TIRATH S. THAKUR, J. ( 1 ) IN this Petition for a mandamus, the petitioner seeks a direction against the respondent-University for consideration of her claim for admission to MCA Course in the sports category. The controversy arises in the following circumstances:- the 'petitioner has passed her Degree Course in Business management from Maharaja's College at Mysore, which is affiliated to the respondent-University of Mysore. Applications for admission to Masters Course in Computer Application having been invited by the University, the petitioner also applied and appeared in the entrance examination conducted for the purpose. Her claim for consideration in the sports category was however turned down apparently on the ground that the petitioner had not played for the mysore University, which according to the respondents, was an essential requirement for any candidate to qualify of consideration said category. The petitioner has questioned the correctness of the said view in the present proceedings and as noticed earlier prayed for a mandamus for consideration of her claim as a sports person. ( 2 ) ADMISSION to post graduate Degree/diploma Courses in the respondent-University are regulated by revised Regulations notified in terms of a notification dated 14th of June 1999 for the academic year 1999-2000 onwards. The Regulations are called The University of Mysore Post-graduate Degree/diploma (Entrance Examination and admission) Regulations 1999. Regulation 4. 4. of the said Regulations envisages allocation of seats for certain category of candidates in post graduate Course. These categories include sports, physically handicapped candidates, children of employees of University of mysore Teaching Staff, children of University of Mysore non-teaching staff, children of employees of affiliated Colleges, NCC, NSS and those who are interested in literary and cultural activities. The regulation in so far as the same is relevant for our purposes reads as under:-"there shall be allocation of seats for the following category of candidates in Post-graduate Courses. a) SPORTS overall 15 seats,not exceeding one seat in each Course.
The regulation in so far as the same is relevant for our purposes reads as under:-"there shall be allocation of seats for the following category of candidates in Post-graduate Courses. a) SPORTS overall 15 seats,not exceeding one seat in each Course. b) PHYSICALLY HANDICAPPED CANDIDATES xxx XXX XXX XXX XXX c) CHILDREN OF EMPLOYEES OF UNIVERSITY OF mysore TEACHING STAFF d) CHILDREN OF UNIVERSITY OF MYSORE NONTEACHING STAFF xxx XXX XXX XXX XXX e) CHILDREN OF EMPLOYEES OF AFFILIATED COLLEGES xxx XXX XXX XXX XXX f) N. C. C. XXX XXX XXX XXX XXX g) N. S. S. XXX XXX XXX XXX XXX ( 3 ) A plain reading of the above would show that the same does not require the candidates concerned to have played for the university of Mysore in order to qualify for consideration in the sports category. All that the Regulation provides is that seats among the sports category candidates shall be allocated on the basis of a weightage criteria to be prescribed by the Director of Physical education. Mr. Rajendra Kumar Counsel appearing for the University, has not produced before me the "weightage criteria" if any prescribed by the Director of Physical Education as contemplated by Regulation ( 4 ) 4. (SUPRA ). What has been produced and relied upon are certain guidelines dated 10th August 1999 issued by the University under the signatures of the Registrar for allotment of seats in categories like sports, physically handicapped, NCC, NSS etc. It is useful at this stage to extract the relevant portion of the said guidelines:- guidelines FOR ALLOTMENT OF SEATS UNDER SPECIAL category LIKE SPORTS, PHYSICALLY HANDICAPPED, NCC, nss, ETC. , FOR ADMISSION TO P. G. DEGREE COURSES. As per Section 4. 4. of the Revised Regulations governing the conduct of Entrance Examination and Admission to Postgraduate degree/diploma Courses approved by the Government of karnataka vide letter No. ED/23/ums/99 dated 10. 6. 99 over all 15 seats not exceeding one seat on each course shall be allocated to under each of the following category for admission of candidates to P. G. Degree Courses. The following is the detailed guideline for allocation of seats under each category. 1. SPORTS: seats may be allotted for an outstanding Sports Person of mysore University who have represented Mysore University at national/state/inter-University level in the Order of preference.
