ORDER : 1. Heard Smt. Avanija Inuganti, Learned Counsel for the Writ Petitioner and Sri Ravi Kiran Kumar Kolusu, Learned Standing Counsel for SAAP. 2. The prayer made in the Writ Petition is as under: “It is prayed that this Hon’ble Court may be pleased to issue an appropriate writ or order or direction more particularly a writ in the nature of a writ of Mandamus declaring: (i) action of the 2nd Respondent in issuing G.O.Ms. No. 10, Ministry of Youth advancement, Tourism & Culture (Sports) Department dated 15.07.2008 and by nit including Sports certificates issued by the 7th Respondent i.e. Kendriya Vidyalaya Sangathan (KVS) for availing the benefit of admission into educational institutions through Sports Quota. (ii) action of the 4th Respondent in declaring the Petitioner as ineligible for admission through Sports Quota by issuing/publishing his name at item 31 in the “not eligible list.” (iii) consequent action of the 5th Respondent herein in publishing “RGUKT UG-Admissions 2023-24- Provisional Selection List under Sports Category” and Tentative Priority List towards admission into 6 years integrated B.Tech program in RGKUT under Sports Quota prepared as per G.O.Ms. No. 10 of YAT & C(S) Dept. dated 15.07.2008” by not including the name of the Petitioner herein despite receiving his representation dated 31.07.2023. As being illegal, arbitrary, unreasonable and vitiated by non-application of mind and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents herein to consider the Sports Certificates issued by the 7th Respondent i.e. Kendriya Vidyalaya Sangathan on par with CBSE certificates and to consider the candidature of the Petitioner herein for admission through Sports Quota into 6th Respondent College and consequently, to include his name in the RGUKT UG-Admissions 2023-24 Provisional Selection List under Sports Category and/or pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. The case of the Writ Petitioner is that the Sports Certificates (in relation to Teakwondo Sport) issued by the 7th Respondent (Kendriya Vidyalaya Sangathan-KVS) were not considered by the Respondent No. 4 namely the Sports Authority of Andhra Pradesh (SAAP) on the ground that the Certificates issued by the Respondent No. 7-Kendriya Vidyalaya Sangathan, is not included in the list of Recognized Institutions under G.O.Ms. No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008.
No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008. The Writ Petitioner is, therefore, aggrieved by the non-recognition of the Sports participation Certificate secured by him from Kendriya Vidyalaya Sangathan, for seeking Admission under Sports Quota in RGUKT UG-Admissions, 2023-2024. FACTS: 4. The facts of the case are that the Writ Petitioner was student of Respondent No. 7- Kendriya Vidyalaya Sangathan (KVS), Kadapa, from 1st Grade to 10th Grade; that the Petitioner participated in several Teakwondo competitions since the age of seven years; that the Writ Petitioner secured Gold Medal in Regional’s Under-17 Boy Category conducted at Uppal-2, From 29.08.2022 to 30.08.2022; that he had also participated in National Sports Competition at Agra from 16.10.2022 to 20.10.2022; that after completion of 10th Grade, the Writ Petitioner had applied for 6 years integrated B. Tech Programme under Sports Quota in the College of Respondent No. 6 - Indian Institute of Information Technology, Chittoor; that the Petitioner was declared as ineligible by Respondent No. 4 (SAAP) and published the name of the Petitioner in the ‘Not Eligible List’ under the Sports Quota on the ground that the Kendriya Vidyalaya Sangathan Institutions are not recognized as per G.O.Ms. No. 10, dated 15.07.2008. SUBMISSIONS OF LD. COUNSEL FOR THE PETITIONER: 5. Smt. Avanija Inuganti, Learned Counsel for the Writ Petitioner has further submitted that G.O.Ms. No. 10, dated 15.07.2008 was brought into force in supersession of all other GOs except G.O.Ms. No. 103, Higher Education (EC.2) Department, dated 15.07.2000 (Ex.P.6); that about 28 Sports Disciplines have been recognized as per G.O.Ms. No. 10 dated 15.07.2008; and that G.O.Ms. No. 103, dated 15.07.2000 recognizes Teakwondo as a Sport, under S. No. 27 of the list of Sports. 6.
