R. Kiruthika v. State of Tamil Nadu Rep. by its Secretary Department of Higher Education, Chennai
2023-03-01
C.V.KARTHIKEYAN
body2023
DigiLaw.ai
JUDGMENT (Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the records relating to the Provisional Rank List revised as on 28.10.2022 of Tamil Nadu Veterinary and Animal Sciences University Undergraduate Admission 2022-2023 for Sports Quota Girls and the consequential Selection List dated 29.10.2022 of Tamil Nadu Veterinary and Animal Sciences University Undergraduate Admission 2022-2023 for Sports Quota Girls and quash the same in respect of candidate S.Menaka and direct the third respondent to award mark to the petitioner to the following Certificates ie., i) 2019-20 -12thNational Silambam Championship Gold Medal (First place-190 marks not awarded), ii) 11th National Silambam Championship – 2018-2019 Gold Medal (First place Mark 190 – not awarded), iii) 2019-20 -12th National Silambam Championship Gold medal (First Place-190 marks not awarded), iv) 2020-21 39th Tamil Nadu State Junior and Senior Silambam Championship Gold medal (First place – Mark 95 not awarded) and v) 2021-2022 40th Tamil Nadu State Sub Junior and Senior Silambam Championship (Gold Medal-95 mark not awarded) besides with 2018-19 64th School Game Federation of India-Gold Medal (First Place 190-marks) to the petitioner which was already given and direct the respondents to admit the petitioner according to her sports rank.) The Writ Petition has been filed in the nature of Certiorarified Mandamus to call for the records relating to the Provisional Rank List revised as on 28.10.2022 of Tamil Nadu Veterinary and Animal Sciences University, Undergraduate Admission 2022-2023 for Sports Quota, Girls and the consequential selection list dated 29.10.2022 of the said University Undergraduate admission 2022-2023 for Sports Quota, Girls and quash the same in respect of the candidate S.Menaka and direct the third respondent to award marks to the petitioner for the following certificates:- i) 2019-20 -12th National Silambam Championship Gold Medal (First place-190 marks not awarded), ii) 11th National Silambam Championship – 2018-2019 Gold Medal (First place Mark 190 – not awarded), iii) 2019-20 -12th National Silambam Championship Gold medal (First Place-190 marks not awarded), iv) 2020-21 39th Tamil Nadu State Junior and Senior Silambam Championship Gold medal (First place – Mark 95 not awarded); and v) 2021-2022 40th Tamil Nadu State Sub Junior and Senior Silambam Championship (Gold Medal-95 mark not awarded) besides with 2018-19 64th School Game Federation of India-Gold Medal (First Place 190-marks) to the petitioner which was already given and direct the respondents to admit the petitioner according to her sports rank in the said course for the academic year 2022-2023.
2. The writ petitioner R.Kiruthika in her affidavit filed in support of the Writ Petition, had stated that she had completed her Higher Secondary School at P.N.Dhawan Adarsh Matriculation Higher Secondary School, at Chennai and had obtained 491.99 marks out of 600 marks in the Higher Secondary examination held for March 2021. Her cut off mark for B.VSC admission was out of 200. She stated that she belongs to Backward community and she was entitled for reservation under the said category. She also claimed reservation earmarked for Sports Eminent person. She claimed that she is eligible for consideration for admission to B.V.Sc., Undergraduate Course. She was quite interested in various sports activities and was able to excel in the Game of Silambam. She had participated from her VI Std., in various competitions conducted by the School Education Department and by the Tamil Nadu Olympic Association recognised by the Sports Development Authority of Tamilnadu and the Tamilnadu Olympic Association and other National Authorities. She had participated in several State Inter School Competitions, State Level and National Level. 3. She stated that she had applied for B.V.Sc and AH Degree Course 2022-2023 under the Sports Quota category which comes under Special Reservation. She stated that five seats had been reserved for sports category, out of which three were for boys and two were for girls. She stated that the procedure to prepare the merit list and to award of marks for Eminent Sports Persons for preparation of merit list for sports category has been prescribed in the prospectus. She stated that every participation and achievement certificate from the academic year 01.06.2018 to 01.06.2021 or till the last date of submission of application will be considered for the award of marks. She had enclosed four National Level Certificates, four State Inter School Competition Certificates along with the application. She also stated that she had winner and runner up certificates in State Inter School Competitions. She had also enclosed four National Achievement Certificates. 4. She further stated that the third respondent, the Chairman, Admission Committee (UG), Tamil Nadu Veterinary and Animal Science University, Chennai, had published the counselling rank list, based on the sports merit list. She was placed in the 11th rank. The respondents had considered the Certificate issued by the School Game Federations of India and had awarded 320 marks.
