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Andhra High Court · body

2001 DIGILAW 1277 (AP)

Irfan Ahmad v. Government Of A. P.

2001-10-13

S.B.SINHA, V.V.S.RAO

body2001
S. B. SINHA, J. ( 1 ) THIS appeal is directed against a judgment and order dated 3. 9. 2001 passed by a learned single Judge of this Court in Writ Petition No. 17451 of 2001 whereby and whereunder the writ petition filed by the appellant was dismissed. Facts : ( 2 ) THE Higher Education Department of the State issued G. O. Ms. No. 103 Higher Education (EC. 2) Department, dated 15. 7. 2000 whereby and whereunder a pattern of priorities was directed to be followed for admission into Engineering colleges for 0. 5% seats reserved for the Games and Sports from the academic year 2000-2001 onwards. Clause (3) of the said Government order identifies the games and sports which would fall in the said category. However, the Andhra Pradesh Olympic Association addressed a letter dated 25. 8. 2000 to the Secretary, Youth Advancement, Tourism, Culture, Sports Department, Government of Andhra Pradesh stating: i am to bring to your kind notice that the baseball game is an international discipline, recognised by the International Olympic Committee, Government of India and also Indian Olympic Association, having 145 country members. I am happy to mention here that majority of baseball players and officials are representing our country for the last so many years and brought laurels to our country and State. I therefore request you to kindly include baseball discipline also in the recognised list of A. P. Government, extending all benefits on par with its other recognised sports and games disciplines, by issuing G. O. ( 3 ) YET again, the Andhra Pradesh Olympic Association by a letter dated 8. 8. 2001 addressed to the Hon ble Minister for Higher Education requested to include the baseball game in the aforementioned category. ( 4 ) THE sports policy of the State is laid down in G. O. Ms. No. 84 Youth Advancement Tourism and Culture (Sports) Department, dated 4. 5. 2000, clause (10) whereof is in the following terms: nurturing SPORTS EXCELLENCE: the promising sports persons selected will be provided admission in sports schools/ academies for specialised coaching. 1. Residential Sports Schools: The young sports persons selected shall be provided admission in the Residential Sports Schools, formed by converting one of residential schools in district. Government will provide specialist coaching for these elected students. 2. 1. Residential Sports Schools: The young sports persons selected shall be provided admission in the Residential Sports Schools, formed by converting one of residential schools in district. Government will provide specialist coaching for these elected students. 2. Sports Academies: Sports persons with talents to play at Junior and Senior National level will be considered for admission in the SAAP/sai Sports Academies, which will be centres of excellence. Academies will provide for residential academic coaching also. Initially, 16 sports academies will be established by converting existing SAAP/ SAI sports hostels, providing facilities for training. For selected sports persons of extraordinary promise, expertise from abroad will be provided for nurturing them into internationally renowned sport persons. Sports academies will be offered for adoption to reputed corporate bodies who undertake to participate in financing their development and for providing expert coaching, training materials, apart from sponsoring them for recognised tournaments elsewhere. 3. Coaching in districts: Apart from this, coaching facilities will be provided essentially covering all the selected disciplines in this policy in each district headquarters. The coaching will be given duly charging user fees, which shall be utilised for improving the sports facilities in the district. The performance of the coaches will be monitored by computerising the data of the trainees every month. Coaches will be given refresher training every once a quarter to keep them abreast of latest technology in sports performance and training. The training subjects shall include sports medicine and sports psychology. All Universities will be requested to start degree courses in Sports Science covering Sports Medicine, Instrumentation, Bio-Mechanics, Human nutrition and exercise physiology. All coaches of SAAP will be encouraged to undergo the course. DSAs shall invite reputed sports persons with track records in Nationals and Internationals to work as part-time coaches in villages/ towns of their choice, so that their example may inspire students. The cost of such honorarium, however, shall be covered by user charges. ( 5 ) THE submission of the learned Counsel for the appellant is that baseball should be included in the sports policy of the State. It was further submitted that the learned single Judge erred in relying upon the decision of the apex Court in Chandigarh Administration v. Manpreet Singh, AIR 1992 SC 435 . ( 6 ) AS indicated hereinbefore, the reservation for the sports category is only 0. 5% in the admission to Engineering colleges. It was further submitted that the learned single Judge erred in relying upon the decision of the apex Court in Chandigarh Administration v. Manpreet Singh, AIR 1992 SC 435 . ( 6 ) AS indicated hereinbefore, the reservation for the sports category is only 0. 5% in the admission to Engineering colleges. ( 7 ) THE games and sports mentioned in G. O. Ms. No. 103 contained executive priorities. It may be true that A. P. Olympic Association had made recommendations for inclusion of baseball. But it is not the case of the respondents that such recommendation had ever been accepted. In fact the Sports Authority of India, in its counter-affidavit, has stated that the same has never been recommended. It is not in dispute that the State had not passed any order on the basis of the recommendations of the Andhra Pradesh Olympic Association. Issue: ( 8 ) THE only question which arises for consideration in this appeal is as to whether it is permissible for this Court to issue a direction as has been prayed for in the writ petition. The answer to the said question must be rendered in the negative. Findings : ( 9 ) RESERVATION for any particular class or category of people or priorities granted to them in the matter of admission into colleges and employment is a question of policy. The High Court in exercise of its jurisdiction under Article 226 of the Constitution of india can hold such policy or a part thereof to be bad in law in the event the same contravenes any of the provisions of the Constitution. It, however, in rarest of rare cases issues a direction in this regard. Under inclusion should not be a ground for issuance of a direction on the ground of purported infraction of Article 14 of the Constitution whereas over inclusion may be a ground for issuance of an appropriate writ. Whether baseball is such a sport which merit reservation and/or grant of priority in the matter of admission over and above the other sports is essentially a matter of policy decision. The Court, in exercise of its jurisdiction under Article 226 of the Constitution, normally does not interfere with the policy decision. Such policy decision is arrived at upon recommendations made by the expert body. In the instant case, the Sports Authority of India did not make any such recommendation. The Court, in exercise of its jurisdiction under Article 226 of the Constitution, normally does not interfere with the policy decision. Such policy decision is arrived at upon recommendations made by the expert body. In the instant case, the Sports Authority of India did not make any such recommendation. To the aforementioned extent, in our opinion, the judgment of the apex Court in Chandigarh Administration (supra) is relevant. ( 10 ) THE jurisdiction of this Court is supervisory in nature. It normally cannot over step the well recognised bounds of its jurisdiction. In this view of the matter we are of the opinion that in a case of this nature no writ of or in the nature of mandamus can be issued compelling the Government to change its policy decision for including certain games and sports in the category or excluding some other which had found place in the category. ( 11 ) WE are, therefore, of the opinion that no case has been made out for interference with the impugned judgment. The Writ Appeal is accordingly dismissed. There shall be no order as to costs.