITIONER.
EXHIBIT P21 THE BROCHURE FOR THE COMMONWEALTH CHESS CHAMPIONSHIP-2018 CONTAINING THE DETAILS OF THE CHAMPIONSHIP AS WELL AS THE RULES GOVERNING ITS CONDUCT, PARTICIPATION ETC. EXHIBIT P22 THE TRUE COPY OF THE CONSTITUTION OF THE COMMONWEALTH CHESS ASSOCIATION AS AVAILABLE IN THEIR OFFICIAL WEBSITE.
EXHIBIT P23 THE NAMES AND DETAILS OF THE BOARD MEMBERS OF THE COMMON WELATH CHESS ASSOCIATION AS AVAILABLE IN THE OFFICIAL WEBSITE.
EXHIBIT P24 THE LIST OF MEMBER NATIONS OF COMMON WEALTH CHESS ASSOCIATION AS AVAILABLE IN THE OFFICIAL WEBSITE.
WP(C).17920/19, 17995/19, 18203/19, 57 18376/19,19257/19 & 20720/19 EXHIBIT P25 THE LIST OF PARTICIPATE COUNTRIES IN COMMON WELATH GAMES AS AVAILABLE IN THE OFFICIAL WEBSITE OF COMMONWEALTH GAMES FEDERATION. RESPONDENT'S EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR PROFESSIONAL COLLEGE ADMISSIONS IN STATE OF KERALA 2019 ALONG WITH ANNEXURE-XVIII(II) NORMS OF THE SPORTS COUNCIL EXHIBIT R6(B) TRUE COPY OF THE CONFIRMATION PAGE OF THE 6TH RESPONDENT ISSUED BY THE ENTRANCE COMMISSIONER EXHIBIT R6(C) TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 6TH RESPONDENT FOR OBTAINING 2ND POSITION IN THE CATEGORY OF SENIOR BOYS FOR THE EVENT CHESS IN THE 61ST KERALA STATE SCHOOLS GAMES CHAMPIONSHIP 2017-18 REPRESENTING ALAPPUZHA REVENUE DISTRICT.
EXHIBIT R6(D) TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE 6TH RESPONDENT BY SGFI FOR REPRESENTING STATE OF KERALA IN THE 63RD NATIONAL SCHOOL GAMES 2017-2018 CONDUCTED BY SCHOOL GAMES FEDERATION OF INDIA (SGFI) IN THE CHESS CHAMPIONSHIP/TOURNAMENT 2017-2018 EXHIBIT R6(E) TRUE COPY OF THE PARTICIPANT REPORT IN RESPECT OF THE EVEN CHESS CHAMPIONSHIP REPRESENTING STATE OF KERALA IN R6(D) NATIONAL SCHOOL GAMES EXHIBIT R6(F) TRUE COPY OF THE G.O.(RT) NO.51/2019 S& YA DATED 07.03.2019 IE. THE REVISED NORMS FOR ADMISSION UNDER THE SPORTS QUOTA IN THE PROFESSIONAL COLLEGES ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT R6 (G) TRUE COPY OF THE FINAL SPORTS QUOTA RANKED LIST AS PER EXT.R6(F) REVISED NORMS AND PUBLISHED BY THE SPORTS COUNCIL FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2019 ON 19/05/2019 IN THE WEB SITE OF THE SPORTS COUNCIL.