4. She further stated that the third respondent, the Chairman, Admission Committee (UG), Tamil Nadu Veterinary and Animal Science University, Chennai, had published the counselling rank list, based on the sports merit list. She was placed in the 11th rank. The respondents had considered the Certificate issued by the School Game Federations of India and had awarded 320 marks. However, the Certificates issued by the Tamil Nadu Silambam Association had not been considered, since it was claimed that the said Association was not approved by the Sports Development Authority of Tamilnadu. Further two State Level Achievement Certificates had also not been considered, since it had been stated that the Association was not approved by the Sports Development Authority of Tamil Nadu. 5. She further claimed that if those certificates had been taken into consideration, she would have obtained a total of 570 marks and would have been placed 3rd in the sports merit rank list. 6. She later came to know that the Tamil Nadu Silambam Association was not approved in the year 2022-2023. She stated that no communication had been sent to the said Association withdrawing the approval status. She stated that even if the Association was not approved, the certificates cannot stand invalidated. She claimed that the denial of admission and the rejection of the certificates had been wrongly done. Questioning the rejection of the Certificates produced by her, she had filed the present Writ Petition. 7. The second and third respondents, the Registrar and Chairman, Admission Committee (UG) of Tamil Nadu Veterinary and Animal Sciences University had filed a counter affidavit. In the counter affidavit, they had set out the guidelines for grant of marks for sport for recognised National Achievements and for recognised State Championship and for State level achievements and recognised Divisional Level Achievements and recognised District Level Achievements and also for National Tournaments. 8. It had been further stated in the counter that tournaments conducted by an Association which had been de-recognised by the Tamilnadu Olympic Association or by the Sports Development Authority of Tamilnadu would not be considered for award of marks.
8. It had been further stated in the counter that tournaments conducted by an Association which had been de-recognised by the Tamilnadu Olympic Association or by the Sports Development Authority of Tamilnadu would not be considered for award of marks. It had also been stated that the National or State Level Tournaments conducted by Sports Federations or Associations recognised by the Ministry of Youth Affairs and Sports or by Indian Olympic Association or by Sports Development Authority of Tamilnadu or by the Tamilnadu Olympic Association alone will be considered for grant of marks. 9. With respect to the petitioner herein, it had been very specifically stated that though certificates had been issued by the Tamil Nadu Silambam Association, since the said association was not recognised, the said Certificates were not taken into consideration. It had been stated that the Certificates had been rejected in accordance with the guidelines given in the prospectus which is binding on the petitioner herein. It had also been stated that the process of admission for the B.V.Sc and AH Degree course for Sports Quota had already been completed and the fifth respondent, who had secured 445 marks had been given admission and had also joined the course. It had also been stated that the statement that the Tamilnadu Silambam Association is recognised by the Sports Development Authority of Tamilnadu and by the Tamil Nadu Olympic Association is not correct. It had been stated that the certificates issued by the said Association cannot be treated as valid testimonies. It had been stated that the application had been scrutinised in accordance with the guidelines and it had therefore been stated that the Writ Petition should be dismissed. 10. The fourth respondent, Member Secretary, Sports Development Authority of Tamil Nadu, Chennai, had also filed a counter affidavit. In the said counter affidavit, it had been stated that the Government of India, Ministry of Youth Affairs and Sports, Department of Sports in their letter dated 19.08.2019 had stated that there are no National Sports Federation recognised for the sport of Silambam. It was therefore stated that the certificate issued by the School Game Federation of India were considered since it was recognised by the Ministry of Youth and Sports Affairs and 320 marks had been given.
