V. V. S. RAO, J. ( 1 ) ). THE petitioner assails the proceedings of the third respondent No. SAAP/aands/ 9475/98 dated 24-3-2000 by which it was declared that the certificate of participation given to the petitioner in 43rd Senior national Wrestling Championship conducted at Jallandhar shall not be considered for giving any benefit under sports persons quota in any Government agency or University. The Petitioner also assails the consequential show-cause notice issued by the first respondent No. 7499/ ea1/mbbs/99 dated 21-04-2000 calling upon the petitioner to show-cause as to why the admission given to the petitioner in first year MBBS course under sports quota should not be cancelled. ( 2 ) ). The petitioner appeared for eamcet-99 and obtained rank of 12882 . After counselling the petitioner was allotted a seat on 18-5-1999 in Sidhartha Medical college, Vijayawada, under sports quota, after verifying all the documents and certificates. These certificates included the certificate dated 13-7-1997 issued by the wrestling Federation of Slovnia, the certificates issued by the A. P. Amateur wrestling Association and A. P. Olympic association as well as the confirmatory endorsement issued by the Wrestling federation of India. Be it noted that the petitioner claims to have excellence in greco Roman wrestling and that he stood among the first three in many competitions. The petitioner joined the first year MBBS course in Sidhartha Medical College, vijayawada and prosecuting his studies. 3. One E. Sarala, who is impleaded as the fifth respondent in this writ petition, filed writ petition being W. P. No. 7499 of 1999 seeking a declaration that the action of the ntr University of Health Sciences, vijayawada and the Sports Authority of andhra Pradesh or SAAP for brevity (respondent Nos. 1 and 2 herein) in not inquiring into the genuineness of the certificates produced by the petitioner herein and selecting him for MBBS course under sports quota as illegal and arbitrary and also for consequential direction to the director General of Police to conduct inquiry into the genuineness of the certificates relied on by the petitioner. The contention of the fifth respondent was that basing on the certificate issued by the wrestling Federation of Slovania, the petitioner herein was considered under priority-12 as per Annexure to G. O. Ms. No. 254 dated 28-4-1999 and that no proper verification was conducted by the Deputy director of the second respondent. The contention of the fifth respondent was that basing on the certificate issued by the wrestling Federation of Slovania, the petitioner herein was considered under priority-12 as per Annexure to G. O. Ms. No. 254 dated 28-4-1999 and that no proper verification was conducted by the Deputy director of the second respondent. This court by order dated 9-11-1999 disposed of the said writ petition directing that a fresh decision be taken within one month. It is apposite to extract the Mandamus issued by this Court. "in the circumstances, I do not see any irregularity or illegality with the action taken by the respondents. But, however, to make sure and to verify the genuineness of the certificates produced by the 4th respondent and the verification made by the SAAP, it will be desirable again to make an enquiry with regard to the certificate produced by the 4th respondent with the concerned Wrestling Association or any other concerned Association and review the matter afresh after giving an opportunity to the fourth respondent as well as the petitioner and take a decision afresh, within one month from the date of receipt of a copy of this order. " ( 3 ) BE it also noted that while issuing the above direction this Court categorically held that there is no illegality or irregularity in the procedure adopted by the SAAP as well as the Deputy Director, while verifying the certificates produced by the petitioner herein. ( 4 ) IN obedience to the orders of this court dated 9-11-1999 the third respondent conducted inquiry with regard to the certificates produced by the petitioner. After conducting the inquiry and considering the representation of the petitioner dated 21-12-1999 and communications from various associations the third respondent passed orders in proceedings No. SAAP/aands/9475/98 dated 7-2-2000. In the said proceedings, the third respondent relied on the communication dated 20-12-1999 sent by the Secretary of A. P. Amateur Wrestling association and also the communication sent by the Secretary A. P. Olympic association. Both the Associations confirmed the participation of the petitioner in the National Wrestling Championship at jallandhar and in XIth World Wrestling championship for Cadets (Greeco Roman) at Maribor, Solvania. So as to verify the same, the third respondent addressed the president, Wrestling Association of solvania on 9-12-1999 requesting to intimate whether XIth World Wrestling championship meet for cadets was conducted in