Jammu & Kashmir High Court - Srinagar Bench
Anifa Bashir & Ors vs Ut Of J&K And Others on 30 October, 2023
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No.153
Suppl List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No.2771/2023
CM No.6590/2023
ANIFA BASHIR & ORS. ...PETITIONER(S)
Through: Mr. Saqib Amin Parray, Advocate.
Vs.
UT OF J&K AND OTHERS ....RESPONDENT(S)
Through: None.
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER(ORAL 30.10.2023
1. The petitioners have sought a direction upon the respondents to grant the benefit of sports category to them in the matter of admission to NEET-UG courses, 2023 on the basis of the certificates issued by Sqay Federation of India.
2. Heard and considered.
3. Briefly stated, case of the petitioners is that they have participated in the sport of Sqay at District, State and National level and have been awarded gold as well as silver medals at National and State level in the said sport. It has been submitted that Sqay Federation of India, which supervises the conduct of the aforesaid game at District, State/UT, National and International level, was recognised by the Government of India, Ministry of Youth Affairs and Sports, Government of India, and in this regard communication dated Page 2 of 3 25th September, 2015, has been addressed by the Joint Secretary, to the Secretary General of Sqay Federation of India, National Institute of Martial Arts, Drangbal Pampore. It has been submitted that the petitioners got affiliated with the Sqay Federation of India and the Sports Council and have participated in the sport at various levels regarding which certificates have been issued in their favour by J&K Sqay Association which is affiliated to Sqay Federation of India.
4. According to the petitioners, upto the year 2022, the certificates in the sport of Sqay issued by the J&K Sqay Association as also Sqay Association of Ladakh were being entertained and relied upon while considering the admission of candidates in the sports category for NEET-UG courses but recently the Sqay Federation of India has been de-recognized and now the certificates which the petitioners have earned are not being entertained by the respondents for granting them the benefit under the sports category for their admission to NEET-UG course, 2023. According to the petitioners, they have duly participated and competed in the Sqay sport and the certificates have been issued in their favour at a time when the Sqay Federation of India was having recognition from the Ministry of Youth Affairs and Sport, Government of India, as such, they cannot be denied the benefit of these certificates merely because the Sqay Federation of India has been de-recognized.
Page 3 of 3
5. If we have a look at the documents placed on record by the petitioners, the recognition letter dated 25th September, 2015, clearly provides a condition that in case recognition has been obtained by submitting false information or by misrepresentation of facts, the recognition may be withdrawn. The documents on record further show that Sqay Federation of India had obtained recognition from Ministry of Youth Affairs and Sports, Government of India, on the basis of a fake Societies Registration certificate. Thus, the very recognition of Sqay Federation of India is questionable and non-est in the eyes of law. Any certificate issued by the said Federation cannot be entertained when it has come to the notice of the respondents that the recognition has been withdrawn. Therefore, action of the respondents in not entertaining the certificates issued by Sqay Federation of India while considering the cases of the petitioners for grant of admission to NEET-UG course, 2023, cannot be termed as arbitrary or illegal.
6. For the foregoing reasons, the instant petition lacks merit and is dismissed along with connected CM.
(Sanjay Dhar) Judge Srinagar, 30.10.2023 "Bhat Altaf, PS"
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No