The High Court of Karnataka has directed the State government to pay ₹10 lakh as compensation to a 19-year-old chess player for depriving her of admission to MBBS course through government quota seats under the Sports category due to wrong categorisation, and compelling her to opt for admission under private quota by paying higher fee during 2023-24.
“Due to the arbitrary action of the respondent authorities, the ambition of the parents and student in pursuing sports activity to claim an incentive of preference for admission is shattered,” the Court observed.
A Division Bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind issued the direction while partly allowing a petition filed in 2023 by Sanjana Raghunath, a resident of Bengaluru.
She was deprived of MBBS seat under Sports category as the Department of Youth Empowerment and Sports had wrongly put her under the Sports category Preference-V instead of P-1 or P-III by not considering her medal secured in the international chess championship held in Thailand during April 2018. The Bench said that the department had wrongly concluded that her participation in the Thailand championship was “on invitation” and she did not represent the country or the State.
On the department’s other contention that only those sports events held between June 1, 2018, and May 31, 2023, were to be considered for awarding points for categorisation, the Bench said that the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institution Rules, 2006, do not specify the cut-off period for participation in the events.
Moreover, the Bench said that cut-off period was issued through circular issued in June 2023, which amount to changing the rules of the game after it starts. The petitioner should have been listed under P-1 category, the Bench said.
Meanwhile, the Bench did not find it fit to disturb admission made to MBBS course under Sports category last year as the petitioner is now studying in the second year of the course and it order passed in that regard will result in cancellation of admission of another student after a long period.
Fee difference
However, the Bench said that it is a fit case to award compensation as the cascading effect on the petitioner’s career is due to the arbitrary exercise and the wrong interpretations made by the State government. She was compelled to seek admission under a private quota seat, having an annual fee of ₹11.88 lakh, instead of a government quota seat having a fee which would not have exceeded ₹1.44 lakh per annum, if she was listed under proper sports category, the Bench noted.
Published - October 02, 2024 08:58 pm IST