It was therefore stated that the certificate issued by the School Game Federation of India were considered since it was recognised by the Ministry of Youth and Sports Affairs and 320 marks had been given. It had also been stated that in the absence of approval from the Ministry of Youth and Sports Affairs, Government of India and since the Silambam game is not listed in the approved games and sports, marks were not given for the certificates produced by the petitioner herein. It had also been stated that by letter dated 26.04.2019, the Ministry of Youth Affairs and Sports, had stated that the Associations, which are not recognised and certificates issued by those Associations should not be considered for admission to any College. It had been very specifically stated that the Tamilnadu Silambam Association was not recognised from 19.08.2019 till date. It had been stated that the Selection Committee had granted marks after scrutinising the certificates which had been produced and which could be considered by the respondents herein. It had been stated that the Sports Development Authority of Tamil Nadu had not given any representation for admission under Sports quota for Silambam in Tamilnadu Agricultural University, Coimbatore. It had been stated that the Silambam Association was not recognised. It had been therefore stated that the certificates produced by the petitioner herein with respect to that Association could not be considered. 11. The 6th respondent, namely, the Secretary, Tamil Nadu Silambam Association, AJ-11/102, 2nd Street, Santhi Colony, Anna Nagar, Chennai – 600 040, had been impleaded suo motu by an order dated 06.02.2023. They had also filed an affidavit. It was stated that the said Association was registered in the year 1980 under the Societies Registration Act 1860 with Registration No. 232/1980 and it had been functioning till date for the past 42 years and has branches across the Districts at Tamilnadu. It had been stated that there are 24 State Associations in India affiliated to the Indian Silambam Federation. It had also been stated that the Tamilnadu Silambatam Association had obtained recognition from the Sports Development Authority of Tamilnadu in the year 1981 with Silambam as one of the Sports disciplines. It had been stated that they had conducted Silambam sports events both at State and National Level. It had been further stated that at South Asian Federation Games in 1995, Silambam was introduced as a Demo Game.
It had been stated that they had conducted Silambam sports events both at State and National Level. It had been further stated that at South Asian Federation Games in 1995, Silambam was introduced as a Demo Game. It had been further stated that the contention of the Sports Development Authority of Tamilnadu that the Tamilnadu Silambam Association was not recognised was not a correct information. It had been stated that the letter of the Ministry of Youth Affairs and Sports dated 19.08.2019 does not deal with State Level Associations/ Federations. It had been alleged that the fourth respondent, Sports Development Authority of Tamilnadu, had filed a counter affidavit contrary to their letters and communications. It had also been stated that they had also received a communication from the fourth respondent on 12.12.2019 which stated that the Tamilnadu Silambam Association is recognised. It had also been stated that a further communication was received on 26.11.2019 from the fourth respondent that the Tamilnadu Silambam Association must produce a certificate from the Ministry of Youth Affairs and Sports. It had also been stated that the Tamilnadu Silambam Association had sent a reply to the Sports Development Authority of India that the file was pending with the Ministry of Youth Affairs and Sports. It was also stated that the Tamilnadu Silambam Association is trying to get recognisition from the Ministry of Youth and Sports, New Delhi. It had been finally stated that the Tamilnadu Silambam Association was not recognised is not correct. 12. The fifth respondent S.Menaka, who had been admitted as a student in the University was served with notice but did not make arrangements to be represented in this Court. This Court had therefore appointed Mr.K.Selvaraj and Mrs. Sugirdha Selvaraj as amicus to assist the fifth respondent in the proceedings. 13. The sixth respondent had filed a further affidavit, in which it was stated that though the Tamilnadu Silambam Association had been declared as defunct and a notification has been published in the Government Gazette on 19.07.2017, the Association had been functioning without any break and should not have been declared as defunct. It was stated that though notice under the Tamilnadu Societies Registration Act had been issued to them, it was an incorrect notice. It had been stated that the Association is still functioning. It had been stated that the contention that the said Association is not recognised is incorrect. 14.
It was stated that though notice under the Tamilnadu Societies Registration Act had been issued to them, it was an incorrect notice. It had been stated that the Association is still functioning. It had been stated that the contention that the said Association is not recognised is incorrect. 14. A further additional affidavit was again filed on behalf of the sixth respondent wherein they stated that they had file an appeal and enquiry and inspection of the books had been completed. 15. Heard arguments advanced by Mr. U.Karunakaran, learned counsel for the petitioner, Mr. T.Seenivasan, learned Special Government Pleader appearing for the first respondent, Mr.S.Vijayakumar, learned Senior Counsel appearing for the second and third respondents and Mr.K.Selvaraj, amicus appearing on behalf of the fifth respondent. The General Secretary of the sixth respondent appeared as party-in-person. 16. It is the contention of Mr. U.Karunakaran, learned counsel for the petitioner herein that the respondents had wrongly concluded that the Tamilnadu Silambam Association was not a recognised Association. It was contended that the petitioner herein had participated in several State level and National level tournaments and had also produced certificates for the same. It was stated that the Ministry of Youth Affairs and Sports is not directly involved in the registration of the said Association. The learned counsel further pointed out that the Association had been conducting State level and also National level tournaments. Further Silambam has also been recognised as a National game and there had been various National events conducted. The learned counsel was emphatic in his observation that the certificates should have been considered. The learned counsel more specifically stated that the contention of the Sports Development Authority of Tamilnadu that the Tamilnadu Silambam Association was not a recognised Association cannot withstand the scrutiny of this Court. He stated that it had been wrongly interpreted by the respondents that the Tamilnadu Silambam Association was not a recognised Association. The learned counsel stated that if the certificates produced by the petitioner had been considered then the petitioner would have secured 590 marks for sports quota and would have been automatically considered for admission for B.V.Sc and AH course.
