Telangana High Court
B Mallesh vs The Telangana State Council Of Higher ... on 10 March, 2023
Author: K.Lakshman
Bench: K.Lakshman
HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.45732 OF 2022
ORDER:
Heard Mr. Ramesh Chilla, learned counsel for the petitioner and Mrs. C. Vani Reddy, learned Standing Counsel appearing for the respondents.
2. This writ petition is filed to declare the action of respondent No.2 - Convener, who did not update the Sports Category Status on time, hence, the petitioner (581 Rank Holder) was not able to opt for the web options by choosing the Sports Category and as a result, he lost the opportunity of getting selected for the prestigious Osmania University for Three-Year Course LL.B., instead selected as less (1228 Ranker) meritorious candidate, as illegal, and for a consequential direction to respondent No.2 to set aside the selection list to the extent of Sports Quota under Special Category and redraw the selection list by considering the Sports Certificate of the petitioner and allocate the seat under Sports Quota of Special Category if he comes into the Zone of Selection.
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3. CONTENTIONS OF THE PETITIONER:
i) The petitioner herein had appeared for LAWCET-2022 Examination. He got 581 Rank. He is also claiming reservation under Sports Category. According to him, he is having requisite certificate i.e., certificate issued by Fencing Association of India and also the Telangana Fencing Association. Therefore, he is entitled for reservation in Sports Quota.
ii) Due to the inaction of respondent No.2 in updating Sports Category Status on time, he was not able to opt for web options by choosing Sports Category and, therefore, he missed admission in Osmania University under Sports Quota.
iii) He has exercised web option during first phase of counseling and a seat was allotted in Pendekanti Law College under BC 'D' Category. He has also attended special category (Sports) certificate verification and submitted sports annexure form-II (Senior) National Championship Participation Certificate to the concerned Verification Officer on 16.11.2022. After attending the aforesaid verification, a seat was allotted in BC 'D' Category, but not in Sports 3 KL,J W.P. No.45732 of 2022 Category on 26.11.2022. On his enquiry, he came to know that a note was displayed on the TSLAWCET Website in the list of Candidates Eligible for exercising Web Options with the tile "Note:NCC and Sports Special Category Verification Status will be updated shortly".
Thereafter, he has raised a query on 05.12.2022 with regard to allotment of Sports Category. A response was given stating that "NCC and Sports allotments will be made in second phase counseling". Thereafter also, the petitioner has also raised several queries and the same were responded in the same manner.
iv) According to the petitioner, respondent No.2 failed to update Sports Category Status on time and, therefore, he could not exercise his option in Sports Quota. Therefore, he sought to declare the said action as illegal.
4. CONTENTIONS OF THE RESPONDENTS:
i) On the other hand, respondent No.1 had filed counter contending that respondent No.2 is no way concerned with the process of counseling for admission. The Convener (Admission) - TS LAWCET 2022 is the proper and necessary party. Therefore, the writ 4 KL,J W.P. No.45732 of 2022 petition shall be liable to be dismissed on the ground of non-joinder of proper party.
ii) Web Options for Sports Category were kept open for all the candidates as per the Schedule announced and the petitioner failed to exercise his options fully knowing the said fact. The petitioner having failed to exercise option under Sports Quota, has come up with the present writ petition as he did not get admission in the College of his choice as a more deserving candidate got selected against the sports quota in the University College of Law, Osmania University.
iii) The Convener (Admissions) has provided the facility to the sports and other category candidates to exercise Web options in special categories. It was not necessary to update the verification status of sports eligibility list and sports category candidates had been given the option to exercise their web options till the last date as per schedule. The petitioner along with other candidates were informed through SMS to exercise web options in sports category and in spite of clear intimation, the petitioner did not exercise his option during second phase.5
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iv) The petitioner had exercised the web option during first phase of counseling (General) and he was allotted in Pendekanti Law College as per his merit and reservation. However, for the reasons best known to the petitioner, he did not join in the said College. The sports verification took place prior to the allotment of seats in Phase-I of admission even then the petitioner did not attend the verification. He could secure the seat only in general counseling in Phase-I. The sports list could not be verified due to non-receipt of the same. The respondents unless receives the approval of the evolution committee as per G.O.Ms.No.2, dated 22.09.2020, after due approval by evaluation committee as per the said G.O. Therefore, the status of the sports category has not been updated.
v) In spite of clear intimation and the petitioner having a choice to exercise an option of sports category during phase-II, but for the reasons known to him, failed to exercise option during Phase-II. Therefore, the petitioner cannot blame the respondents for his own failures. Instead of the petitioner exercising his option during Phase-II of counseling under sports category, he started raising unnecessary queries for verification status updates. The respondents cannot 6 KL,J W.P. No.45732 of 2022 provide seats under sports category unless verification has been done by the Committee.
vi) The sports list was received from the Sports Authority on 12.12.2022 and the same was communicated to the petitioner. SMS has been sent on 12.12.2022 to all the candidates who have not exercised web options including the petitioner herein. Even then, the petitioner failed to exercise the option, but started raising queries. No separate counseling for sports/NCC categories will be conducted. After due verification by the concerned authorities, seats in special categories are allotted as per seat matrix in accordance with applicable, relevant G.Os. The candidate, who secured the seat in Osmania University, has scored a State Rank 1228 and Sports priority of 111 under 0.5% quota.
