Kerala High Court
Satheesh Kumar .R vs Kerala State Sports Council on 10 February, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
WP(C) NO. 38094 OF 2022
PETITIONER:
SATHEESH KUMAR R.,
AGED 44 YEARS
SHIVATHEERTHAM, CHIRAKKONAM,
VATTAPPARA P.O.,
THIRUVANANTHAPURAM,
KERALA, PIN-695 028.
BY ADVS.
T.SANJAY
SANIL KUMAR G.
MIDHUN R.
RESPONDENTS:
1 KERALA STATE SPORTS COUNCIL,
(REPRESENTED BY THE SECRETARY), STATUE,
THIRUVANANTHAPURAM, KERALA, PIN-695 001.
2 SAGAR.J.A.,
"SAGARA", PIRAPPANCODE P.O.,
THIRUVANANTHAPURAM, KERALA, PIN-695 607.
3 SPORTS AUTHORITY OF INDIA,
REPRESENTED BY ITS DIRECTOR GENERAL,
JAWAHARLAL NEHRU STADIUM COMPLEX (EAST GATE),
LODHI ROAD, NEW DELHI-110 003.
4 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF YOUTH AND SPORTS AFFAIRS,
GROUND FLOOR, SHIVAJI STADIUM ANNEX BUILDING,
NEW DELHI, PIN-110 001.
W.P.(C) No.38094/2022
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BY ADVS.
LATHA ANAND
PIRAPPANCODE V.S. SUDHEER
GOVIND K.BHARATHAN (SR.)
VISHNU PRADEEP
SMT.TISSY ROSE K CHERIAN, SC, SPORTS AUTHORITY
OF INDIA
AKASH S.(K/980/2008)
GIRISH KUMAR M S(K/001593/2018)
V.S.VARALEKSHMI(K/000910/2019)
DEVIKA JAYARAJ(K/003117/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2023, THE COURT ON 10.02.2023
DELIVERED THE FOLLOWING:
W.P.(C) No.38094/2022
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N. NAGARESH, J.
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W.P.(C) No.38094 of 2022
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Dated this the 10th day of February, 2023
JUDGMENT
~~~~~~~~~ The petitioner, who is a Swimming Champion, seeks to declare that the petitioner is eligible to be appointed as Swimming Trainer/Coach at District Sports Academy, Pirappancode under State Level Khelo India Centre Scheme on the basis of Exts.P1 to P4 Certificates and Ext.P5 Government of India Guidelines.
2. The petitioner states that he hails from the Swimming Village of Manickal, Pirappancode, Thiruvananthapuram District. The petitioner was part of CISF Central Swimming Team for 22 years. The petitioner won three individual medals and one team medal in Relay for Central Police force. The petitioner secured third position in W.P.(C) No.38094/2022 :4: 200 m. Butterfly Stroke in the 54 th Senior National Aquatic Championship held at Mumbai.
3. The petitioner also secured third position in 200 m. Butterfly Stroke in the 55 th Senior National Aquatic Championship held at Calcutta. Again, the petitioner came in the third position in 4 x 100 metre Medley Relay in 56 th Senior National Aquatic Championship held at Thrissur. The petitioner secured 40 medals for CISF including three Gold Medals in All India Police Aquatic Championships in various years. In recognition of his achievements, the CISF granted him three promotions and he was elevated to the rank of Inspector in the year 2020. The petitioner took voluntary retirement from the CISF with effect from 31.10.2022.
4. The petitioner states that the Government conceptualised Khelo India Scheme as per Ext.P5 letter dated 29.06.2020. As part of Government's vision to strengthen the sports ecosystem in the country at the grassroot level, a low-cost, effective sports training mechanism has been developed wherein past Champion W.P.(C) No.38094/2022 :5: Athletes would become Coaches and Mentors so that their expertise and experience would be properly utilised for nurturing of Athletes at grassroot level and also to ensure a sustained source of income for them.
5. According to the petitioner, as per Annexure-II attached to Ext.P5 letter, in the method of appointing past Champion Athletes as Sports Trainees/Coaches, first preference has to be given to those who have represented India at recognised International Competitions. The second preference is to Medal Winners at Senior National Past Championships conducted by recognised NSF or Medal Winner at Khelo India Games. The Medal Winners at National AIU Past Championships will get the third preference. The fourth preference would go to persons who have represented the State in Senior National Championship.
6. The petitioner states that taking into consideration the Medals won by the petitioner, he is entitled to get the second preference in the matter of appointment of Past W.P.(C) No.38094/2022 :6: Champion Athletes. The 2nd respondent is an Athlete in the field of Water Polo. Even if the achievements of the 2 nd respondent are taken into account, he will be eligible only for the third preference and that too in the field of Water Polo only, asserts the petitioner.