EXHIBIT R6(H) TRUE COPY OF THE CONFIRMATION PAGE ISSUED BY THE STATE ENTRANCE COMMISSIONER AFTER UPLOADING THE NEET SCORE OF THE 6TH RESPONDENT EXHIBIT R6(I) TRUE COPY OF THE CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 28.06.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500 EXHIBIT R6J TRUE COPY OF THE REVISED CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 06.07.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS WP(C).17920/19, 17995/19, 18203/19, 58 18376/19,19257/19 & 20720/19 ,BOTH COMPUTED OUT OF 500 EXHIBIT R6(k) TRUE COPY OF THE OPTION LIST PRINT OUT OF THE 6TH RESPONDENT ANNNEXURE R1(a) TRUE COPY OF TABLE OF DETAILS OF GRACE MARKS ANNNEXURE R1(B) TRUE COPY OF THE CERTIFICATE OF THE 5TH RESPONDENT ANNNEXURE R1(C) TRUE COPY OF THE CERTIFICATE OF THE 6TH RESPONDENT ANNNEXURE R1(D) TRUE COPY OF THE CERTIFICATE OF THE 7TH RESPONDENT ANNNEXURE R1(E) TRUE COPY OF THE CERTIFICATE OF THE 8TH RESPONDENT ANNNEXURE R1(F) TRUE COPY OF THE CERTIFICATE OF THE 9TH RESPONDENT ANNNEXURE R1(G) TRUE COPY OF THE CERTIFICATE OF THE 10TH RESPONDENT ANNNEXURE R1(H) TRUE COPY OF THE CERTIFICATE OF THE 11TH RESPONDENT ANNNEXURE R1(I) TRUE COPY OF THE CERTIFICATE OF THE 12TH RESPONDENT ANNNEXURE R1(J) TRUE COPY OF THE CERTIFICATE OF THE 13TH RESPONDENT ANNEXURE R1 (K) TRUE COPY OF THE LETTER DATED 2.7.2019 OF THE DIRECTORATE OF PUBLIC INSTRUCTIONS.
ANNEXURE R1(I) TRUE COPY OF RESPONDENT'S LETTER DATED 6.7.2019 TO THE COMMISSIONER OF ENTRANCE EXAMINATION WP(C).17920/19, 17995/19, 18203/19, 59 18376/19,19257/19 & 20720/19 APPENDIX OF WP(C) 17995/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF MERIT AWARDED TO PETITIONER ISSUED BY CHESS ASSOCIATION KERALA DATED 13.1.2019.
EXHIBIT P2 TRUE COPY OF THE PROFESSIONAL DEGREE COURSES 2019 FINAL LIST - INDIVIDUAL.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE NORMS FOR ALLOTTING GRACE MARKS FOR SPORTS QUOTA ADMISSION TO PROFESSIONAL DEGREE COURSES IN KERALA.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE CATEGORY WISE LIST IN RANK ORDER OF ADMISSION TO MEDICAL COURSES.
EXHIBIT P5 TRUE COPY OF THE PARTICIPANT REPORT DOWNLOADED FROM CHESS FEDERATION OF INDIA SITE.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.KSSC/E1/3845/2019 DATED 29.6.2019 BY THE 3RD RESPONDENT RECOMMENDED TO THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, SPORTS COUNCIL DATED 29.6.2019.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 16.11.2017 IN WP(C) NO.36083/2017 OF THIS HONOURABLE COURT EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 17.01.2018 IN W.A. NO.11/2018 IN WPC NO.36083/2017 OF THIS HONOURABLE COURT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 13.04.2018 IN SPECIAL LEAVE TO APPEAL (CX) NO.8663/2018 OF THE HONORABLE SUPREME COURT OF INDIA EXHIBIT P11 TRUE COPY OF THE RULES AND REGULATIONS OF COUNCIL'S NATIONAL SCHOOL SPORTS AND GAMES EXHIBIT P12 TRUE APPLICATION OF MR.PRAMOD; COVERING LETTER OF 3RD RESPONDENT NO.KSSC/EVEN/3883/2019 DATED 307.2019 AND WP(C).17920/19, 17995/19, 18203/19, 60 18376/19,19257/19 & 20720/19 COPIES OF CERTIFICATE RELIED BY RESPONDENTS 4 & 5 AS ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:
EXHIBIT-R5(a) THE TRUE COPY OF THE RELEVANT PAGES OF RULES GOVERNING PARTICIPATION OF INDIAN PLAYERS WHICH CLARIFIES THAT THE ALLEGATIONS ARE PER SE WRONG EXHIBIT-R5(b) THE TRUE COPY OF THE ORDER NO.KSSC/E1/5883/2018 DATED 18.6.2019.