The following is the detailed guideline for allocation of seats under each category. 1. SPORTS: seats may be allotted for an outstanding Sports Person of mysore University who have represented Mysore University at national/state/inter-University level in the Order of preference. Merit shall be considered on the basis of outstanding performance in sports only. In case where there are more than one candidates at the same level, the performance of the examinations shall be the criteria for selection. "4. It was argued by Mr. Rajendra Kumar that in the light of the above guidelines only such candidates as had represented the mysore University at National/state/inter University level are entitled to be considered in the sports category. He argued that the purpose behind the said requirement was to promote sports activity among undergraduate students pursuing studies in Colleges affiliated to the mysore University. It is difficult, in my opinion, to sustain that argument for precisely speaking three reasons. Firstly because regulation 4. 4 of the Regulations referred to earlier does not limit the consideration of candidates in the sports category to only those, who have represented the Mysore University at any National/state of Inter University event. If the intention of the Rule making authority was to confine the benefit of reservation to only such sports persons as had represented the University, nothing prevented it from making that intention explicit. The absence of any specific requirement in the Regulations must inevitably mean that the Regulations do not forbid sports persons, whether or not they have represented the university from applying for admission in the said category. If that be so, as it is in my opinion, the guidelines issued by the University, inasmuch as the same purport to restrict the zone of consideration to candidates representing the Mysore University alone is ultravires of the statutory requirement. ( 5 ) SECONDLY because the whole object underlying reservation for sports persons is to promote sports generally not necessarily confined to those playing for any particular Institution or the University. If the reservation is limited to those, who represented the Mysore university, it may lead to anomalous and even absurd results in certain situations, which cannot be said to be inconceivable. Take for instance, a candidate, who has passed out from an Institution affiliated to the Mysore University and has during his undergraduate studies represented the Country in an Olympic event and earned laurels.
Take for instance, a candidate, who has passed out from an Institution affiliated to the Mysore University and has during his undergraduate studies represented the Country in an Olympic event and earned laurels. According to the interpretation placed by the respondent-University on the regulation and the guidelines issued by it, such a person would be ineligible for the benefit of reservation, because he or she has not represented the University no matter he or she had the distinction of representing the Country in an international event. Significantly, the guidelines issued by the University do not even conceive of situations, where a candidate from an Institution affiliated to the University may represent the Country in an international event. The guidelines envisage representation only at National/state/inter university levels. Such an absurdity must be eschewed and a beneficial provision like the present making a reservation for sports person given its widest interpretation to promote the object underlying the same. ( 6 ) THIRDLY because representation at a level higher than the university should necessarily mean representation of the University as well. If a sports person has represented the State or the Country in any national or international level, any such representation must imply that the University located in that State is also represented. The greater includes the lesser by necessary implications. The petitioner's case is some what similar. She has according to the averments made in the Writ Petition represented the State of. Karnataka in the 4th National Games held at Bangalore and Mysore. A certificate issued to that effect and signed by Chief Minister, who was the Chairman of the Organising Committee and the Minister for youth Services and Sports, who was the President of Karnataka olympic Association has been produced as Annexure-D. This would mean that the petitioner was recognised as a promising sports person, who deserved and was included in the State team. Her participation in the National Games notwithstanding. She would ironically fall outside the zone of consideration, if the interpretation placed by the University were to be accepted. That is because her participation at the National Games does not tantamount to representing the Mysore University so as to qualify for her consideration in the sports category.
Her participation in the National Games notwithstanding. She would ironically fall outside the zone of consideration, if the interpretation placed by the University were to be accepted. That is because her participation at the National Games does not tantamount to representing the Mysore University so as to qualify for her consideration in the sports category. It would be ironical if not ridiculous to suggest that a candidate who is proficient enough to represent the entire State is ineligible for consideration in the sports category only because the University from which she passed her undergraduate examination did not have a team in which she could possibly participate in any other inter-State or inter-University level tournament. Suffice it to say that the non-consideration of the petitioner's case in the sports category based as it is entirely on the guidelines issued by the University, was wholly improper and unfair to say the least. This Writ Petition accordingly succeeds and is hereby allowed with a direction to the respondents to consider the petitioner's claim for admission to the Course treating her as eligible for admission in the sports category in accordance with the criteria/weightage, if any, prescribed by the Director of Physical Education. The petitioner is also held entitled to costs of Rs. 1,500/- --- *** --- .