IN THE HIGH COURT OF JUDICATURE AT MADRAS

(SPECIAL ORIGINAL JURISDICTION)

W.P.No: 195P
/95s of 2021

Varsha Ajith (Minor)

Rep by her Father
D. Ajith Kumar
No:22, Kamaraj nagar,
1st Street, Choolaimedu,
Chennai - 94 .PETITIONER

Vs
1. Secretary to Government,
Higher Education Department,
Fort St.George, Chennai-600 009.

2. The Secretary,
Tamil Nadu Engineering Admission-2021,
Anna University, Chennai-600 025.

3. The Director,
Directorate of Technical Education,
Guindy, Chennai-600 025

4. The Registrar,
Anna University,
Anna University Campus,
Chennai-600 025.

5. The Member Secretary,

Sports Development Authority of Tamil Nadu
116 A, Periyar EVR High Road,
Nehru Park, Chennai - 600 084

6. The Chairman of Sports Board/Convenor of

Sports Committee of TNEA,
Anna University, Chennai-600 025.

7. The Common Committee constituted

for the Selection of Eminent
Sports Persons at Anna University
Anna University Campus,
Chennai-600 025. .. RESPONDENT

AFFIDAVIT OF D.AJITH KUMAR

I, D. Ajith Kumar, son of Damodara Kurup. K.P, aged about 55

years, representing Varsha Ajith (minor), residing at No:22, Kamaraj
nagar,1st Street, Choolaimedu,Chennai - 94, do hereby solemnly and
sincerely affirm as follows:

Dano Nlo:
 Petitioner herein
the
father of the am well n
1. I am
to sw.
am compctent ear
facts of thc case
and
hiw aflit
with the minor.
who is a
Petitioner,
behalf thc

her schoolin..
daughter completed
.

n
2. I submit
that my DAV
School. Gill Nagar. She
She has pursued
Matriculation Higher Secondary
which is a recognised
game/sport her
sine
the sport of throwball,
t o u r n a m e n t s representing he.
in many her
childhood. She has participated
in various State
Level. She has participated
School both at the State
Throwball Association
the Tamilnadu
Level Tournaments organised by
she has been selected by
the Tamilnadu
for Men and Women. Further
Women to represent the State of
Throwball Association for Men and
Tournaments held by the
Tamilnadu at various National Level
Throwball Federation of India. She completed her Higher Secondary
550.2 marks. She
cducation in the academic year 2020-2021 securing
is intending to pursue a course in B.Tech in Computer Science in High

ranking institutions under Anna University.

3. I submit that she has applied for Tamil Nadu Engineering

Admissions 2021, hereinafter referred to as TNEA 2021 and she was
issued with an Application No: 222606. She has applied for sports
quota under Special Reservation - Special categories as she is eligible to

be recognised as an Eminent Sports Person for the purpose of

admission under the Tamil Nadu Engineering Admission -2021. The
details of the procedure and manner for determining and awarding the
weightage mark for Sports Quota is detailed in Annexure II of TNEA
notification 2021.

4. I submit that as per Annexure Il of the TNEA Notification 2021,

participation and performance in the four previous year academic years
viz: 2017-2018, 2018-2019,2019-2020 and 2020-2021 will be taken
into account. Accordingly, she has enclosed details of the
medals/certificates along with Form - II certificates obtained in the

tournaments/meets she had participated in the academic years, 2017

2018, 2018-2019, 2019-2020 and 2020-2021 wherein the Tamil Nadu
state team has been adjudged winners or has obtained other medals.

She is eligible to be awarded 465 marks based on her participation and

performance over the past four academic years for the sports

Page No:
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 3

ertificates that she has provided. She satisfies all the criteria rc
under the INEA Notification for awardine weightage mark on the SP ts

certificates. It is further pertinent to state that with the weigntag

in a nig"
marks of 465 accorded to her, she will be eligible to be placed
ranking institution in the rankings list for Tamilnadu.

as Po
5. Submit that following the submission of her application,
nc
certificates Dy
Schedule, she was called for verification of the sports
the TNEA
25.8.2021 at
committee/7th Respondent herein
on
cOnmon

1acilitation centre. The common committee had verifiea P

DE
that marks will
Cerilicates provided by her and she was informed
totalling
by my daughter
accorded according to the certificates provided entitled. The
which she is
465 marks
ony upto 245 marks and not
certificates produced by
the Sport
C o m m o n committee refused to accept
for the
Championship
for participation in the State
my daughter Throw BallTamilnadu
conducted by the
academic year 2020-2021
Similarly, for the
for men and women on February, 2021.
Association
was
conducted
the National Championship
academic year 2017-2018, while
s a m e is rejected.
Following which,
2017, the
in Telengana o n May, to be
rank list on 14.09.2021,
of the
she was awaiting the publication
on 17.09.2021,
to our complete shock and
followed by the counselling
by telephone by a member of the
surprise, we were orally informed
certificates produced by her issued by the
common
committee that the
and women and the Throw
Ball Association for men
Tamilnadu Throw
considered for grant of weightage
India will not be
Ball Federation of
whatsoever for this arbitrary
marks. No reason has been assigned
Common
has any written order been passed by the
decision nor