No. 103, Higher Education (EC.2) Department, dated 15.07.2000 (Ex.P.6); that about 28 Sports Disciplines have been recognized as per G.O.Ms. No. 10 dated 15.07.2008; and that G.O.Ms. No. 103, dated 15.07.2000 recognizes Teakwondo as a Sport, under S. No. 27 of the list of Sports. 6. Learned Counsel for the Writ Petitioner would further submit that the Respondent No. 7-Kendriya Vidyalaya Sangathan is an Autonomous Body under the Ministry of Education, Government of India (Respondent No. 1) and that the Hon’ble Education Minister of India, is the Chairperson of Kendriya Vidyalaya Sangathan (KVS); that one of the aims and objects of the KVS is to promote games and sports as an integral part of students life; that for achieving these objectives, Respondent No. 7 has constituted a National Sports Control Board (NSCB); that KVS has published their own Guidelines for smooth conduct of KVS Regional National Sports Meets annually; that these Annual Sports Meets are approved by NSCB; that KVS is affiliated to School Games Federation of India (SGFI) and that SGFI itself is one of the National Sports Federations which is controlled by the Government of India through the Ministry of Youth Affairs and Sports. 7. Learned Counsel for the Writ Petitioner would further submit that the University of Delhi, Galgotias University and the States of Telangana, Tamil Nadu, Kerala and Delhi, clearly recognize eligibility of KVS Certificates for consideration of a candidate’s eligibility for Admission into various Courses/Colleges through Sports Quota. It is submitted that in these circumstances, where Teakwondo is a recognised Sport (per G.O.Ms. No. 103, dated 15.07.2000-Ex.P.6) and where the Sports Certificates issued by KVS are recognized by various States including the State of Telangana, the Petitioner was shocked when Respondent No. 7 has declined to consider his candidature for securing Admission under Sports Quota. 8. Learned Counsel for the Writ Petitioner has taken this Court through G.O.Ms. No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008 (Ex.P.1). Para No. 8 of the said G.O. clearly states that 28 Sports Disciplines stood the test of time which were enlisted through G.O.Ms. No. 103, Higher Education (EC.2) Department, dated 15.07.2000 and therefore, this G.O.Ms. No. 103, dated 15.07.2000 shall be followed. The G.O.Ms.
No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008 (Ex.P.1). Para No. 8 of the said G.O. clearly states that 28 Sports Disciplines stood the test of time which were enlisted through G.O.Ms. No. 103, Higher Education (EC.2) Department, dated 15.07.2000 and therefore, this G.O.Ms. No. 103, dated 15.07.2000 shall be followed. The G.O.Ms. No. 103, dated 15.07.2000 (Ex.P.6) at Para No. 3 has the list of Games and Sports which shall be considered for Sports Quota and that at Sl.No. 27, Game/Sport Teakwondo is indicated (This G.O. is not superseded); that G.O.Ms. No. 10, dated 15.07.2008 has the list of Sports Distinctions which are recognized and at S. No. 127, All India CBSE and ICSE finds place; that admittedly, the Writ Petitioner is a student of CBSE since all Kendriya Vidyalayas adopted CBSE syllabus; and that in G.O.Ms. No. 10, dated 15.07.2008 at S. No. 189, the participation in State/Inter State District Championship for School Games, Under-19, Under-17, CBSE, ICSE & Rural Sports/individual, is also mentioned. 9. Learned Counsel for the Writ Petitioner would submit that G.O.Ms. No. 10, dated 15.07.2000 was in operation for the whole of composite State of Andhra Pradesh. After bifurcation, some of the students hailing from the State of Telangana who are seeking Admission into Educational Institutions under Sports Quota, were affected by non-inclusion of certain Institutions and Games; that such aggrieved students have approached the then the combined High Court for the State of Telangana and the Andhra Pradesh by filing W.P. No. 22700 of 2018. 10. It is further submitted that by Order dated 24.08.2018 in W.P. No. 22700 of 2018, the Hon’ble High Court of Judicature for the State of Telangana and for the State of Andhra Pradesh had issued directions to include the Kendriya Vidyalaya Sangathan (KVS) Institutions and other Institutions by constituting a Committee under the Chairmanship of VC & MD, Sports Authority, State of Telangana; that since the Government of Telangana did not act upon the directions of the Hon’ble High Court of Judicature for the State of Telangana and for the State of Andhra Pradesh, Contempt Case No. 1101 of 2019 was filed by Kum.