He stated that it had been wrongly interpreted by the respondents that the Tamilnadu Silambam Association was not a recognised Association. The learned counsel stated that if the certificates produced by the petitioner had been considered then the petitioner would have secured 590 marks for sports quota and would have been automatically considered for admission for B.V.Sc and AH course. The learned counsel also stated that Silambam as a game, is a recognised in a State of Tamilnadu and declaring that the Association which projects such game is unrecognised and the certificates issued could not be considered has directly affected the petitioner herein in her admission prospect. The learned counsel further stated that the entire statement of the Sports Development Authority of Tamil Nadu that the Association is not recognised is based on wrong and incorrect interpretation. The learned counsel asserted that the petitioner should be considered for admission for B.V.Sc and AH Course. 17. Mr.S.Vijayakumar, learned Senior Counsel appearing on behalf of the second and third respondents however contended that it had been very clearly stated in the prospectus that certificates issued by Sports Associations which are not recognised would be taken into consideration. The learned Senior counsel stated that the second and third respondents had only taken into consideration the communication from the Sports Development Authority of Tamilnadu wherein it had been stated that the Tamilnadu Silambam Association is not recognised. A further communication from the Ministry of Youth Affairs had also been considered wherein, it had been very clearly stated that the Tamilnadu Silambam Association is not recognised by the Sports Development Authority of India or by the Tamilnadu Olympic Association. The learned Senior Counsel therefore stated that the certificates produced by the petitioner herein could not be taken into consideration. The learned Senior Counsel also stated that the admission process had been completed and students have been admitted under the Sports Quota and therefore stated that the petitioner cannot be granted any relief. 18. Mr.K.Azhagu Raman, the learned counsel for the fourth respondent / Sports Development Authority of Tamilnadu stated that so far as their records are concerned, the Tamilnadu Silambam Association was not a recognised Association. They had not granted any recognition. In fact the said Association had been declared as defunct as they had not produced relevant records.
18. Mr.K.Azhagu Raman, the learned counsel for the fourth respondent / Sports Development Authority of Tamilnadu stated that so far as their records are concerned, the Tamilnadu Silambam Association was not a recognised Association. They had not granted any recognition. In fact the said Association had been declared as defunct as they had not produced relevant records. It was also contended that the Silambam as a National game had not been recognised by the Ministry of Youth Affairs and Sports. The learned counsel further stated that since the Tamilnadu Silambam Association is not a recognised Association, the certificates produced by the petitioner herein, issued by that particular Association cannot be considered for her admission. The denial of admission of the petitioner had been justified by the learned counsel. 19. Mr. K.Selvaraj, learned Amicus Curiae appearing for the fifth respondent stated that the admission of the fifth respondent cannot and should not be disturbed by this Court. 20. The General Secretary of the Tamilnadu Silambam Association appeared as party-in-person. He stated that the Association was recognised from the year 1980 onwards. Several State and National level Tournaments had been conducted by the said Association. He stated that he was not aware of the notice issued that the Association had been declared as defunct. He stated that the stand taken by the Sports Development Authority of Tamilnadu that the Association is not a recognised Association is not correct. He also stated that steps have been taken to regularise the Association and an enquiry and inspection in this regard had been conducted. 21. I have considered the arguments advanced and perused the materials on record. 22. The petitioner had participated in State Level and National Level Tournaments in Silambattam across the country. Certificates to that extent had been produced by the petitioner herein. The petitioner had completed her Higher Secondary from P.N.Dhawan Adarsh Matric Higher Secondary School at Chennai.
