- 1 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 15288 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 13802 OF 2023 (EDN-RES) IN WP No. 15288/2023 BETWEEN: DEVARAJ AGED 18 YEARS, S/O MALLAPPA, NUMBER 100, ARALAHALLI YADAGIRI DISTRICT KARNATAKA - 509 210. …PETITIONER (BY SMT. RASHI SING, ADVOCATE FOR SRI. A. MAHESH CHOWDHARY, ADVOCATE) AND: 1. KARNATAKA EXAMINATIONS AUTHORITY, REPRESENTED BY ITS DIRECTOR, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012. 2. ADMINISTRATIVE OFFICER KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU - 560 012. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 3. EXECUTIVE DIRECTOR KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU - 560 012. 4. STATE OF KARNATAKA YOUTH EMPOWERMENT AND SPORTS DEPARTMENT, VIDHAN SOUDHA, KARNATAKA - 560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R1 TO R3; SMT. MAMATHA SHETTY, AGA FOR R4) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT EXAMINATION AUTHORITY TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-A AND ALLOW THE PETITIONER TO SUBMIT HIS SPORTS CERTIFICATE SO AS TO BE CONSIDERED ELIGIBLE UNDER KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATION INSTITUTION RULES, 2006 AND ETC., IN WP NO. 13802/2023 BETWEEN: VARUN NAYAK M AGED 18 YEARS S/O MOHANA V, NO. 268, NANJUANGUDU TALUK DEBUR, MYSORE, KARNATAKA - 571 314. ...PETITIONER (BY SMT. RASHI SING, ADVOCATE FOR SRI. A. MAHESH CHOWDHARY, ADVOCATE) - 3 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 AND: 1. KARNATAKA EXAMINATIONS AUTHORITY, REPRESENTED BY ITS DIRECTOR, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012. 2. ADMINISTRATIVE OFFICER KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU - 560 012. 3. EXECUTIVE DIRECTOR KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU - 560 012. 4. STATE OF KARNATAKA YOUTH EMPOWERMENT AND SPORTS DEPARTMENT, VIDHAN SOUDHA, KARNATAKA - 560 001, REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R1 TO R3; SMT. MAMATHA SHETTY, AGA FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ISSUED BY R-3 BEARING NO. ED/KEA/REC-1/2023 DATED 28.06.2023 VIDE ANNX-A AS ARBITRARY, ILLEGAL AND VIOLATION OF ARTICLE 14 AND 21, CONSTITUTION OF INDIA 1950 AND ETC., [ THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER 1. As common questions are involved, both the writ petitions are taken up together. 2. Denial of reservation of seats under the sports quota, petitioners are before this Court in these writ petitions. Petitioners are students, who at the time when 66th National School Games, 2022-2023, Gwalior Madhya Pradesh was conducted were studying in 12th standard in Sharnbasveshwar Residential Composite Pre-University College, Kalaburagi and Citizens PU College KHB Nanjanugudu respectively. 3. On 15.05.2023 and 11.05.2023, notifications were issued for 66th National School Games by the Office of the President, School Games Federation of India (hereinafter referred to as “SGFI” for short). Under the notification, the SGFI had invited students of various disciplines to participate in the sport of Badminton, Handball and Hockey in the 66th National School Games for - 5 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 under 19 age group Boys and Girls Championship 2022- 2023. In the said invitation, it was provided that the participating students have to fulfill the eligibility rules of championship and that they are studying in 12th or below but not below 8th standard. The petitioners participated in the game of Hockey and Handball in 66th National School Games conducted between 06.06.2023 to 12.06.2023 through their PUC School team representing the Karnataka State and were issued with a participation certificates. 4. When the petitioners were selected to participate in the 66th National School Games, the Karnataka Examination Authority(KEA) vide notification set the date of submission of Special Category certificate for the sports quota as of 31.05.2023 and date of submission of the sports document were closed even before the National Games were conducted. 5. Learned Counsel for the Petitioners submits that previously National School Games event has been conducted at the time when the students were not given - 6 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 their final exams and the Games event were conducted well before in time and this time the National School Games were conducted in a delayed manner. The petitioners have represented the State in 66th National School Games, certificate of participation in their favor cannot be denied, the reservation of seat under sports quota on the ground that the petitioners have participated in National School Games after passing of 12th standard (II PUC). 