7. The petitioner states that by Ext.P7 notification, the 1st respondent invited applications from eligible candidates to be appointed as Coach, for 12 sports disciplines, including Swimming. Interview dates were fixed on 02.11.2022 and 03.11.2022 for various Districts. For the vacancy of Sports Trainee/Coach in the discipline of Swimming in District Sports Academy, Pirappancode, there were only two candidates who appeared in the interview. Though the petitioner belonged to second preference category, the 1st respondent selected the 2 nd respondent as Sports Trainee/Coach for the discipline Swimming.
8. The petitioner would submit that the appointment of the 2nd respondent, a Water Polo Player, as Swimming Coach for State Level Khelo India Centre, W.P.(C) No.38094/2022 :7: Thiruvananthapuram is illegal and goes against Ext.P5 Guidelines. None having first preference attended the interview. The petitioner is entitled to second preference for appointment as Swimming Coach. The 2 nd respondent is entitled only to third preference and that too for the discipline Water Polo. The 2nd respondent is not equipped to give training in Swimming. The 2 nd respondent is an unqualified Swimming Coach, he being only a Water Polo Champion. Ext.P8 proceedings are therefore highly illegal and arbitrary and are liable to be set aside. The 1 st respondent is compellable to appoint the petitioner as Swimming Coach at District Sports Academy, Pirappancode, Thiruvananthapuram as per the State Level Khelo India Centre Scheme in accordance with Ext.P5 Guidelines and Ext.P7 Notification, contended the petitioner.
9. The 1st respondent resisted the writ petition filing counter affidavit. The 1st respondent stated that the certificates of the petitioner were examined by the interviewers and it was found that those credentials were W.P.(C) No.38094/2022 :8: issued to him in the competitions held about 20 years ago, during 1999 to 2002. As per the records, the last certificates obtained by the petitioner are the ones for securing third place in the 200 m. Back Stroke and second place in 4 x 100 metre Medley Relay. As those events happened long ago, the interviewers found that the fitness of the petitioner to be a Swimming Coach as on date, is doubtful. The petitioner did not produce any other credentials in the events he participated after the year 2002.
10. The 2nd respondent had presented certificates showing that he has been active in the sport to Swimming until recent times. The 2 nd respondent submitted certificate of eligibility as the winner in the sport of Water Polo obtained in the 73rd Senior National Aquatic Championships of the year 2019 organised by the Swimming Federation of India. He has also produced a certificate of experience from an affiliated Swimming Club known as the "Dolphin Club" as a Trainer of the "Day Boarding Scheme (Swimming)" from 01.08.2017 to 31.03.2021.
W.P.(C) No.38094/2022:9:
11. The 1st respondent submitted that the sport of Water Polo is a combined form of all swimming styles. An expert sports person who plays Water Polo must be acquainted with all forms of swimming styles like freestyle, backstroke, breaststroke, etc. All of the swimming techniques mentioned above are required for the player's body movements in Water Polo. The Water Polo is considered as one of the toughest Olympic sports by experts. As per the certificates issued by the Swimming Federation of India, Swimming, Water Polo and Diving come under a single category of water sport namely, Aquatics. In the said circumstances, the 2nd respondent was found to be of superior merits than the petitioner, for appointment as Swimming Coach.
12. The 2nd respondent also filed a counter affidavit in the writ petition. The 2nd respondent submitted that he has been working as Trainer of Day Boarding Scheme (Swimming) of the Dolphin Club. The students under the 2 nd respondent made spectacular performances. The Kerala W.P.(C) No.38094/2022 : 10 : Aquatic Association has certified that the 2 nd respondent is the winner of men's section of the Water Polo even in the 69th Senior Kerala State Aquatic Championship, 2022. The petitioner has been keeping away from Swimming and hence there is no question of his being appointed as a Trainer in preference to the 2nd respondent.
13. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 1 st respondent, the learned counsel for the 2 nd respondent, the learned Standing Counsel for the 3rd respondent and the learned Deputy Solicitor General of India representing the 4 th respondent-Union of India.
14. Ext.P5 is the Implementation Guidelines for Khelo India Centres framed by the Ministry of Youth Affairs and Sports, Government of India. The Sports Ministry decided to establish 1000 Khelo India Centres, in order to strengthen the sports ecosystem in the country with effective sports training mechanism under which past "Champion Athletes"
would become Coaches and Mentors so that their expertise W.P.(C) No.38094/2022 : 11 : and experience would be properly utilised for nurturing of athletes at grassroot level and also to ensure a sustained source of income for them. As per the modified guidelines, for selection of past Champion Athletes, first preference has to be given to those who represented India at recognised International Competitions. The second preference would go to Medal Winners at Senior National Past Championships or Medal Winner at Khelo India Games. The Medal Winners at National AIU Past Championships would get the third preference.