Committee.

team-mates in the Tamilnadu State team, which

6. I submit that her
medal and adjudged winners in the 16th Junior State
had secured gold
held at Kanchipuram for the academic year
Throwball Championship,
2018-2019; 18th Senior State Throwball Championship, held at

2020-2021; 30th Junior National

Dindugul for the academic year

Throwball Meet, held at

Kerala for the academic year 2019-2020, all

held by the Throwball

Federation of India and Tamilnadu Throw Ball
Association for men and women have applied for and been selected in

TNEA Counselling in the previous academic years, under the Sports

Page
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 A

Quota based on the participation in these tournaments (1

was alsd
player in that team and contributed to the winning of the team.

common committee had considered their applications and erans.

.Th
weightage marks under the sports quota till the TNEA counselling held
anted
last year. We are now relying on the very same tournament and
certificates issued by the Throwball Federation of India and Tamilnadu
Throwball Association for Men and Women which was relied by my
teammates and based on which my teammates have obtained seat

under the sports quota and are successfully pursuing their education.

7. submit that as stated supra the common committee has

awarded weightage mark for number of sportsmen/women, who have
participated in the tournaments conducted by Tamilnadu Throw Ball
Association for Men And Women and the Throwball federation of India.
Now, all of a sudden, the common committee after granting weightage
marks, is now orally informing that the sports certificates provided by
my daughter will not be considered. This decision has no rhyme or
reason and orally informing at the very fag end of the counselling
process, wrecks my entire future. The decision of the common
committee is arbitrary and without any reason.

8. I submit that she has dedicated herself to the sport over the
years, she had attended all sports meets and participated with passion

and dedication and have won laurels and accolades for the Tamilnadu

State at the various national meets. She is

solely reliant on
pursuing
her higher education only through the sports certificates that she had

obtained over the years. If the sports certificates provided by her are
not taken into consideration, then she will not be able to pursue her
higher education at al.

9. I submit that state and national tournaments participated by her

are recognised as regular championship tournaments by all the teams

and schools. The winners of these tournaments are considered as State

and National champions.

10. I submit that as per the schedule published by the TNEA the rank

list is due to be published on 14.09.2021. If her application for eminent

sports person is not considered, I will be relegated to a very low position

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n the rank list thereby making her incligible to obtain a seat througn

the counselling process.

Consequently, she will be plut
loss and extreme hardship. Her entire future will be jeopardised. The
o
**
counselling for the special reservation categories including for eminent
sports person is scheduled to be conducted from 17.09.2021.

T submit that she was called for certificate veritication on

4008.2021l by the common committee to scrutinise the certificates

proauced by her. She was granted weightage marks to a grand total of

onuy 245 marks and not 465 which she is entitled. We were orally

ntormed through Telephone on 06.09.2021 that my daughter's sports

certificates will not be taken into consideration. The decision taken by
the common committee is arbitrary without any rhyme or reason. In the

case of non-consideration of her certificates, she will be denied the

Weightage marks accorded to sports quota and consequently she will

not be able to pursue education of her choice for awarding weigh tage
mark jeopardising her entire future and putting her to irreparable loss

and undue hardship. Under these circumstances she is constrained to

approach this Hon'ble Court under Article 226 of the Constitution of

India.

For the foregoing reasons, it is prayed that this Hon'ble Court

may be pleased to stay the publication of the Rank list for the Eminent

Sports Person category on 14.9.2021 as per the TNEA schedule 2021

and thus render justice.

For the foregoing reasons, it is prayed that this Hon'bl Court

may be pleased to direct the 7th Respondent to consider the petitioner's

application for Eminent Sports Person and award weightage mark

based on the Sports certificates produced by the petitioner and include
the name of the petitioner in the rank list to be published on
14.09.2021 as per the TNEA schedule 2021 and thus render justice.

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For the foregoing reasons, it is prayed that this Hon'ble Coi

may be pleased to direct the 2nd Respondent to allow the petitioner t
t
attend the TNEA counselling to be held along with
on 17.09.2021 the
weightage mark accorded to the petitioner under the Eminent Sports
Person special category and thus render justice.

For the foregoing reasons, it is prayed that this Hon'ble Court,

may be pleased to issue a WRIT OF MANDAMUS or any other Writ or
Order or Direction in the nature of
Writ of Mandamus directing the 7th
a

Respondent to award weightage mark based on the sports certificates

produced by the petitioner herein under the Eminent Sports Person
special category on or before 14.09.2021 and further direct the 2nd
Respondent to permit the Petitioner to participate in the counselling to
be conducted on 17.09.2021 based the
on
weightage marks awarded
by the 7th Respondent under the Eminent Sports Person special
category and pass such further or other orders as this Hon'ble Court
may deem fit and proper in the circumstances of the case and render
justice.

Solemnly affirmed at Chennai Before me,

on this the day'of September 2021
and signed his name in my
presence. Advocate: Madras