Maribor from 9-13 July, 1997. So as to verify the same, the third respondent addressed the president, Wrestling Association of solvania on 9-12-1999 requesting to intimate whether XIth World Wrestling championship meet for cadets was conducted in Maribor from 9-13 July, 1997. As on the date of passing orders on 7-2-2000, the third respondent, however, did not receive any reply from Solvania. But the third respondent purportedly relied on the documentary evidence and came to the conclusion that the petitioner did not represent India in the Championship held at Maribor and that even if the petitioner has participated at his own costs, the same does not satisfy the condition that the person should have represented India. Therefore, the certificate issued by the president, Wrestling Association of solvania was disbelieved. ( 5 ) THE third respondent took into consideration the certificate of participation of the petitioner in the National championships at Jallandhar and accordingly changed the priority earlier given to the petitioner from 12 to 35 . It is pertinent to mention herein that the government of Andhra Pradesh issued g. O. Ms. No. 254 dated 28-4-1993 laying down the guidelines in respect of the priorities to be followed for selection of candidates for admission to the Medical courses under the category NCC/children of Ex-servicemen and sports/games quota. As per the order of priority under the sports/games quota, a person representing the nation in approved world competitions for Junior/youth is placed at priority no. 12; whereas the person representing the state in National Championship for men/women is placed at priority No. 35. ( 6 ) THE proceedings issued by the third respondent on 7-2-2000 ought to have resulted in decent quietus. But the whole controversy is again raised by the fifth respondent, who is also aspiring to be admitted to the first year MBBS course, as a sports woman under the priority 37 of g. O. Ms. No. 254, claiming to have participated in the Junior National championship in Table tennis. ( 7 ) INDEED, when this Court issued mandamus on 9-11-1999 in W. P. No. 7499 of 1999 filed by the fifth respondent herein, it was clearly held that there is no irregularity or illegality in the action taken by the respondents in verifying the certificates of the petitioner herein and that it is only "desirable again to make an inquiry with regard to the certificates produced by the fourth respondent". The Certificate, which was sought to be verified at that stage, was the certificate issued by the President of the wrestling Association of Slovania. Ordinarily, the inquiry conducted by the third respondent pursuant to the orders of this Court resulting in issuing the proceedings dated 7-2-2000 should have concluded genuineness of the sports certificate produced by the petitioner. But it did not happen. ( 8 ) THE father of the fifth respondent addressed the third respondent on 14-2-2000. Based on that another enquiry was conducted by the third respondent. No notice was issued to the petitioner. No notice was issued either to the A. P. Amateur Wrestling Association or the A. P. Olympic Association or the Wrestling federation of India. The third respondent verified the file bearing No. APAWA/ 4161/96 and checked the past history of the case and the process of selection of the team for Jallandhar Championships. After verifying the file the third respondent recorded that the petitioner did not participate in the Inter District Junior wrestling Championships held from 28-7-1995 to 30-7-1995 held at the Football stadium, Hyderabad: that the petitioner did not participate in A. P. State Junior wrestling Championships held on 31-7-1995; that the petitioner did not participate in Junior Inter District championships held at Hanuman vyayamashala between 26-4-1995 and 30-4-1995 and that the petitioner was not included in the team representing the State of Andhra Pradesh in the South Zone wrestling Championships at Vasco-Da- gama or in the Inter District, Wrestling championships held at Rajahmundry from 12-10-1996 to 13-10-1996 etc. The third respondent also appears to have conducted the test to know the knowledge of the petitioner in wrestling skills and to know his ability in wrestling. Accordingly the petitioner was summoned and the report of the coaches who conducted bout was obtained. Based on the above instances and report of the coaches, the third respondent cancelled the certificate of participation of the petitioner in the Senior Wrestling championships held at Jallandhar, in effect depriving the petitioner any benefit under the sports quota in University admissions. In paragraph-6 of the proceedings dated 24-3-2000, at page-3, the third respondent recorded as under:"it was clear that Lokesh Kumar did not win any position at any of the inter-District Tournaments before or after the supposed participation in nationals at Jallandhar in 1996. He was selected by back