21. I have considered the arguments advanced and perused the materials on record. 22. The petitioner had participated in State Level and National Level Tournaments in Silambattam across the country. Certificates to that extent had been produced by the petitioner herein. The petitioner had completed her Higher Secondary from P.N.Dhawan Adarsh Matric Higher Secondary School at Chennai. She had won gold medal in the 2018 – 19, 64th School Game Federation of India, gold medal in the 2019 – 20, 12th National Silambam Championship, 1st place in the 2018 – 2019, 11th National Silambam Championship, the gold medal in the 2019 – 2020, 12th National Silambam Championship, the gold medal in the 2020 – 2021, 39th Tamil Nadu State Sub Junior and Senior Silambam Championship, the gold medal in the 2021 - 2022 40th Tamil Nadu State Sub Junior and Senior Silambam Championship. 23. The petitioner had then applied for admission in B.V.Sc., and A.H degree course 2022–2023 in the 2nd/3rd respondent University. There is a special sport quota of five students for those who achieve eminence in sports. Out of the five seats, three are reserved for boys and two for girls. The petitioner was confident that if proper marks had been given for the Certificates produces and in accordance with the guidelines as stated in the prospectus, the petitioner would have got 590 marks for her achievements in Silambattam sports. 24. But unfortunately when the results were declared, it had been stated that she had got only 190 marks and was placed 11th in the merit list. Complaining that the certificates produced by her have not been properly considered, the writ petition has been filed seeking interference with the selection list and more particularly, with the selection of the 5th respondent who was also admitted under the sports quota. 25. The only reason given by the 2nd and 3rd respondents for not considering the certificates of the petitioner is that the Tamil Nadu Silambattam Association was not recognized by the Sports Development Authority of Tamil Nadu. 26. In order to ascertain the actual facts, the Tamil Nadu Silambam Association, had been impleaded suo motu as the 6th respondent in the writ petition. The Secretary of the Tamil Nadu Silambam Association, K.G.Murali Krishna, appeared as Party-in-Person. 27.
26. In order to ascertain the actual facts, the Tamil Nadu Silambam Association, had been impleaded suo motu as the 6th respondent in the writ petition. The Secretary of the Tamil Nadu Silambam Association, K.G.Murali Krishna, appeared as Party-in-Person. 27. This is a typical case which reflects office bearers of a Sport Association taking care of themselves and themselves alone and betraying not by even worrying about athletes, who spent their time, energy and sweat to perform in the sports. 28. It is extremely unfortunate that in the affidavit filed by the 6th respondent, the Secretary has only stated encomiums about his functioning and about the functioning of the Tamil Nadu Silambattam Association and had not stated one letter or word of regret for the Association having been de-recognized by the Sports Development Authority of Tamil Nadu. Mr.K.G.Murali Krishna, is a traitor to Silambattam sports and to the young boys and girls, who dream to aspire in that sport. He does not deserve to continue to hold any post in the Association. 29. It is shame that this State which projects rural children and puts forward the credentials of rural students had let down the petitioner herein. She had excelled in Silambattam, a sport, which is unique to the rural areas of the State of Tamil Nadu. The Association members have taken care only of themselves and have let down the petitioner. 30. Mr.K.K.Murali Krishna, the General Secretary of the Tamil Nadu Silambam Association, who appeared as Party-in Person, has destroyed the prospects of the petitioner herein. If that Association is not recognized, the first and the only duty which should have been performed immediately by the said General Secretary is to ensure that recognition is obtained from the various authorities, particularly the Sports Development Authority of Tamil Nadu and by the Tamil Nadu Olympic Association. Instead of taking such steps, the said General Secretary had conducted tournaments and given a false hope to the prospects athletes like the petitioner herein, who completed with the hope that the certificates which are issued would be helpful for them in future. 31. Unfortunately, the certificates have been treated only as pieces of paper without any value. They have been so treated only because the Tamil Nadu Silambattam Association has not been recognized by the Sports Development Authority of Tamil Nadu or by the Tamil Nadu Olympic Association. 32.