EXHIBIT R4(a) TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR PROFESSIONAL COLLEGE ADMISSIONS IN STATE OF KERALA 2019 ALONG WITH ANNEXURE -XVIII(ii) NORMS OF THE SPORTS COUNCIL.
EXHIBIT R4(b) TRUE COPY OF THE CONFIRMATION PAGE OF THE 4TH RESPONDENT ISSUED BY THE ENTRANCE COMMISSIONER.
EXHIBIT R4(c) TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 4TH RESPONDENT FOR OBTAINING 2ND POSITION IN THE CATEGORY OF SENIOR BOYS FOR THE EVENT CHESS IN THE 61ST KERALA STATE SCHOOLS GAMES CHAMPIONSHIP 2017-18 REPRESENTING ALAPPUZHA REVENUE DISTRICT.
EXHIBIT R4(d) TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE 4TH RESPONDENT BY SGFI FOR REPRESENTING STATE OF KERALA IN THE 63RD NATIONAL SCHOOL GAMES 2017-18 CONDUCTED BY SCHOOL GAMES FEDERATION OF INDIA (SGFI) IN THE CHESS CHAMPIONSHIP/TOURNAMENT 2017-18.
EXHIBIT R4(e) TRUE COPY OF THE PARTICIPANT REPORT IN RESPECT OF THE EVENT CHESS CHAMPIONSHIP REPRESENTING STATE OF KERALA IN R4(d) NATIONAL SCHOOL GAMES.
EXHIBIT R4(f) TRUE COPY OF G.O(rt) NO. 51/2019/S&YA DATED 07-03-2019 I.E. THE REVISED NORMS FOR ADMISSION UNDER THE SPORTS QUOTA IN THE PROFESSIONAL COLLEGES, ETC. ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT R4(G) TRUE COPY OF THE FINAL SPORTS QUOTA RANKED WP(C).17920/19, 17995/19, 18203/19, 61 18376/19,19257/19 & 20720/19 LIST AS PER EXT.R4(f) REVISED NORMS AND PUBLISHED BY THE SPORTS COUNCIL FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2019 ON 19.5.2019 IN THE WEB SITE OF THE SPORTS COUNCIL.
EXHIBIT R4(H) TRUE COPY OF THE CONFIRMATION PAGE ISSUED BY THE STATE ENTRANCE COMMISSIONER AFTER UPLOADING THE NEET SCORE OF THE 4TH RESPONDENT.
EXHIBIT R4(I) TRUE COPY OF THE CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 28.6.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500 EXHIBIT R4(J) TRUE COPY OF THE REVISED CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 6.7.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500 EXHIBIT R4(K) TRUE COPY OF THE OPTION LIST PRINT OUT OF THE 4TH RESPONDENT WP(C).17920/19, 17995/19, 18203/19, 62 18376/19,19257/19 & 20720/19 APPENDIX OF WP(C) 18203/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY THE RELEVANT PAGES OF THE PROSPECTUS DATED 01.02.2019 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.G.O.