15. In the present case, applications were invited for selection to State Level Khelo India Training Centres as per Ext.P7, including one in the District Sports Academy, Pirappancode, Thiruvananthapuram, for the sports Swimming. The petitioner who was an applicant claims that he was part of CISF Central Swimming Team based at New Delhi for 22 years, up to the year 2018. The petitioner won three individual Medals and one Team Medal in Relay for Central Police Team in the Senior National Championship in W.P.(C) No.38094/2022 : 12 : the years 1999, 2000 and 2002.
16. The petitioner secured third position in 200 metres butterfly stroke in the 54 th Senior National Aquatic Championship held at Mumbai. The petitioner secured third position in 200 metres Butterfly Stroke in 55 th Senior National Aquatic Championship held at Kolkata. The petitioner again achieved third position in 200 metres Butterfly Stroke in 55 th Senior National Aquatic Championship held at Thrissur. From the afore achievements, it is evident that the petitioner is entitled to the second preference as per Ext.P7 notification.
17. There was no candidate among those attended the interview who was entitled to first preference. The 2 nd respondent, who attended the interview and who was selected, had produced certificate of eligibility as the winner in the sport of Water Polo obtained in the 73 rd National Aquatic Championship, 2019 organised by the Swimming Federation of India. He had also produced Certificate of experience from an affiliated Swimming Club "Dolphin Club" W.P.(C) No.38094/2022 : 13 :
as a Trainer of the Day Boarding Scheme (Swimming) from 01.08.2017 to 31.03.2021.
18. The Interview Board found that the certificates produced by the petitioner before the Interview Board were of events which held about 20 years ago. The Interview Board had no material on record to conclude that the petitioner has been in active sports since the year 2002. According to the 1st respondent, the petitioner did not present any credentials to the interview panel to demonstrate that he has been active in Swimming after the year 2002.
19. The 2nd respondent, on the other hand, not only produced certificate in respect of winning Senior National Aquatic Championship in the year 2019 organised by the Swimming Federation of India, but also produced certificate of experience from an affiliated Swimming Club which showed that he was a Trainer of the "Day Boarding Scheme (Swimming)" till 31.03.2021. It in the said circumstances that the Interview Board selected the 2 nd respondent. I do not find any irregularity in selecting a Coach / Trainer who was in the W.P.(C) No.38094/2022 : 14 : field till the year 2021 as against a candidate whose proven performance (as per the Certificates produced before the Board of Interview) was of 20 years ago.
20. The petitioner would further argue that the selection was for appointment of Coach/Trainer in the discipline Swimming and the 2nd respondent had no experience in Swimming and his achievement was in the discipline Water Polo. According to the 1 st respondent, the sport of Water Polo is a combined form of all swimming styles. An expert Water Polo player must be acquainted with all forms of swimming styles like Freestyle, Backstroke, Breaststroke, etc. All swimming techniques are required for the player's body movements in Water Polo. Water Polo is considered one of the toughest Olympic Sports, by experts. As per the certificates issued by the Swimming Federation of India, Swimming, Water Polo and Diving come under a single category of water sport, namely "Aquatics".
21. I find considerable force in the said statement made by the 1st respondent. Moreover, the 2 nd respondent W.P.(C) No.38094/2022 : 15 : also had experience as a Trainer of the Day Boarding Scheme (Swimming) from 01.08.2017 to 31.03.2021.
In such circumstances, I do not find any illegality in the selection of the 2nd respondent. The writ petition is therefore without any merit. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE aks/07.02.2023 W.P.(C) No.38094/2022 : 16 : APPENDIX OF WP(C) 38094/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF CERTIFICATE ISSUED TO THE PETITIONER BY SWIMMING FEDERATION OF INDIA IN THE YEAR 1999 FOR SECURING THIRD POSITION IN 200 METERS BUTTERFLY STROKE IN 54TH SENIOR NATIONAL AQUATIC CHAMPIONSHIP HELD AT MUMBAI.
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY SWIMMING FEDERATION OF INDIA IN THE YEAR 2000 FOR SECURING THIRD POSITION IN 200 METERS BUTTERFLY STROKE IN 55TH SENIOR NATIONAL AQUATIC CHAMPIONSHIP HELD AT KOLKATA.
Exhibit P3 TRUE COPY OF CERTIFICATE ISSUED TO THE PETITIONER BY SWIMMING FEDERATION OF INDIA IN THE YEAR 2002 FOR SECURING THIRD POSITION IN 200 METERS BUTTERFLY STROKE IN 56TH SENIOR NATIONAL AQUATIC CHAMPIONSHIP HELD AT TRICHUR.