With the aforesaid submissions, respondent No.2 sought to dismiss the present writ petition.
5. ANALYSIS AND FINDING OF THE COURT:
i) The aforesaid rival submissions would reveal that the petitioner herein is claiming that he got 581 Rank in TS LAWCET- 7
KL,J W.P. No.45732 of 2022 2022. He has also possess Sports Certificate in Fencing issued by the Fencing Association of India and also the Telangana Fencing Association. Thus, he is claiming reservation under Sports Category i.e., Fencing. He belongs to BC 'D' category.
ii) The Government of Telangana had issued guidelines for admission into Professional Courses, like Engineering, Agricultural etc., under Sports Quota vide G.O.Ms.No.2, dated 22.09.2020. The 'Fencing' is also included under Sports Discipline at serial No.11 of the said G.O. Guidelines were also specifically issued with regard to the implementation of Sports Quota including priorities; forms to be furnished by the candidate for certificate verification and also with regard to the verification. The Certificates/Testimonials of achievements submitted by the candidates shall be scrutinized by the Scrutiny Committee and the details are also specifically mentioned. Thereafter, the Recommendations of the Scrutiny Committee shall be placed before the Evaluation Committee. List of selected candidates approved by the Evaluation Committee shall be final and forwarded to the concerned Universities/Institutions for the admissions under Sports Quota.
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iii) Thus, according to respondent No.1, sports list was received from the Sports Authority on 12.12.2022 and SMS has been sent to all the candidates on the same day who have not exercised web options including the petitioner. Despite receiving the said SMS and intimation, the petitioner failed to exercise his option under Sports Quota. However, he got admission in Pendekanti College under BC 'D' category during first phase counselling. He has not joined in the said College for the reasons best known to him.
iv) In the entire affidavit, the petitioner has specifically averred with regard to raising of queries and the response given by respondent No.2 stating that NCC and Sports Special Category verification status will be updated shortly and NCC and Sports allotments will be made in second phase counselling and will be updated on the website shortly. Therefore, the first phase counselling would be only in General Category. Sports Quota category will be considered in second phase of counselling.
v) Admittedly, the petitioner participated in the first phase of counselling by exercising his web option. He was allotted a seat in 9 KL,J W.P. No.45732 of 2022 Pendekanti College under BC 'D' category. According to him, respondent No.2 failed to update the Sports Category status on time and, therefore, he could not exercise the option in second phase. Whereas, it is the contention of respondent No.1 that on receipt of the list from the Sports Authority, the said fact was informed to all the candidates including the petitioner on 12.12.2022 by way of sending SMS. There is specific averment to the said effect in the counter affidavit. Even then, the petitioner did not file any reply denying the said fact.
vi) As discussed above, even according to the petitioner, he received response from respondent No.2 that sports quota allotment will be made in the second phase of counselling. There is no explanation from the petitioner, much less plausible explanation as to why he has not exercised web option during second phase of counselling i.e., Sports Quota. As stated above, the petitioner has not filed reply to the counter filed by respondent No.1.
vii) It is also the specific case of respondent No.1 that the candidate who secured the seat in University College of Law, 10 KL,J W.P. No.45732 of 2022 Osmania University, has scored a State Rank of 1228 and sports priority of 111 under 0.5% Quota. Thus, according to respondent No.1, priorities on Sports Quota were considered as per the list sent by the Sports Authority. As discussed above, as per G.O.Ms.No.2, dated 22.09.2020, priority was specifically given. The Scrutiny Committee and Evaluation Committee have to scrutinize the Certificates/Testimonials of achievements submitted by the candidates, and on evaluation of the same, final list will be sent to the Universities/Institutions for admissions under Sports Quota. In the present case, the list was furnished on 12.12.2022 on which date itself the same was informed to all the candidates by way of sending SMS. There is no explanation from the petitioner as to his failure in exercising web option during second phase of counselling. His own affidavit, queries raised by him and response given by respondent No.2 would reveal that NCC and Sports allotments will be made in second phase counselling. He has to exercise web option in respect of Sports Quota in second phase of counselling. He failed to exercise the said option.
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viii) Referring to the updated sports quota status on website dated 16.12.2022, Smt. C. Vani Reddy, learned Standing Counsel for respondent No.1, would submit that the same would disclose the details of candidates eligible for exercising web options and it is special category. Therefore, the petitioner failed to avail web option during second phase of counselling. Therefore, the petitioner having failed to exercise web option during second phase of counselling under Sports Quota, he cannot blame the respondents.
6. CONCLUSION:
i) As discussed above, at the cost of repetition, though respondent No.1 specifically contended in the counter that the Sports Quota admissions will be made in second phase of counselling, Sports Quota list was sent by the Sports Authority by 12.12.2022 and the same was informed to all the candidates who have exercised web options including the petitioner herein by way of sending SMS, the petitioner herein failed to exercise web option under Sports quota in the second phase of counselling. He failed to file any reply/rejoinder to the said counter.12
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ii) In view of the aforesaid discussion, the petitioner failed to make out any case to interfere with the said admissions. He is not entitled for any relief, much less the relief sought in the present writ petition. Thus, the writ petition fails and the same is liable to be dismissed.
iii) The present writ petition is accordingly dismissed. However, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.
_________________ K. LAKSHMAN, J 10th March, 2023 Mgr