REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.     7025­7026      OF 2019 (arising out of SLPs (Civil) Nos. 20085­20086 of 2019)

JYOTHIR R                   …APPELLANT

Versus

SUNISHA N.S. & ORS.    …RESPONDENTS

WITH

CIVIL APPEAL NO. 7028 OF 2019 (Arising out of SLP(C)No. 20529 of 2019)

O R D E R  

IN S.L.P.(C) Nos. 20085­20086 of 2019

Leave granted.

1. The present Appeals have been filed by the Appellant to

challenge the Judgement and Order dated 07.08.2019 passed

by a division bench of the Kerala High Court in W.A. Nos. 1757

& 1758 of 2019. 2. The issue raised in the present Appeals pertain to admission to

the M.B.B.S. course in the State of Kerala, for the academic

year 2019­20, for the 9 seats reserved for the Sports Quota.  3. The Appellant – candidate had applied for admission under the

Sports Quota, on the basis of having secured the 3rd position

1

in  Kerala  under  25  Chess  Championship conducted  by the

Sports Association of Thiruvanthpuram in January 2019. The

Appellant had represented the Kollam District.  4. The Prospectus for Admission to Professional Degree Courses

(KEAM – 2018) was issued on 1st February, 2019. Clause 1.6 of

the Prospectus states that :   “The  Prospectus is  subject to  modification/addition/ deletion as may be deemed necessary by the Government”. The allotment to sports quota seats in professional degree courses is governed by clause 5.2.6 of the prospectus for admission to professional degree courses, approved by the State Government vide G.O. (M.S.) No. 22/2019/H.Edn.dated 1.2.2019.”

Clause 5.2.16 reads as follows :  

“5.2.16 Sports Quota (SP): Candidates who claim reservation under Sports Quota shall fulfil their eligibility  based on  the  norms of  Kerala  State  Sports Council appended in Annexure XVIII (ii) prior to submission of application, for the seats as prescribed in the Prospectus.”

As per the Prospectus, the applications for admission

under Sports Quota are submitted to the Kerala States

Sports Council, which allots marks to candidates according

to their proficiency in sports. The maximum marks for

proficiency is 500. The Guidelines of the Sports Council for

awarding marks for proficiency in sports is provided under

Annexure XVIII(ii) of the Prospectus. The marks list of

candidates  under “Individual  Events” and “Team Events”

are prepared separately and forwarded to the Commissioner

for the Entrance Examinations on or before 30th April 2018.  

5. In the case of candidates seeking admission to Medical

courses, the marks for proficiency in sports are awarded out of

2

500, which are added to the marks obtained by the candidates

in the NEET­UG 2019.  The Sports Council allots marks to the candidates

according to their proficiency in sports. The seats under the

Sports Quota are filled up by giving equal representation to

students  in both the  individual  and team categories.  The

principle for allotment is 1:1 to be implemented by allotting

the seats alternatively between the two categories of

individual event and team event.   6. The NEET­UG 2019 Examination was conducted on the

05.05.2019 for the current academic year 2019­20 for

admission to the undergraduate M.B.B.S. course. 7. On 8/9th  May, 2019 the verification of candidates was

conducted by the Kerala Sports Council. 8.  On 19th May, 2019 the Kerala Sports Council published the

provisional list of candidates eligible for the Sports Quota, both

in the Individual and the Team Categories, and invited

objections/complaints to the same. The last date for

submission of objections was 25th May, 2019.

It is relevant to note that the Appellant raised no

objection to the provisional list.

9. On 27th  May, 2019, the Kerala Sports Council published the

Final List of eligible candidates under both the Individual and

Team Quotas. The Appellant did not raise any

objection/complaint even at this stage. The Final list was

forwarded to the State CEE. 10. On 6th  June,  2019 the All India NEET­UG 2019 result  was

declared.

3

11. The State CEE published the category­wise list of candidates

eligible for M.B.B.S., including the Sports Quota in the

Individual and the Team Category on 28th June, 2019. 12. There were 7 seats available for the Sports Quota for

admission to the M.B.B.S. course, while two seats were

reserved for  B.D.S.  Out  of the  7  seats for  M.B.B.S., in the

Sports  Quota,  4  seats  were  allotted to the Individual event

category, and 3 were allotted to the Team event category. 13. The Appellant secured final marks of 548.4722 in the NEET­

UG examination, after including the marks awarded to him in

the Sports (Individual) category.  

Respondent No.5 – Sujithraj  U. Mallan was awarded

669.1667 in the Sports (Individual) category.

Respondent No.1 – Sunisha N.S. was awarded

594.0278 in the Sports (Team) category. 14. The Appellant  filed a Representation to the Secretary of the

Sports Council of Kerala alleging that Respondent No. 5 – Mr.

Sujithraj Mallan had wrongly been included in the Individual

List, as he had participated in a Team event. 15. The Appellant then filed W.P.(C) No. 17995/2019 before the

Kerala  High  Court praying  inter alia  for a direction to the

Sports Council of Kerala to re­consider the marks allotted to

the Appellant, and consider shifting Respondent No. 5 to the

Sports (Team) List.  The Appellant impleaded two students i.e. Respondent

No.5 – Sujithraj U. Mallan, and one Mr. Vinay Thomas

Abraham as party Respondents in the Writ Petition.  16. During the pendency of the Writ Petition, on 06.07.2019, the

Kerala State Sports  Council informed the Commissioner of

4

Entrance Examinations that four candidates including

Respondent No.5 –  Sujithraj  U. Mallanhad,  had erroneously

been included in the Final Sports (Individual) List, even though

they ought to have been included in the Sports (Team) List. 17. The Commissioner of Entrance Examinations declined to

consider the communication of the Kerala State Sports Council

dated 06.07.2019 received after the publication of the final list

at a belated stage of the admission process. 18. The first round of allotment was made by the Entrance

Commissioner on 08.07.2019 with an option to the candidates

to join on or before 12.07.2019.  19. The Single Judge of the High Court  vide  Judgment dated

05.08.2019, allowed the Writ Petition, holding that the

Commissioner of Entrance Examinations was obligated to act

on the communication of the  Kerala State  Sports  Council.

