Full Judgment
25. 02.2013 CORAM THE HONOURABLE MR. JUSTICE VINOD K.SHARMA W.P.No.5998 of 2009 and M.P.No.1 o”
1. P.Rajagopalan The Secretary, Physical Education teacher Physical Directors' Association, Nagapattinam, No.47, Cooks Road, Velipalayam, Nagapattina”
001. 2. A.Kannan The Treasurer, Physical Education Teacher Physical Directors' Association, Nagapattinam, No.47, Cooks Road, Velipalayam, Nagapattina”
001. .. Petitioners -Vs- 1. The Secretary to Government, Youth Welfare and Sports Development Department, Fort St.George, Chenna”
009.
2. The Member Secretary, Sports development Authority of Tamilnadu, 116-A, Periyar EVR High Road, Nehru Park, Chenna”
084.
3. The Director, Sports Authority of India, Nethaji Subash South Centre, Bangalore.
4. The Assistant Director, SAI Centre, Mahatma Gandhi Stadium, Salem.
5. The Administrative Officer, SAI Centre, Rajan Thottam, Myladuthurai, Nagapattinam District.
6. The Director of School Education Department, D.P.I. Campus, College Road, Chenna”
006. .. Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct all the respondents to consider the representation of this petitions dated 06.01.2009 and further direct all the respondents not to allow the Sports Hostel / Day Boarder students of SDAT and SAI to compete with the other normal Government Schools'/ Corporation Schools' / Aided Schools' / Rural area schools' since the two category of students are unequal due to reasons set out in the writ. For Petitioner .. Mr.M.Narayanaswamy For Respondents .. Mr.R.Ravidhancran,Addl.Govt.Pleader for R1,R2 and R4. Mr.L.Chandrakumar for R3. O R D E R The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to consider the representation of the petitioner dated 6.1.2009 and direct the respondents not to allow the Sports Hostel / Day Boarder students of SDAT and SAI to compete with the other normal Government Schools'/ Corporation Schools' / Aided Schools' / Rural area schools' being unequal.
2. The petitioner is the Secretary to the Physical Education Teacher -Physical Directors' Association, Nagapattinam District. The case of the of petitioner is that the students of the Sports Hostel enjoy various benefits as they are provided with free dormitory facilities, free mess with healthy and nutritional diet. The best sports persons from all over Tamilnadu from various sports discipline based on merit, ability and skills are admitted to the Sports hostels. The TA & DA for different tournaments are borne by the 2nd respondent and the persons who are chosen for sports hostel are highly talented sports persons in Tamilnadu who excel in the respective sports.
3. According to the petitioners, when compared to the ordinary students or ordinary sports persons, the sports persons belonging to Sports hostel are highly superior and the students of ordinary schools are no match to them. The students belonging to the Government Schools/ Corporation schools, Aided schools and all rural schools cannot be compared at all with them in terms of sports performances.
4. The Tamilnadu School Education Department conducts various inter school competitions through Zonal level, Educational District Level, Division Level( Inter Revenue District), State Level in the name of Bharathiar Day Games Competitions, Republic Day Games Competitions and Republic Day Athletics Competitions. The majority of the participants are students, sports persons, athletes belonging to the Government Schools, Corporation Schools, Aided Schools and Rural Schools. Along with these students, two best teams from the Sports Hostel take part in the State level tournament directly and the two best athletes for each athletic event also take part in the State level Athletic competition directly.
5. These two teams and two athletes are selected from the inter Sports Hostel competitions. The sports hostel teams appear in the Sports disciplines of Foot Ball, Hockey, basket Ball, Volley Ball, Hand Ball, Kabaddi, Taek-won-do and Athletics. The participants from the Sports Hostel, being better sports persons, win majority of the competition and individual medals.
6. The remaining medals are won by private Schools and affordable students, who can spend money on special coaching.
7. According to the petitioner, this process is unfair to the general students, as it results in discouragement to the students of Government school, who refuse to participate. It is on the compulsion of the physical education teacher, the students take part and that too, for the purpose of participation. This result in the students losing opportunity to understand the healthy aspect of competition in a friendly environment.
8. The reason why the sports hostel students perform better and win competition are as under. "a) The best talented players are selected from whole of Tamilnadu. b) They are given fully free accommodation facilities by the State/ Central Government. c) Special nutritional food is provided on free of cost by the State / Central Government. d) They are trained by special coaches of the concerned sports/ Games. e) Scientifically tested training is given to them. f) Special Sports kits are provided on free of cost by the State/ Central Government. g) Students here have better exposures by competitive practice." 9. The case of the petitioner is that, in order to avoid such disparity, it will be nice for the respondents to hold separate competition for the sports hostel students/ day boarders of SDAT/ SAI and a G.O. to that effect can be passed, that certificates issued by the Sports Hostel authorities will have equal value to the certificates issued by the School Education Department. By doing so, the Sports Hostel students shall not be prejudiced in any way. It is submitted that the petitioners have filed representation with the respondents but no answer is forthcoming.
10. The respondents have opposed the writ petition by submitting that the petitioners have no locus standi to maintain this writ petition, as the petitioners cannot be said to be the aggrieved parties not being the students who are to participate in the competition.
11. It is also the contention of the learned counsel for the respondents that the writ, as framed is not maintainable as it is the policy decision to be taken by the State as to how the sports can be encouraged.
12. On consideration, I find that the writ petition is totally misconceived. The object of filing the writ petition is to achieve some other motive than the one projected in this writ petition. The object is to get certificate so as to claim admission under the Sports quota on the basis of the participation in the sports. If such a plea is allowed, the very object of making reservation for sports person would stand defeated, as the object of giving reservation to the sports person is that, by virtue of participation in sports, these students do not get sufficient time to study as compared to normal students who secure much higher marks than the sports person.
13. The object of the sports quota is to give employment & admission to outstanding sportsmen. Therefore, by not allowing the better sportsman to participate in the competition only result in degrading the standard of sports, which otherwise is not of very high standard in India. The country needs better sports persons who can compete at international level, than to discourage the good sports person from participating in the sports.
14. Merely because a person from Government School or Aided School is not able to compete, cannot amount to treating the unequal as equal.
15. There is no bar to any sportsman studying in school to participate and prove his skill to compete with any other person. The plea of the petitioner that the action of the respondents in holding the joint competition will result in discrimination, cannot be accepted.
16. Therefore, finding no merit in the writ petition, it is ordered to be dismissed. No costs. Consequently, connected M.P.No.1 of 2009 is closed. vsi To 1. The Secretary to Government, Youth Welfare and Sports Development Department, Fort St.George, Chenna”
009.
2. The Member Secretary, Sports development Authority of Tamilnadu, 116-A, Periyar EVR High Road, Nehru Park, Chenna”
084.
3. The Director, Sports Authority of India, Nethaji Subash South Centre, Bangalore.
4. The Assistant Director, SAI Centre, Mahatma Gandhi Stadium, Salem.
5. The Administrative Officer, SAI Centre, Rajan Thottam, Myladuthurai, Nagapattinam District.
6. The Director of School Education Department, D.P.I. Campus, College Road, Chenna”
00.