(RT) NO.51/2019/S AND YA DATED 07.03.2019 RESPONDENT'S EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE NOTIFICATION NO.CEE/5454/2018/KEAM-2019/TA-1 DATED 13.05.2019 ANNEXURE 1 TRUE COPY OF THE LIST OF ELIGIBLE CANDIDATE'S PREPARED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS ON THE BASIS OF ANNEXURE XVIII(ii) OF THE KEAM - 2019 PROSPECTUS ANENXURE -2 TRUE COPY OF THE LIST OF ELIGIBLE CANDIDATE'S PREPARED ON THE BASIS OF GO(Rt) NO.51/2019/S&YA DATED 7.3.2019 EXHIBIT R4(A) TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR PROFESSIONAL COLLEGE ADMISSIONS IN STATE OF KERALA 2019 ALONG WITH ANNEXURE -XVIII(II) NORMS OF THE SPORTS COUNCIL EXHIBIT R4(B) TRUE COPY OF THE CONFIRMATION PAGE OF THE 4TH RESPONDENT ISSUED BY THE ENTRANCE COMMISSIONER EXHIBIT R4 C TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 4TH RESPONDENT FOR OBTAINING 2ND POSITION IN THE CATEGORY OF SENIOR BOYS FOR THE EVENT CHESS IN THE 61ST KERALA STATE SCHOOLS GAMES CHAMPIONSHIP 2017-2017 REPRESENTING ALAPPUZHA REVENUE DISTRICT EXHIBIT R4 (D) TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE 4TH RESPONDENT BY SGFI FOR REPRESENTING STATE OF KERALA IN THE 63RD NATIONAL SCHOOL GAMES 2017-18 CONDUCTED BY SCHOOL GAMES FEDERATION OF WP(C).17920/19, 17995/19, 18203/19, 63 18376/19,19257/19 & 20720/19 INDIA (SGFI) IN THE CHESS CHAMPIONSHIP/TOURNAMENT 2017-2018 EXHIBIT R4(E) TRUE COPY OF THE PARTICIPANT REPORT IN RESPECT OF THE EVENT CHESS CHAMPIONSHIP REPRESENTING STATE OF KERALA IN R4(D) NATIONAL SCHOOL GAMES EXHIBIT R4(F) TRUE COPY OF G.O(RT) NO. 51/2019 S& YA DATED 07.03.2019 I.E. THE REVISED NORMS FOR ADMISSION UNDER THE SPORTS QUOTA IN THE PROFESSIONAL COLLEGES, ETC. ISSUED BY GOVERNMENT OF KERALA EXHIBIT R4(G) TRUE COPY OF THE FINAL SPORT QUOTA RANKED LIST AS PER EXT. R4(F) REVISED NORMS AND PUBLISHED BY THE SPORTS COUNCIL FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2019 ON THE 19.05.2019 IN THE WEB SITE OF THE SPORTS COUNCIL.
EXHIBITR4(H) TRUE COPY OF THE CONFIRMATION PAGE ISSUED BY THE STATE ENTRANCE COMMISSIONER AFTER UPLOADING THE NEET SCORE OF THE 4TH RESPONDENT.
EXHIBIT R4(I) TRUE COPY OF THE CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 28-06-2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500.
EXHIBIT R4(J) TRUE COPY OF THE REVISED CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 06-07-2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500.
EXHIBIT R4(K) TRUE COPY OF THE OPTION LIST PRINT OUT OF THE 4TH RESPONDENT.