door methods by the Secretary of the Wrestling association. In paragraph-6 of the proceedings dated 24-3-2000, at page-3, the third respondent recorded as under:"it was clear that Lokesh Kumar did not win any position at any of the inter-District Tournaments before or after the supposed participation in nationals at Jallandhar in 1996. He was selected by back door methods by the Secretary of the Wrestling association. " (emphasis added) ( 9 ) A copy of the proceedings dated 24-3-2000 was also sent to the Registrar of the first respondent. Thereupon the registrar of the first respondent issued show-cause notice dt. 21-4-2000 calling upon the petitioner to show-cause as to why his admission to the MBBS course under the sports/games quota should not be cancelled. This gave cause of action to the petitioner to approach this Court by filing this writ petition. ( 10 ) IN this writ petition, Notice before admission was ordered further directing the first respondent to consider the explanation submitted by the petitioner to the show cause notice dated 21-4-2000 and pass appropriate orders and not to give effect to the final order, if any, till 16-6-2000. ( 11 ) THE fifth respondent, who had earlier filed W. P. No. 7499 of 1999, filed two applications - one praying this Court to implead her as fifth respondent and another application being W. V. M. P. No. 1309 of 2000 to vacate the interim order granted on 21-5-2000. As the submissions made for the purposes of these interlocutory applications and the main writ petition are one and the same, the writ petition is being disposed of at the interlocutory stage with the consent of the learned Counsel for the petitioner, the fifth respondent and the learned Counsel appearing for other respondents. ( 12 ) LEARNED Counsel for the petitioner, sri B. Sairam Goud, submits that pursuant to the orders of this Court in W. P. No. 7449 of 1999 dated 9-11-1999, the third respondent issued notice to all the recognized Sports Associations and obtained their remarks/reports and passed orders changing the priority of the petitioner from 12 to 35. At that stage, the certificate issued by the President of the wrestling Association of Slovania was not set aside because, though the third respondent addressed letter on 9-12-1999 to slovania Wrestling Federation no reply was received. Further, the third respondent confirmed the participation of the petitioner in National Wrestling Championship at jallandhar. At that stage, the certificate issued by the President of the wrestling Association of Slovania was not set aside because, though the third respondent addressed letter on 9-12-1999 to slovania Wrestling Federation no reply was received. Further, the third respondent confirmed the participation of the petitioner in National Wrestling Championship at jallandhar. In view of this, it is arbitrary, improper and illegal for the third respondent to again reopen the issue based on a letter addressed by the father of the fifth respondent, without any valid ground. ( 13 ) THE contentions of the learned counsel for the petitioner are strenuously refuted by the learned Counsel for the third and fifth respondents. The important contention is that the petitioner was never a wrestler and he never participated either in the Junior or Senior National championships and his participation in the world Wrestling Championship at Maribor. Slovania is doubtful and unauthorized. Therefore, the petitioner is not entitled to seek any admission under the sports/ games quota. They also submitted that the petitioner obtained the certificate of participation in Jallandhar competitions with the active connivance of Sri A. Narsing rao, the Secretary of A. P. Wrestling association, who gave false information that the petitioner participated in the jallandhar competitions. The petitioner, it is alleged, obtained the certificate, by playing fraud on the SAAP and, therefore, the benefit obtained by the petitioner by producing such a false certificate should be withdrawn. ( 14 ) THE point that arises for consideration is whether the second enquiry conducted by the third respondent is valid and if the conducting of enquiry is valid whether the conclusions arrived at by the third respondent are legal and sustainable. ( 15 ) IN W. P. No. 7499 of 1999 dated 9-11-1999, this Court approved the method and manner of verification conducted by the third respondent, as well as its Deputy director to verify the certificates produced by the petitioner, while seeking admission to the first year MBBS course at Sidhartha medical College. However, this Court felt that it is desirable again to conduct an inquiry and take a fresh decision. Thereafter, as directed by this Court notices were issued by the third respondent to the a. P. Olympic Association, as well as A. P. Amateur Wrestling Association. However, this Court felt that it is desirable again to conduct an inquiry and take a fresh decision. Thereafter, as