31. Unfortunately, the certificates have been treated only as pieces of paper without any value. They have been so treated only because the Tamil Nadu Silambattam Association has not been recognized by the Sports Development Authority of Tamil Nadu or by the Tamil Nadu Olympic Association. 32. It is to be noted that all the three organizations namely, the Tamil Nadu Silambattam Association, the Sports Development Authority of Tamil Nadu and the Tamil Nadu Olympic Association come under the purview of the State Government. Much is stated about projecting and popularizing rural sports like Silambattam. It is also projected that rural students should not be put to any disadvantage in any admission. But none of those statements have been upheld by any of the authorities, who come under the State Government. It is a shame. 33. The petitioner who had excelled in Silambattam as seen from the certificates produced, has been let down by the very authorities who proclaim that they uplift rural sports and consequently children from the rural areas. It is an extremely unfortunate situation. The 2nd and 3rd respondents do not have the withall to conduct an enquiry or investigation with respect to each and every Association from which sports certificates are produced. They only go with communications issued to them. The communications issued to the 2nd and 3rd respondents reflected that the Tamil Nadu Silambattam Association is not a recognized Association. It is not recognized by any National Association and also not recognised by the State Association namely, the Sports Development Authority of Tamil Nadu or by the Tamil Nadu Olympic Association. 34. In the counter affidavit filed by the fourth respondent, they have reiterated that the Tamil Nadu Silambattam Association is not a recognized Association. Once that categorical stand is stated in writing, the Court can never rectify that situation. 35. The learned counsel for the petitioner was very vehement in his submissions. I understand his passion for the petitioner. He stated that the communications do not present a correct picture. He stated that the Ministry of Youth Affairs and Sports do not have any role to play in expressing a view whether an Association is recognised or not. 36. If the Ministry does not have any role to play then that aspect should have been explained only by the Sports Development Authority of Tamil Nadu. They did not do so.
He stated that the Ministry of Youth Affairs and Sports do not have any role to play in expressing a view whether an Association is recognised or not. 36. If the Ministry does not have any role to play then that aspect should have been explained only by the Sports Development Authority of Tamil Nadu. They did not do so. They have reiterated in the counter that the Tamil Nadu Silambattam Association is not a recognized Association. 37. To repeat, K.G.Murali Krishna, the General Secretary, Tamil Nadu Silambattam Association, has no locus to continue to be a General Secretary. This is a classic case where people crave for power and compete for posts as Secretary and President and for other office of various sports Associations to cater for themselves alone and betray the athletes. 38. The petitioner cannot be faulted for the inaction of the General Secretary. No words can describe the frustration which the Court felt realizing that at the relevant point of time when the Certificates had been considered by the 2nd and 3rd respondents, the Tamil Nadu Silambattam Association was an unrecognised Association, not recognised by any Central Organization, but by State Organization, like the Sports Development Authority of Tamil Nadu. 39. The arguments advanced that the Association was recognized or that steps have been taken to rectify an error or that notices were not issued, are allegations advanced to save a lost reputation. 40. It is an extremely unfortunate situation. The admission under the sports quota are over. This Court cannot interfere with the admission of the 5th respondent, who had produced certificates and who had been offered admission. 41. It is extremely unfortunate that the Sports Development Authority of Tamil Nadu had also not stepped in before the admission process to ensure that various Associations who come under its fold in the State of Tamil Nadu, are recognized in manner known to law. The Tamil Nadu Silambattam Association and its office bearers just kept sleeping. 42. It is a fact that the petitioner had participated in tournaments at the National Level and State Level. It is a fact that the petitioner had won gold medals. It is a fact that if those certificates had been taken into consideration, the petitioner would have obtained a seat in the 2nd and 3rd respondents University.
42. It is a fact that the petitioner had participated in tournaments at the National Level and State Level. It is a fact that the petitioner had won gold medals. It is a fact that if those certificates had been taken into consideration, the petitioner would have obtained a seat in the 2nd and 3rd respondents University. But extremely, unfortunately, the Tamil Nadu Silambattam Association was not recognized even by the 4th respondent. They had reiterated that particular position in their counter affidavit. 43. In the counter affidavit of the 4th respondent, which had been sworn by T.Ramadurai Murugan, District Revenue Officer / General Manager (Admin) Sports Development Authority of Tamil Nadu, it had been stated as follows: “4. I further state that, in the Government of India, Ministry of Youth Affairs & Sports, Department of Sports vide letter No.F.Bo.8-17/2019-SP-III, dated 19.08.2019, has stated that there are no National Sports Federation (NSF) recognized for the sport of Silambam. Hence, certificate issued by SGFI (School Game Federations of India) were duly considered as the same is recognized by the Ministry of Youth and Sports Affairs and pursuantto same 320 marks were awarded. Since SGFI was recognized by MYAS and after a thorough scrutiny based on the certificates produced by the petitioner prior to 19.08.2019 i.e., for the performance for the year 2018-19 & 2019-20. 5. I further state that in the absence of the approval from MYAS, GOI to National Sports Federations and also despite the fact that since Silambam game is not listed in the approval games and sports, no marks were awarded for the certificates produced by the petitioner for the year 2018-19 & 2019-20 and 2021-22. It is submitted that; it is clearly mentioned the following information has been hosted on the official website of SDAT. 6. I further submit that as per letter F.No.8-17/2019-SPIII, dated 19.08.2019 and F.No.72-12017-SP-I, dated 26.04.2019 from the Ministry of Youth Affairs and Sports, GOI. The parental bodies (Federation) of these associations (above mentioned) are not recognized by the MYAS. Therefore, Certificate issued by these associations are not eligible for college admission and for the priority given to sports quota appointments. 7.