Thalla Shriya and four others; that as a consequence of the Orders of the Hon’ble High Court of Judicature for the State of Telangana and for the State of Andhra Pradesh in W.P. No. 22700 of 2018 and C.C. No. 1101 of 2019 by G.O.Rt. No. 378, YAT & C (Sports) Department, the Government of Telangana has constituted a Committee under Chairmanship of VC & MD, Sports Authority of Telangana State. This Committee of Senior Officers constituted vide G.O.Rt. No. 378 for formulating the Guidelines for considering the reservations for admission into professional courses under Sports Quota has submitted a Report. 11. It is submitted that after considering the Judgment in W.P. No. 22700 of 2018, dated 24.08.2018 and the Report submitted by the Committee of Senior Officers (constituted to formulate Guidelines for considering the reservations for admissions into professional courses under Sport Quota), the Government of Telangana has issued G.O.Ms. No. 02, Youth Advancement, Tourism & Culture (Sports) Department, dated 22.09.2020, in supersession of all earlier G.Os in the ‘references’ cited in the G.O.Ms. No. 02, dated 22.09.2020. It is pertinent to mentioned herein that the G.O.Ms. No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008 and G.O.Ms. No. 103, Higher Education (EC.2) Department dated 15.07.2000 along with the nine other G.Os. have been superseded vide G.O.Ms. No. 02 dated 22.09.2020. It is necessary to discuss the salient features of this G.O.Ms. No. 02, Youth Advancement, Tourism & Culture (Sports) Department, dated 22.09.2020 in the context of the present case: (i) Under Paragraph No. 4 of the G.O., it is stated that the Sports Quota reservation to the extent of 0.5% sports in all professional courses shall continue except MBBS & BDS. This means that Sports Quota reservation of 0.5% shall be available in Engineering, Agricultural, IIIT, B-Pharmacy, ICET, ECET, B-Arch, MBA, EDCET, PECET, LAWCET, DIETCET, POLYCET, ITI by implementing the quota in 31 games/sports. It is pertinent to mention herein that sport Taekwondo finds its place at S. No. 26. (ii) By this G.O. clear Guidelines have been issued. Paragraph No. 5 of this G.O. deals with Guidelines.
It is pertinent to mention herein that sport Taekwondo finds its place at S. No. 26. (ii) By this G.O. clear Guidelines have been issued. Paragraph No. 5 of this G.O. deals with Guidelines. Paragraph No. 5(a) states that priorities shall be accorded to the candidates basing on their best performance of last 5 years verifying the genuineness of certificates (from the age of 10 years to 19 years only) for according priority to under graduate courses and Date of Birth shall be tallied proportionately to the category of age group vis-a-vis the concerned sport. The date of birth certificate issued by the SSC Board/Similar Boards of Central/State Governments only shall be entertained as proof of age. (iii) Paragraph No. 6 of the G.O. indicates ‘Priorities’ in respect of Tournaments/ Championships, in which the students had participated. At S. No. 24, KVS is also mentioned along with SGF/KHELO INDIA/SUB-JR/RURAL/PYKKA/WOMEN STATE LEVEL COMPETITIONS AND NATIONAL CBSE/ICSE/KVS/NAVODAYA. 12. Ld. Counsel for the Writ Petitioner has also submitted that in the Official Portal of Tamil Nadu Engineering Admissions 2023 (Ex.P.13) (in short T.N.E.A. 2023), in the Information and Instructions provided to the candidates, marks are provided for state level achievements in Sports under Annexure-III titled as “Allotment of Seats for Candidates under Quota for Eminent Sports Persons.” 13. In Table (IV) of Annexure-III of T.N.E.A., 2023, KVS/CBSE National Sports Meet (State Level) has been assigned 80 marks for Gold, 65 marks for Silver, 50 marks for Bronze and 15 marks for Participation. 14. In Table (V) of Annexure-III of T.N.E.A., 2023-Marks for Recognised Division Level Achievements has been provided. At S. No. 3 KVS/CBSE National Sports Meet (Division Level) is assigned 60 marks for Gold, 45 marks for Silver, 30 marks for Bronze and 10 marks for Participation. 15. In the State of Kerala, certain interim directions were given by the Hon’ble High Court of Kerala dated 26.04.2016 in W.P. (C) No. 4331 of 2016 to include KVS National Sports Meet under the Sport Quota for KEAM Examination. In the light of those directions, W.P. (C) No. 4331 of 2016 was closed by the Hon’ble Kerala High Court (Ex.P.14). The Court had noted that since the Interim Order had worked out itself by inclusion of KVS National Sports Meet under the Sports Quota for Kerala Engineering Admission, the Writ Petition was closed. 16.