directed by this Court notices were issued by the third respondent to the a. P. Olympic Association, as well as A. P. Amateur Wrestling Association. After receiving the notice, the Secretary of the a. P. Olympic Association addressed a letter on 27-12-1999 to the Secretary of the slovania Wrestling Federation, Maribor, requesting to inform whether the petitioner participated in the XI World Wrestling championship held at Maribor from 9-7-1997 to 13-7-1997. A copy of the same was marked to Federation too. In reply to the said letter, the Secretary General of the wrestling Federation by letter dated 31-2-1999 informed the A. P. Olympic association that Sri A. Narsing Rao, secretary of A. P. Wrestling Association and the petitioner have participated in the xi World Wrestling Championship for cadets in Maribor at their own cost as per the report of the Indian Wrestling Team manager. ( 16 ) IN the meanwhile, in response to the notice dated 18-12-1999 issued by the third respondent, the Secretary of the A. P. Amateur Wrestling Association informed that the petitioner participated in the Inter district Wrestling Championships held at lalbahadur Stadium from 28-7-1995 to 30-7-1995 and secured Gold medal; that the petitioner represented the State in the national Wrestling Championship at jallandhar from 1-5 November, 1996 and that the petitioner also represented India in the Junior (Cadets) World Wrestling championship (Greco Roman Style) held at maribor organised by the Slovania wrestling Federation. While saying so, the secretary of A. P. Amateur Wrestling association also confirmed that the certificate of World Wrestling championship produced by the petitioner is genuine and requested that if there is any doubt, the same can be verified from the secretary of Slovania Wrestling Federation. Likewise, the A. P. Olympic Association sent a communication on 21-12-1999 in response to the notice issued by the third respondent informing that the Government is not clearing all the Managers, Coaches and players to participate in the International and World Championships in every case. In such cases, the concerned Federations will send them on their own cost basis to encourage the deserving talented players. The petitioner also sent a reply on 21-12-1999 enclosing the Certificate/ diploma issued by the President of the solvanian Wrestling Federation and othe certificates. In such cases, the concerned Federations will send them on their own cost basis to encourage the deserving talented players. The petitioner also sent a reply on 21-12-1999 enclosing the Certificate/ diploma issued by the President of the solvanian Wrestling Federation and othe certificates. These documents formed the basis for issuance of proceedings dated 7-2-2000 by the third respondent changing the priority from 12 to 35. ( 17 ) AFTER receiving the representation dated 14-2-2000 from the father of the fifth respondent, the third respondent took up the matter de novo. The proceedings dated 24-3-2000, as rightly contended by the learned Counsel for the petitioner, ignores the certificate and the Diploma issued by the Slovanian Wrestling Federation, as well as the communications sent to the third respondent by the A. P. Amateur Wrestling association and the A. P. Olympic association, which were indeed sent pursuant to a notice issued by the third respondent. The third respondent purported to have relied on the Wrestling events held in July, 1995 and January, 1996, held at Vasco-Da-Gama, which in my considered opinion, is irrelevant for the inquiry. If there is any doubt that there is fraud or misrepresentation, the relevant inquiry ought to have centered around the question whether the participation of the petitioner in the 43rd Senior National championship at Jallandhar is genuine or not. On this, the third respondent records a finding that the petitioner was selected by the back door method for participation in jallandhar events. It is well settled that when order/decision making is based on relevant/irrelevant consideration, such a decision would be vitiated ( 18 ) IN Takkamore s case the Hon ble supreme Court observed as under:"an administrative or quasi judicial order based on several grounds, all taken together, cannot be sustained if it be found that some of the grounds are non-existent or irrelevant, and there is nothing to show that the authority would have passed the order on the basis of the other relevant and existing grounds. On the other hand, an order based on several grounds some of which are found to be nonexistent or irrelevant, can be sustained if the Court is satisfied that the authority would have passed the order on the basis of the other relevant and existing grounds and the exclusion of the irrelevant or non-existent grounds could not have affected the ultimate opinion or decision. " ( 19 ) IN Ram Avtar s case (supra) dealing with the power of the Government under section 10 (1) of