Exhibit P4 TRUE COPY OF CERTIFICATE ISSUED TO THE PETITIONER BY SWIMMING FEDERATION OF INDIA IN THE YEAR 2002 FOR SECURING THIRD POSITION IN 4X 100 METER MEDLEY RELAY IN 56TH SENIOR NATIONAL AQUATIC CHAMPIONSHIP HELD AT TRICHUR.
Exhibit P5 TRUE COPY OF LETTER DATED 29.06.2020 ISSUED BY BY THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY LETTER DATED 06.07.2022 OFFICE OF THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF NOTIFICATION DATED 25.10.2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF PROCEEDINGS DATED 14.11.2022 OF THE 1ST RESPONDENT.
W.P.(C) No.38094/2022 : 17 : Exhibit -P9 True copy of the certificate issued by the Chairman and Secretary of
Organizing Committee, 57th All India Police Aquatic Meet and Cross Country Race for the year 2008 for winning Third Position in 200 Meters Back Stroke Exhibit -P10 True Copy of the certificate issued by the Chairman and Secretary of Organizing Committee, 57th All India Police Aquatic Meet and Cross-Country Race for the year 2008 for winning Third Position in 100 Meters Back Stroke.
Exhibit -P11 True Copy of certificate issued by the Chairman and Secretary of Organizing Committee, 60th All India Police Aquatic Meet and Cross Country Race for the year 2011 for winning Third Position in 50 Meters Back Stroke.
Exhibit -P12 True copy of the certificate issued by
the Chairman and Secretary of
Organizing Committee, 60th All India Police Aquatic Meet and Cross Country Race for the year 2011 for winning Third Position in 200 Meters Back Stroke Exhibit -P13 True copy of certificate issued by the Chairman and Secretary of Organizing Committee, 61st All India Police Aquatic Meet and Cross Country Race for the year 2012 for winning Third Position in 4 x 100 Meters Medley Relay Exhibit -P14 True copy of certificate issued by the Chairman and Secretary of Organizing Committee, 62nd All India Police Aquatic Meet and Cross Country Race for the year 2013 for winning Third Position in 4 x 200 Meters Medley Relay.
W.P.(C) No.38094/2022: 18 : Exhibit -P15 True copy of certificate issued to the petitioner by CISF for winning 2nd position in 200 Meters Individual Medley in the All India CISF Inter Sector Swimming Competition 2014.
Exhibit -P16 True copy of certificate dated 22.12.2022 issued by the Physical Education Department of Naval Children School Cochin.
Exhibit -P17 True Copy of Level 1 certificate dated 07.07.2021 issued by the President and Chief Executive Officer of the AMERICAN SWIMMING COACHES ASSOCIATION to the petitioner.
Exhibit -P18 True Copy of Level 2 certificate dated 07.07.2021 issued by the President and Chief Executive Officer of the AMERICAN SWIMMING COACHES ASSOCIATION to the petitioner.
RESPONDENT'S EXHIBITS Exhibit R1(a) True copy of the certificate issued by the 2nd respondent on 31.10.2022 Exhibit R2(a) True copy of the experience certificate dated 31.10.2022 issued by the Secretary, Dolphin Club, Pirappancode issued to the 2nd respondent Exhibit R2(b) True copy of the certificate No.1882 issued by the Sports Authority of India, certifying that I had attended the 6 weeks certificate course in Swimming in the month of January -
March 2022 and passed the examination in Grade B W.P.(C) No.38094/2022 : 19 : Exhibit R2(c) True copy of the certificate of merit issued by the Kerala Aquatic Association certifying that I was a winner in the Men Section of the Water Polo event, in the 69th Senior Kerala State Aquatic championship 2022 conducted on 22 and 23 August 2022, at Dr.B.R.Ambedkar Aquatic Complex, Pirappancode Exhibit R2(d) True copy of the certificate evidencing that the 2nd respondent had won the Water Polo, the 3rd place in the 73rd senior National Aquatic Championship 2019 conducted from 31st August to 4th September 2019 issued by the Swimming Federation of India Exhibit R2(e) True copy of the certificate of merit, following the securing first place in the event Water Polo, Men section, at the 67 Kerala State Aquatic Championship for men and women 2019 conducted on 27 and 28 July 2019, at the Aquatic complex, Thrissur, by the 2nd respondent.
Exhibit R2(f) True copy of the certificate of merit issued by the Kerala Aquatic Association, for participating and winning in Water Polo, in the men Section of the 66th Kerala State Aquatic Championship conducted on 4th and 5th August 2018 at LNCPE, Kariavattom