6. Relying upon Rule 9(B) of the Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules, 2006 (hereinafter referred to as "Admission Rules" for short) mandates that a student seeking reservation of seat under sports category has to obtain a certificate of having participated in the prescribed sports/games specified in the schedule during the five year of study in Karnataka between 8th and 12th standard and that the petitioners have participated in the qualifying games only between - 7 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 06.06.2023 and 12.06.2023 i.e., after the completion of the academic term and the petitioners claim cannot considered merely because the event was conducted late. 7. On the hearing the learned counsels, the question that falls for consideration in these writ petitions is “whether the petitioners who participated in the 66th National School Games, 2022-2023 conducted between 06.06.2023 to 12.06.2023 are entitled for reservation of seats under sports quota in the peculiar facts and circumstances of the case” 8. The Office of the President i.e., SGFI issued notification dated 15.05.2023/11.05.2023 and the eligibility fixed for the players to participate in the games was is stated as under: "(15) Eligibility (a) Each one of the above player should be born on or after 01.01.2005 they must be regular enrolled students of the school/Jr College they represent. The participating players should be studying in 12th or below class but not below 8th Standard Education - 8 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 Sessen 2022-2023 pass out Students are allowed in national Championship. (b) Eligibility/Age Certificate: All player's should have mandatory AADHAAR No., Official Entry & eligibility forms in new format duly signed/attested by the head of the institution/principal & counter signature by the competent authority of State.Unit/UTs. The team manager will be responsible for bringing the eligibility/birth certificate of the participants. Which are to be handed over to the organizing committee in tournament only official entry form signed by the competent authority of Sate/UT/Unit will be acceptable. In the absence of duly signed official entry form it will not be possible to participate in the tournament & no merit/participation certificate will be issued." 9. The criteria fixed for participation was that the player should be born on or after 01.01.2005 and they must be regularly enrolled students of the school/junior college they represent and the participating player should be studying in 12th standard or below class but not below 8th standard education 2022-23. As rightly pointed out by the learned counsel for the petitioners, at the time of notification for invitation the petitioners were studying in - 9 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 12th standard and petitioners participated in the 66th National School Games, 2022-2023 between 06.06.2023 to 12.06.2023, when in the interregnum, the petitioners had appeared the exams for 12th standard and the results were announced. Undisputed fact is that the 66th National School Games, 2022-2023 were conducted after a gap of 3 years, last being conducted for the year 2019-20 conducted in the Month of February 2020, the snapshot of the website of the School Game Federation of India confirming the dates of National School Games events annexed to the writ petition indicates the time period as follows; "i. 65th National School Games 2019-20, NCT Delhi in the month of February 2020. ii. 64th National School Games 2018-19, NCT Delhi in the month of January, 2019. iii. 63rd National School Games 2017-18, NCT Delhi in the month of January, 2019." - 10 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 10. The timelines clearly shows that previous school games event were conducted at the time when the students were studying for the academic year and had not given their exams, in the present situation the 66th National School Games were conducted in June-2023, when in fact it had to conducted in the Month of January/February. Merely because the event is conducted after the conclusion of exams of 12th standard (II PUC), that itself cannot go against the petitioners. The petitioners were selected to participate in the 66th National School Games when they were studying in 12th standard (II PUC), the conduct of 66th National School Games after the 12th standard exams cannot be attributed to the petitioners for denying the reservation of seat under the sports quota. This would be situation, to imagine that if the event was held in its usual schedule, as timeline earlier in the month of January/February the petitioners would have been eligible, the delay in conducting the 66th National School Games should not disadvantage the petitioners, accordingly point framed for consideration is - 11 - NC: 2025:KHC:4213 WP No. 15288 of 2023 C/W WP No. 13802 of 2023 answered holding that in the peculiar facts and circumstances of the case, the petitioners are entitled for reservation of seat under sports quota and the impugned order is unsustainable, for the forgoing reasons this Court pass the following: ORDER i. The writ petitions are allowed. ii. The impugned order passed by respondent No.3 at Annexure-A is hereby quashed. iii. The petitioners are entitled for reservation of the seats under the sports quota. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 2 CT: BHK