the Industrial Disputes Act, 1947, to make a reference to the government the law was laid down as follows:". . . . . IF the grounds on which or the reasons for which the Government declined to make a reference under section 10 are irrelevant, extraneous or not germane to the determination, it is well settled that the party aggrieved thereby would be entitled to move the court of a Writ of Mandamus. It is equally well settled that where the government purports to give reasons which tantamount to adjudication and refuses to make a reference, the appropriate Government could be said to have acted on extraneous, irrelevant grounds or grounds not germane to the determination and a Writ of mandamus would lie calling upon the government to reconsider its decision. In this case a clear case for grant of writ of Mandamus is made out. " ( 20 ) THEREFORE, the relevant considerations were ignored and irrelevant aspects influenced the decision taken by the third respondent. The order of the third respondent is therefore liable to be set aside. ( 21 ) ANOTHER aspect of the matter is that while conducting de novo enquiry, after 7-2-2000, the petitioner was not given any notice. No doubt, the petitioner was asked to be present to participate in test bout in the presence of coaches presumably to test his knowledge in wrestling skills and his ability in wrestling. It is not denied by sri C. V. Mohan Reddy, learned Standing counsel for the third respondent that the petitioner was given any specific notice for his presence or any explanation was called for in connection with de novo inquiry, for cancellation of the Certificate of participation in jallandhar Championship. On this ground also the impugned order is liable to be set aside. ( 22 ) THE learned Standing Counsel for the third respondent, as well as the learned counsel appearing for the fifth respondent are right in contending that fraud and misrepresentation unravels everything. When a benefit is obtained by playing fraud or misrepresentation, the same cannot be allowed to continue and the same should be withdrawn. ( 22 ) THE learned Standing Counsel for the third respondent, as well as the learned counsel appearing for the fifth respondent are right in contending that fraud and misrepresentation unravels everything. When a benefit is obtained by playing fraud or misrepresentation, the same cannot be allowed to continue and the same should be withdrawn. After conducting inquiry, as directed by this Court, which culminated in issuance of proceedings dated 7-2-2000 the action of the third respondent in conducting de novo inquiry based on the representation dated 14-2-2000 submitted on behalf of the fifth respondent may be justified on this ground. However, I must hasten to add that mere suspicion as to the genuineness of the certificates of participation in Slovania as well as in Jallandhar, action cannot be taken by conducting repeated enquiries. ( 23 ) A close reading of the proceedings dated 24-3-2000 supports the submission of the learned Counsel for the petitioner that the third respondent does not dispute the participation of the petitioner in Jallandhar events. What is doubted is the method of entry into the State team for participation in the National Championship at Jallandhar. Therefore, it is doubtful as to whether the ground of fraud or misrepresentation can be invoked to cancel the certificate of participation given to the petitioner. However, if any doubt, still persists having regard to the well meaning object and purpose of providing reservations for the sports/games persons in University admissions, I deem it proper to leave it open to the third respondent to conduct, if necessary, a fresh inquiry after issuing notice to all the sports bodies and authorities, as well as the petitioner in accordance with the law keeping the observations made herein above, while conducting fresh inquiry. In view of this, the show-cause notice issued by the first respondent on 21-4-2000 which is consequential to the proceedings dated 24-3-2000 cannot survive. ( 24 ) ACCORDINGLY, the writ petition is disposed of. In view of this, the show-cause notice issued by the first respondent on 21-4-2000 which is consequential to the proceedings dated 24-3-2000 cannot survive. ( 24 ) ACCORDINGLY, the writ petition is disposed of. The proceedings No. SAAP/ aands/9475/98 dated 24-3-2000 issued by the third respondent is set aside leaving it open to the third respondent to conduct an inquiry, if necessary, into the validity or genuineness of the certificate of participation of the petitioner in the 43rd senior National Wrestling Championship at jallandhar during 1st to 5th November, 1996, as well as the participation of the petitioner as a Member of the Indian Team in Juniors (Cadets) World Wrestling championship (Greco Roman Style) held at maribor (Slovania) from 9-7-1997 to 13-7-1997. ( 25 ) THE writ petition is accordingly disposed of No costs.