MBBS candidate Denied Sports Quota admission: Karnataka HC Directs State to Pay Rs 10 Lakh compensation

Bengaluru: While considering the plea by an MBBS aspirant, who was denied a seat under the sports quota despite representing India in several national and international chess tournaments, the Karnataka High Court recently directed the State Government to pay Rs 10 lakh to the student within six weeks from the date of order i.e. 01.10.2024.

The petitioner student is a chess player and she participated in various State/National and International Chess events. She had participated in the 32nd National U-13 Open and Girls Chess Championship 2018, the 7th National School Chess Championship 2018, the Asian Youth Chess Championship 2018, and the Common Wealth Championship 2018.

Aspiring to become a Doctor, the petitioner cleared the National Eligibility-and-Entrance Test UG Examination of 2022-2023 and scored a good rank. Consequently, she filed an application seeking admission to the Government seats in the Medical Colleges against the sports quota.

As per the petitioner, she is to be considered as a Preference P-I or P-III candidate. However, she was given P-V and was placed at Serial Number 9 in the provisional eligibility list and representations to various authorities remained unsuccessful. Ultimately, during the pendency of the case proceedings, the petitioner was admitted to the MBBS course on a Private Seat incurring fees exceeding Rs 11 lakh.

While considering her plea, the HC Division bench of Chief Justice NV Anjaria and Justice KV Aravind observed that the State's actions in denying the petitioner a seat under the sports quota and forcing her to get admitted to a private medical college was arbitrary.

The bench observed that the petitioner is to be considered as P-I by considering the Winning Certificate issued by the Asian Youth Chess Championship, 2018. "It is not in doubt that All India Chess Federation is recognized by the Ministry of Youth Affairs and Sports. The certificate issued by AICF on the participation of the petitioner in Asian Youth Chess Championship 2018 would evident representing the Country. In the light of the aforesaid reasons, the Certificate of Winning issued by Asian Youth Chess Championship, 2018 at Thailand is while representing the country," noted the Court.

"As per Rule 9 read with Second Schedule, the Asian Championship is in the list of Super-A Games. The candidate who has won a medal while representing the country in the Super-A Games is to be categorized as P-I," it further observed.

Accordingly, the bench held that the categorization of the petitioner as P-V is "on the face of it illegal". "The respondent authorities have committed serious errors either due to non-application of mind or the arbitrary exercise of the power. This action of the respondent authorities has deprived the petitioner's aspiration to pursue MBBS Course under Government seat reserved as sports quota," it noted.

At this outset, the Court also noted that due to the arbitrary decision by the authorities, the ambition of the parents and the student in pursuing sports activity to claim incentive of preference for admission was totally shattered. "The Court is bound to recognize the volume of time and money spent on pursuing the sport, apart from sacrificing academic training. Another aspect to be noticed and recognized is the moment of pride for the nation that was brought about by winning the certificate," it further observed. 

However, the Court observed that if at this stage, the authorities are directed to consider the petitioner under the sports quota as P-I category, the admissions already concluded would be disturbed and the seat that the petitioner was pursuing would be vacant if she were to shift her admission to the sports quota. Similarly, one of the candidates admitted under sports quota would be displaced. Therefore, the Court opined that "In that view, disturbing the admissions already finalized is neither permissible nor prudent."

"Once the Court holds that the action of the respondent-State has resulted in suffering to the petitioner, applying the test of time constraints, the petitioner cannot be denied of redressal of sufferings. Once the remedy of admission under the sports quota is not viable, the other method to remedy the grievance is with adequate compensation," it concluded.

The Court noted that the amount of fee fixed for admission to Government Medical College is Rs 50,000. The fee for government seats in private medical colleges in Rs 1,40,000 whereas for private seats it is Rs 11,88,000. "In the event, the petitioner was considered under P-I category, she would be eligible to secure admission either in Government college or a government seat in a private college which would not have exceeded Rs.1,44,000/- per year. As per the pleadings, the petitioner is admitted in a private college on a private seat," noted the Court.

Accordingly the Court ordered that being denied the opportunity to be admitted as a P-I candidate, the petitioner was entitled to compensation of Rs 10 lakh. "For the aforesaid reasons, the writ petition is allowed to the extent that the respondent-State is directed to pay compensation of Rs.10,00,000/- within six weeks from the date of service of this order," the High Court bench ordered.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/karnataka-hc-rs-10-l-255577.pdf

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