I further submit that as per letter F.No.8-17/2019-SPIII, dated 19.08.2019 and F.No.72-12017-SP-I, dated 26.04.2019 from the Ministry of Youth Affairs and Sports, GOI. The parental bodies (Federation) of these associations (above mentioned) are not recognized by the MYAS. Therefore, Certificate issued by these associations are not eligible for college admission and for the priority given to sports quota appointments. 7. I further state that the Tamil Nadu Silambam Association was not recognized from 19.08.2019 to till date based on the letter received from Ministry of Youth Affairs & Sports, Department of Sports vide letter No.F.Bo.8-17/2019- SP-III dated 19.08.2019 and that there is no arbitrary decision taken in this regard since all the rules are being followed scrupulously. 8. I further state that the Selection committee marks were awarded after scrutiny the following Sports Certificates produced by the petitioner on 29.10.2022. 1.64th National School Games 2018-2019 held at New Delhi-190 Marks. 2.65th National School Games 2019-2020 held at New Delhi – 130 Marks. 9. In the absence of the approval from the MYAS, GOI to National Sports Federations and also due to the fact that since certificate is issued by the association not having any valid recognition, no marks were awarded for the other certificates produced by the petitioner.” 44. It is thus seen that the fourth respondent, the Sports Development Authority of Tamil Nadu had taken a very categorical stand that the Tamil Nadu Silambattam Association has not recognized from 19.08.2019 onwards. Any reply or any affidavit filed on behalf of the Tamil Nadu Silambattam Association can never be examined in the light of the above categorical stand by the Sports Development Authority of Tamil Nadu. 44. The learned counsel for the petitioner, however, stated that these statements are not correct and that the Ministry of Youth Affairs and Sports have no role to play. Unfortunately, the Sports Development Authority of Tamil Nadu, has relied on those letters and have very specifically stated that the Tamil Nadu Silambattam Association is an unrecognised Association. 45. Once that statement is made then the Certificates produced from an unrecognised Association can never be considered by the 2nd and 3rd respondents. That is evident from the prospectus. Only Certificates from a recognized Association alone can be taken into consideration. 46. The learned counsel for the 2nd and 3rd respondents has very categorically reiterated that the admission has also been completed. 47.
That is evident from the prospectus. Only Certificates from a recognized Association alone can be taken into consideration. 46. The learned counsel for the 2nd and 3rd respondents has very categorically reiterated that the admission has also been completed. 47. In the affidavit filed by the 6th respondent, the Tamil Nadu Silambam Association, had stated that steps have been taken to ensure that recognition is obtained and enquires are ongoing. 48. I hope that the Association would set its house inorder, so that if this candidate were to apply again, then the Certificates, which she had produced can be again considered and if they are so considered in the next academic year and necessary credentials are given, then the petitioner would stand a very good chance of being admitted for B.V.Sc and A.H degree course atleast in the year 2023 – 2024. 49. But once a categorical statement has been made that the Tamil Nadu Silambam Association is not recognized, then this Court can never turn around and come to the rescue of the petitioner herein. She had been let down by the very Government which projects that rural sports are to be uplifted and projects that rural students should be given opportunity. 50. The very Association which projected a rural sport had been declared defunct. No steps have been taken to ensure that it was recognized before the admission process begun. The petitioner is the sufferer. 51. I also spoke to the petitioner, drawing her near to the dias and her grief is evident. This Court can only fervently hope that the Association gets recognition and the Certificates can be used in the next academic year and marks would be awarded, which would help her to get admission atleast in the next academic year 2023 – 2024. Wishing her success therein, the Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.