In the light of those directions, W.P. (C) No. 4331 of 2016 was closed by the Hon’ble Kerala High Court (Ex.P.14). The Court had noted that since the Interim Order had worked out itself by inclusion of KVS National Sports Meet under the Sports Quota for Kerala Engineering Admission, the Writ Petition was closed. 16. In regard to the State of Delhi KVS Regional/CBSE Cluster/Navodaya Region /DAV Regional/ National/Regional Inter Sainik School Championship, had all been included for the purpose of providing Sports Quota for their students. 17. The above instances, insofar as the States of Telangana, Tamil Nadu, Kerala and the State of Delhi are concerned, they are cited only to indicate that KVS has been included for entitlement under Sports Quota. 18. While the State of Telangana has already scrapped the operation of G.O.Ms. No. 10, Youth Advancement, Tourism & Culture (Sports) Department, dated 15.07.2008 and G.O.Ms. No. 103, Higher Education (EC.2) Department dated 15.07.2000 vide G.O.Ms. No. 02, Youth Advancement, Tourism & Culture (Sports) Department, dated 22.09.2020, the Sports Authority of Andhra Pradesh is still dragging its feet in rationalising its Sports Quota Policy on par with various States indicated herein above and also at the National Level. 19. Ld. Counsel for the Writ Petitioner has also drawn the attention of this Court to an Order passed by this Court in respect of Hockey Sport as the Sports Authority of Andhra Pradesh has negated the claim of the Writ Petitioners in W.P. No. 19259 of 2023 for being considered for availing the Sports Quota for the Academic Year 2022-2023. By Interim Order dated 03.08.2023 in W.P. No. 19259 of 2023, this Court had held in Paragraph Nos.8, 9 and 10 as follows: “8. On query made by this Court as to why the Hockey Andhra Pradesh has not been recognised by the SAAP, the Sports Officer has submitted before the Court that the Hockey Andhra Pradesh has not submitted certain documents which were required by Respondent No. 2. Sri Mahesh Babu, Sports Officer, has submitted a copy of the proceeding issued by Respondent No. 2 dated 03.02.2023 bearing Lr. No. SAAP/ASSN/Recognition/555/2023.
Sri Mahesh Babu, Sports Officer, has submitted a copy of the proceeding issued by Respondent No. 2 dated 03.02.2023 bearing Lr. No. SAAP/ASSN/Recognition/555/2023. By taking note of this situation, this Court would also be required to deal with a situation where, on account of reasons best known to a particular association, as in this case the Hockey Andhra Pradesh, the office bearers of the Association would not evince interest in complying with the requirements of SAAP for recognition, should the students, who would want to avail reservation benefit, which is admittedly a time-bound benefit, be made to suffer on account of this technical issue. 9. It is a matter of common sense that the benefit of reservation which the State intends to confer to all sports persons in the Educational Institutions are concerned, is a time-bound affair. In other words, if the students who are sports persons holding certain Certificates of Participation, intend to avail the benefit of reservation, and if the benefit of reservation is not made available to them for technical reasons, the students, would never be able to again avail the similar benefit in the following Academic year. On the face of it, the present cause which is brought before this Court would be in violation of the Fundamental Rights of the Writ Petitioners. This Court would be required to delve deep into this situation in order to give a quietus. 10. No one can dispute with regard to the fact that the benefit of reservation which the State intends to confer on the sports persons is a student-centric benefit. Denial of this benefit on any technical ground, prima facie, this Court is of the view that it would be a denial of Fundamental Right of such students and that the loss that is likely to be suffered by such students on these technical reasons would be irreparable as the students could never ever avail this benefit after the admissions are closed.” (Italics supplied) 20. In another Writ Petition No. 20080 of 2023, this Court had given certain directions on 08.08.2023. The portion of the Order that is relevant for the present purpose is extracted from Paragraph Nos. 7 to 11 beneficially: “7.
In another Writ Petition No. 20080 of 2023, this Court had given certain directions on 08.08.2023. The portion of the Order that is relevant for the present purpose is extracted from Paragraph Nos. 7 to 11 beneficially: “7. The Writ Petitioner, though had secured sports distinctions in her own right, not a single certificate is coming to her help only because the disputes at the management levels as regards the Volleyball Federation of India have not been resolved and that there is no time limit that the counsel could state as to when the disputes would be resolved. 8. The moot question that arises in these circumstances is whether these unresolved disputes amongst the Management Groups in the Sports Federation and Sports Association enure to the disadvantage and detriment of the children who have trained themselves and participated in various sports and have also achieved several distinctions in that regard ? And, whether the sports distinctions secured by these sports persons be treated as useless, though they are not at fault and that the whole situation has been occasioned purely on account of external factors? 9. From the issues narrated by Sri Ravi Kiran Kumar, Ld. Standing Counsel for SAAP as regards the subsistence of disputes between various groups of Volleyball Federation of India and also the directions of Indian Olympic Association appointing an Adhoc Committee to oversee the election process, it appears to this Court that there is no stipulated time under which these issues could be resolved. If the Rule stipulates that if there is no recognized sports body, the certificates issued by the erstwhile bodies cannot be reckoned for the purpose of seeking the benefit of Sports Reservation, this Court is unable to fathom and countenance the situation that these disputes can be detrimental to a sports person who wants to avail the benefit from sports certificates for seeking an admission in the particular academic course. 10. The Court is rather aghast in countenancing this imbroglio. The chain of disqualifications starting from the National Federation namely Volleyball Federation of India down to the respective State Sports Federations or Sports Bodies is certainly a cause of great distress to the innocent children, who, having excelled in various sports in their own right and with their own hard work, are unable to avail the benefit of their achievements for no fault of theirs. 11.