WP(C).17920/19, 17995/19, 18203/19, 64 18376/19,19257/19 & 20720/19 APPENDIX OF WP(C) 18376/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF THE PROSPECTUS DATED 1.2.2019 ISSUED BY 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF GO(RT) NO 51/2019/S& YA DATED 7.3.2019 ISSUED BY 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF NEET RESULT AND CATEGORY WISE LIST PUBLISHED BY 4TH RESPONDENT ON 28.6.2019 EXHIBIT P4 TRUE COPY OF CHART DATED NIL SHOWING COMPARISON AS PER EXPT.P1(ANNEXURE 1) AND EXT.P2 (ANENXURE 2) RESPONDENT'S EXHIBITS:
EXHIBIT R6(A) TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR PROFESSIONAL COLLEGE ADMISSIONS IN STATE OF KERALA 2019 ALONG WITH ANNEXURE-XVIII(II) NORMS OF THE SPORTS COUNCIL EXHIBIT R6(B) TRUE COPY OF THE CONFIRMATION PAGE OF THE 6TH RESPONDENT ISSUED BY THE ENTRANCE COMMISSIONER EXHIBIT R6(C) TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 6TH RESPONDENT FOR OBTAINING 2ND POSITION IN THE CATEGORY OF SENIOR BOYS FOR THE EVENT CHESS IN THE 61 ST KERALA STATE SCHOOLS GAMES CHAMPIONSHIP 2017- 18 REPRESENTING ALAPPUZHA REVENUE DISTRICT EXHIBIT R6(D) TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE 6TH RESPONDENT BY SGFI FOR REPRESENTING STATE OF KERALA IN THE 63 RD NATIONAL SCHOOL GAMES 2017-18 CONDUCTED BY SCHOOL GAMES FEDERATION OF INDIA (SGFI) IN THE CHESS CHAMPIONSHIP/TOURNAMENT 2017-18 EXHIBIT R6(E) TRUE COPY OF THE PARTICIPANT REPORT IN RESPECT OF THE EVENT CHESS CHAMPIONSHIP REPRESENTING STATE OF KERALA IN R6(D) NATIONAL SCHOOL GAMES EXHIBIT R6(F) TRUE COPY OF GO(RT) NO 51/2019/S&YA DATED 7.3.2019 I.E, THE REVISED NORMS FOR ADMISSION UNDER THE SPORTS QUOTA IN THE PROFESSIONAL COLLEGES, ETC. ISSUED BY GOVERNMENT OF KERALA EXHIBIT R6(G) TRUE COPY OF THE FINAL SPORTS QUOTA RANKED LIST AS PER EXT.R6(F) REVISED NORMS AND PUBLISHED BY THE WP(C).17920/19, 17995/19, 18203/19, 65 18376/19,19257/19 & 20720/19 SPORTS COUNCIL FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2019 ON 19.5.2019 IN THE WEB SITE OF THE SPORTS COUNCIL EXHIBIT R6(H) TRUE COPY OF THE CONFIRMATION PAGE ISSUED BY THE STATE ENTRANCE COMMISSIONER AFTER UPLOADING THE NEET SCORE OF THE 6TH RESPONDENT EXHIBIT R6(I) TRUE COPY OF THE CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 28.6.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500 EXHIBIT R6(J) TRUE COPY OF THE REVISED CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 6.7.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500 EXHIBIT R6(K) TRUE COPY OF THE OPTION LIST PRINT OUT OF THE 6TH RESPONDENT EXHIBIT R4(a) TRUE COPY OF THE NOTIFICATION NO. CEE/5454/2018/KEAM-
2019/TA-1 DATED 13.05.2019 ANNEXURE 1 TRUE COPY OF THE LIST OF ELIGIBLE CANDIDATE'S PREPARED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS ON THE BASIS OF ANNEXURE IN W.P.(C) NO.18203/209 & 18376/2019 OF THE KEAM - 2019 PROSPECTUS ANENXURE -2 TRUE COPY OF THE LIST OF ELIGIBLE CANDIDATE'S PREPARED ON THE BASIS OF GO(Rt) NO.51/2019/S&YA DATED 7.3.2019 WP(C).17920/19, 17995/19, 18203/19, 66 18376/19,19257/19 & 20720/19 APPENDIX OF WP(C) 19257/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR PROFESSIONAL COLLEGE ADMISSIONS IN STATE OF KERALA 2019 ALONG WITH ANNEXURE XVIII(II) NORMS OF THE SPORTS COUNCIL.
EXHIBIT P2 TRUE COPY OF THE CONFIRMATION PAGE OF THE PETITIONER ISSUED BY THE ENTRANCE COMMISSIONER.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE PETITIONER FOR OBTAINING 2ND POSITION IN THE CATEGORY OF SENIOR BOYS FOR THE EVENT CHESS IN THE 61ST KERALA STATE SCHOOLS GAMES CHAMPIONSHIP 2017-18 REPRESENTING ALAPPUZHA REVENUE DISTRICT.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED TO THE PETITIONER BY SGFI FOR REPRESENTING STATE OF KERALA IN THE 63RD NATIONAL SCHOOL GAMES 2017-18 CONDUCTED BY SCHOOL GAMES FEDERATION OF INDIA(SGFI) IN THE CHESS CHAMPIONSHIP/TOURNAMENT 2017-18.
