Excelsior Correspondent
Srinagar, July 14: High Court has refused to grant benefits of the sports category to the candidates seeking admission to NEET courses citing the certificates have been obtained from an unrecognized sports organization.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar has dismissed the appeal of 11 NEET aspirants challenging the judgment of writ court, whereby the writ court has dismissed the petition filed by them seeking a direction to the BOPEE authorities to grant them the benefit of the sports category in the matter of admission to NEET-UG Courses, 2023, on the basis of certificates issued by the Sqay Federation of India.
“Once it is found that the Sqay Federation of India had obtained recognition by practicing fraud, the recognition ceases to be in operation from the date it was granted. That being the clear position, any sports events and activities conducted by it would be the sports activities by a sports organization without authority of law. The certificates of sport granted by such an unrecognized sports organization cannot be treated as valid for any purpose, more particularly, in relation to taking the benefits of the sports category in admission to NEET-UG Courses”, DB said.
The DB has concurred with the view taken by the writ court that the sports certificates issued by the Sqay Federation of India which owed its existence to fraud cannot be taken to be valid certificates. “The appellant-candidates may have a remedy against the Jammu & Kashmir Sqay Association, Sqay Association of Ladakh, and Sqay Federation of India. However, the certificates of sports issued by these organizations to the appellants cannot be held valid and cannot secure the benefit to them”, DB added.
The court said the argument made the counsel appearing for the aggrieved candidates, without any substance by recording that the fraud in the instant case is established. “It is trite law that fraud vitiates every solemn act and everything which it touches. Fraud and justice can never dwell together, the DB added. The beneficiaries of the fraud, the court said, called them the victims of fraud. The court said they may have a claim for compensation against the perpetrator of the fraud but cannot be permitted to take benefit of the fraudulent acts of the perpetrator.
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