11. This Court is of the firm view that the issues of recognition either at the National Level or at the State Level cannot a enure to any kind of disadvantage to the individual sports persons who are pursuing their academic course and that by all means the sports distinctions will have to be given their due recognition and credit for the purpose of availing sports reservation.” (Italics supplied) SUBMISSIONS OF LD. COUNSEL FOR OFFICIAL RESPONDENT (RESPONDENT NO. 4) 21. Sri Ravi Kiran Kumar Kolusu, Ld. Standing Counsel for SAAP appearing on behalf of the Respondent No. 4 herein has fairly submitted that the interim directions given by this Court in W.P. No. 19259 of 2023, dated 03.08.2023 and in W.P. No. 20080 of 2023, dated 08.08.2023 have been implemented by the Respondent No. 4. He further submits that due to change of person for the post of VC & MD of SAAP, it could not take timely steps. He would submit that the Guidelines issued by the State of Telangana vide G.O.Ms. No. 02, Youth Advancement, Tourism & Culture (Sports) Department, dated 22.09.2020, is also being closely considered. He would further submit that in the near future, probably within this academic year itself, the Respondent No. 4 would also bring out the Guidelines with a recommendation to the Government of Andhra Pradesh for issuance of necessary G.O. CONCLUSION: 22. The Hon’ble High Court of Telangana in W.P. No. 22700 of 2018, dated 24.08.2018 and in C.C. No. 1101 of 2019, dated 11.03.2020 had issued directions. In pursuance of these directions, the Committee of Senior Officers had been constituted by the State of Telangana. The recommendations of this Committee, which principally include Guidelines, was reduced into a Government Order bearing G.O.Ms. No. 02, Youth Advancement, Tourism & Culture (Sports) Department, dated 22.09.2020. This Court has also noticed that the Hon’ble High Court of Kerala had issued Interim Directions dated 26.04.2016 in W.P. (C) No. 4331 of 2016 for inclusion and consideration of KVS National Sports Meet Certificates way back on 26.04.2016. While this arrangement had continued till date, on 18.07.2022 in W.P. (C) No. 4331 of 2016 the Hon’ble High Court of Kerala has made earlier Interim Order dated 26.04.2016 as absolute (Ex.P.14). The State of Tamil Nadu and the State of Delhi have also followed the suit in this regard. 23.
While this arrangement had continued till date, on 18.07.2022 in W.P. (C) No. 4331 of 2016 the Hon’ble High Court of Kerala has made earlier Interim Order dated 26.04.2016 as absolute (Ex.P.14). The State of Tamil Nadu and the State of Delhi have also followed the suit in this regard. 23. Having regard to the above facts, this Court sees no reason as to why the relief sought by the Writ Petitioner should not be granted. In fact, Sri Ravi Kiran Kumar Kolusu, Ld. Standing Counsel SAAP had fairly and candidly stated that the Respondent No. 4 is also towing the similar lines as adopted by the State of Telangana and that it would take some time. While the SAAP (Respondent No. 4) is processing these issues in rationalising the Guidelines, this Court is of the opinion that in order to meet the ends of justice, it shall allow the Writ Petition with a direction to the Respondents to consider the case of the Writ Petitioner and any other persons who are similarly situated, but have not approached this Court, for the current Academic Year 2023-2024 to the effect that the students of Kendriya Vidyalaya Sangathan possessing various Sports Certificates of participation (Gold, Silver, Bronze and Participation) shall be considered in accordance with the Rules and Regulations for availing Sports Quota in various courses, including Engineering, Agricultural, IIIT, B-Pharmacy, ICET, ECET, B-Arch, MBA, EDCET, PECET, LAWCET, DIETCET, POLYCET, ITI (except MBBS & BDS). 24. The Writ Petition is allowed in terms of the observations and directions indicated above. No order as to costs. 25. Interlocutory Applications, if any, stand closed in terms of this Order.