EXHIBIT P4 A TRUE COPY OF THE PARTICIPANT REPORT IN RESPECT OF THE EVENT CHESS CHAMPIONSHIP REPRESENTING STATE OF KERALA IN P4 NATIONAL SCHOOL GAMES.
EXHIBIT P5 TRUE COPY OF G.O.(RT) NO.51/2019/S & YA DATED 07.03.2019 I.E. THE REVISED NORMS FOR ADMISSION UNDER THE SPORTS QUOTA IN THE PROFESSIONAL COLLEGES ETC. ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT P6 TRUE COPY OF THE FINAL SPORTS QUOTA RANKED LIST AS PER EXT.P5 REVISED NORMS AND PUBLISHED BY THE SPORTS COUNCIL FOR ADMISSION TO PROFESSIONAL DEGREE COURSES 2019 ON 19.05.2019 IN THE WEB SITE OF THE SPORTS COUNCIL.
EXHIBIT P7 TRUE COPY OF THE CONFIRMATION PAGE ISSUED BY THE STATE ENTRANCE COMMISSIONER AFTER UPLOADING THE NEET SCORE OF THE PETITIONER. WP(C).17920/19, 17995/19, 18203/19, 67 18376/19,19257/19 & 20720/19 EXHIBIT P8 TRUE COPY OF THE CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 28.06.2019 ADDING MARKS FOR SPORT AWARDED BY SPORTS COUNCIL AND NEET MARKS, BOTH COMPUTED OUT OF 500.
EXHIBIT P9 TRUE COPY OF THE REVISED CATEGORY WISE RANKED LIST OF THE SPORTS QUOTA IN RESPECT OF ADMISSION TO MEDICAL COURSES 2019 PUBLISHED BY THE ENTRANCE COMMISSIONER DATED 06.07.2019 ADDING MARKS FOR SPORTS AWARDED BY SPORTS COUNCIL AND NEET MARKS BOTH COMPUTED OUT OF 500.
EXHIBIT P10 TRUE COPY OF THE OPTION LIST PRINT OUT OF THE PETITIONER.
RESPONDENT'S EXHIBITS:
EXHIBIT R6(a) TRUE COPY OF THE MEMO/COMMUNICATION NO.KSSC.E1/691/2019 DATED 29.04.2019 ISSUED BY THE KERALA STATE SPORTS COUNCIL.
EXHIBIT-R2(A) TRUE COPY OF THE MEMO/COMMUNICATION NO.
KSSC/E1/691/2019 DATED 29/04/2019 ISSUED BY THE KERALA STATE SPORTS COUNCIL WP(C).17920/19, 17995/19, 18203/19, 68 18376/19,19257/19 & 20720/19 APPENDIX OF WP(C) 20720/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES, 2019.
EXHIBIT P2 TRUE COPY OF THE ADMISSION TO PROFESSIONAL DEGREE COURSES, 2019 PROVISIONAL LIST OF INDIVIDUAL ITEM.
EXHIBIT P3 TRUE COPY OF THE ADMISSION TO PROFESSIONAL DEGREE COURSES, 2019 FINAL LIST OF INDIVIDUAL ITEM.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.K.S.S.C/E1/3845/2019 DATED 06/07/2019 ISSUED BY THE SPORTS COUNCIL TO THE COMMISSIONER FOR ENTRANCE EXAMINATIONS.
EXHIBIT P5 TRUE COPY OF THE LIST OF THE PERSONS INCLUDED UNDER THE SPORTS QUOTA IN THE INDIVIDUAL AS WELL AS TEAM EVENT PUBLISHED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS DATED 28/06/2019.