Accordingly,  Respondent  No.5 –  Sujithraj  U.  Mallanhad was

directed to be considered for admission in the Sports (Team)

List. 20. Aggrieved by the said Judgment, Respondent No. 1 – Sunisha

N. S. on 07.08.2019,  filed Writ Appeal No. 1757 of 2019 to

challenge the Judgment dated 05.08.2019 passed by the

learned Single Judge. 21. The Division Bench, after hearing the Counsel for Respondent

No. 5 – Sujithraj U. Mallanhad, on the same day set­aside the

Order of the Single Judge and directed that the Rank List be

re­cast by amending the category of Respondent No.5 –

Sujithraj U. Mallan had in the Sports (Individual) category. The

consequence of implementing the direction of the Single Judge

5

at this belated stage would mean that the entire admission

process would require to be re­done, which was undesirable. It was ordered that the Rank of Respondent Nos. 1 and 5

be retained as per the list prepared on 28.06.2019. 22. The Appellant was not issued Notice in the Writ Appeal, and

hence was not heard by the Division Bench.  23. Aggrieved, by the judgment dated 07.08.2019 passed by the

Division Bench, the Appellant has filed the present Appeals. 24. We have heard the learned Counsels for all the parties, and

perused the material on record. We affirm the judgment

passed by the Division Bench for the reasons set out

hereunder : 24.1. The Writ Petition filed by the Appellant before the High

Court was wholly speculative in nature. The entire

case of the Appellant was based upon shifting

Respondent No.5 from the Individual Quota to the

Team Quota, which would result in the Appellant

getting selected in the Sports (Individual) category, and

having the marks added to his NEET score. Such a plea was wholly unfounded, particularly

since out of the candidates in the Sports (Individual)

category, the Appellant has admittedly scored the

lowest marks. Respondent No. 1 had secured 57 marks, while

Respondent No. 5 had secured 53 marks. 24.2. The Appellant did not disclose in the Writ Petition, that

if the relief prayed for was granted, it would have

resulted in the displacement of another student in the

Team category viz. Antony P. Alappat, who had scored

60 marks in the final result.  

6

The Appellant did not even join Mr. Alappat as a

party to the proceedings. Hence, the prayer made by

the Appellant herein was liable to be rejected on this

ground also. 24.3. The Appellant had admittedly not raised any objection

to the  provisional list  which  was  published  on  19th

May, 2019 even though an opportunity was given to all

candidates to raise objections. The final list came was on 27.05.2019, which was

also not objected to by the Appellant.  The Appellant  raised a  challenge  only  after the

category wise list of reserved candidates was published

on 28.06.2019,  when the Appellant  chose to  file  his

Writ Petition on 01.07.2019 after the seats were

allotted in the Sports quota.  The entire case of the Appellant is an

afterthought, and has been made at a belated stage of

the admission process, and cannot be entertained.  24.4. If the plea of the Appellant was to be accepted, it would

impact the criteria adopted for admission not only to

the M.B.B.S. course, but also other professional degree

courses, for  which the same  norms for selection of

candidates in the Sports category are applicable.  24.5. The Appellant did not reveal in the Special Leave

Petition that  the counselling had been completed on

08.08.2019, and all the students, including the

Appellant,  Respondent  No.  1  and  Respondent  No.  5

had secured admission in various medical colleges,

and were undergoing the course.

7

This fact was not disclosed to the Court even at

the  time of  admission hearing on 19th  August,  2019

when this Court issue notice and granted an interim

order in favour of the Appellant. These facts came on

record in the Counter Affidavit filed by Respondent No.

1 on 27th  August, 2019. The Appellant ought to have

approached this Court with candour, and disclosed the

correct facts. 24.6. The Kerala State Sports Council was wholly unjustified

in making a recommendation for shifting Respondent

No. 5 after the Final List had been released. The

consequence of implementing such a direction at such

a belated stage,  would be that the  entire  admission

process under the Sports Quota would require to be

re­done. The letter dated 06.07.2019 was wholly

unjustified, and the Division Bench has rightly

disregarded the same. 25. In view of the aforesaid discussion, the prayer of the Appellant

to consider Respondent No. 5 in the Sports (Team) Quota is

unsustainable on merits. It is made clear that for the purposes

of admission to the M.B.B.S course in the Sports Quota, the

position awarded to the candidates in the final Rank List

published by the Commissioner of Entrance Examinations on

28.06.2019, shall be the basis for granting admission by the

authorities. 26. Accordingly, the Civil Appeals are dismissed.  

The interim Order passed 19.08.2019 is vacated. Pending applications, if any, are dismissed.

8

In S.L.P.(C) No. 20529 of 2019

Leave granted. The Appeal is disposed of in terms of the order passed in the

Civil appeal Nos. 7025­7026 of 2019.

...…...............………………J. (INDU MALHOTRA)

.......................................J. (SANJIV KHANNA)

New Delhi; September 5, 2019.

9