Kerala High Court
Muhaenul Aswad vs Kerala Sports Council on 1 September, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WA NO. 1002 OF 2021
AGAINST THE JUDGMENT IN WP(C) 22142/2020 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANT/S:
1 MUHAENUL ASWAD,
AGED 20 YEARS
VAYALAKATH HOUSE, PALAKKAL, ADIVARAM P.O., KOZHIKODE
- 673 586.
2 EMIL JOSE
VELLARAMKUNNEL HOUSE, MYLELLAMPARA P.O., KOZHIKODE -
673 586.
3 AKMEER FAROOQUE
THIYYAKKANDY HOUSE, PUTHUPPADI P.O., ENGAPUZHA,
KOZHIKODE - 673 586.
4 AKHIL JAMES
PINAKKATTU HOUSE, PUTHUPPADI P.O., KOZHIKODE -
673 586.
5 LAKSHMI RAJ
MANIRATHIL HOUSE, KAYTHAPOYIL P.O., KOZHIKODE -
673 586.
6 DELFIYA SEBASTIAN
PUNNATHANTH HOUSE, PUTHUPPADI P.O., KOZHIKODE -
673 586.
7 ASLIN K.V.
VAZHACHALIL HOUSE, MUPPATHEKKARA, ADIVARAM P.O.,
KOZHIKODE - 673 586.
8 ARJUN SIVANAND
KURUPPANAL HOUSE, PUTHUPPADI P.O., KOZHIKODE - 673
586.
9 AMBREESH
VELLATHARA HOUSE, KUNJUKULAM, PUTHUPPADI P.O.,
KOZHIKODE - 673 586.
10 RENMITH M.KUMAR
JANAKI NIVAS, PUTHVANAM KUNI, THIRUVANGOOR P.O.,
KOZHIKODE - 673 586.
-2-
11 FASAL YOOSAF
KORANGAL HOUSE, ENGAPUZHA, PUTHUPPADI P.O., KOZHIKODE
- 673 586.
12 RAGIN MARIYA
KOORDATH HOUSE, KUPPAYAKODI P.O., KODANCHERRY (VIA),
KOZHIKODE - 673 586.
13 JOEL HEBISON COELHO
25/633B, BLOSSOM, ULLATHILPARAMBU, KUTTIYILTHAZHAM,
POOKUNNU P.O., KOZHIKODE - 673 586.
BY ADV D.SOMASUNDARAM
RESPONDENT/S:
1 KERALA SPORTS COUNCIL,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN
- 695 001.
2 DISTRICT SPORTS COUNCIL
KOZHIKODE, REPRESENTED BY ITS SECRETARY, PIN - 673
001.
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT (GENERAL
ADMINISTRATION SERVICE) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4 UNIVERSITY OF CALICUT
REPRESENTED BY THE REGISTRAR, KOZHIKODE - 673 001.
5 PRINCIPAL, GOVERNMENT ARTS AND SCIENCE COLLEGE
MEENCHANTHA, KOZHIKODE - 673 018.
6 PRINCIPAL, GOVERNMENT COLLEGE
KODENCHERI, KOZHIKODE - 673 580.
7 PRINCIPAL, GOVERNMENT ARTS AND SCIENCE COLLEGE
BALUSSERY, KOZHIKODE - 673 612.
8 PRINCIPAL, GOVERNMENT ARTS AND SCIENCE COLLEGE
KODUVALLY, KOZHIKODE - 673 572.
9 PRINCIPAL, SRBTM GOVERNMENT COLLEGE
KOYILANDI, KOZHIKODE - 673 305.
10 PRINCIPAL, KUNNAMANGALAM GOVERNMENT ARTS AND SCIENCE
COLLEGE
KOZHIKODE - 673 601.
OTHER PRESENT:
SMT. LATHA ANAND, SC FOR R1 AND R2,
SRI.K.P.HARISH, SR GP FOR R3 AND R5 TO R10,
SRI.P.C.SASIDHARAN, SC FOR R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1002 of 2021 -3-
JUDGMENT
S. Manikumar, C. J.
Before the writ court, in W. P. (C) No. 22142 of 2020, petitioner has sought for the following reliefs:-
"i) to issue a writ of mandamus or other appropriate writ direction or order to the respondents 5 to 10 to follow the Ext.P2 to P2 (e) rank lists provided by the 2 nd respondent to fill up the seats reserved for the sports persons in courses at graduation level for which the petitioners applied for in respective colleges.
ii) to issue writ of mandamus directing the respondents 5 to 10 to strictly follow the Ext.P4 Government order while by filling up the seats reserved for sports quota set a part by the said Government order in their colleges for BA. B.Sc. and B.Com Courses.
iii) to declare that the respondents 5 to 10 are bound to follow the Ext.P4 Government order while filling up the seats reserved for sports persons.
iv) to issue a writ of mandamus or other appropriate writ direction or order directing the respondents not to violate Ext.P4 Government order and ignore the rank lists supplied by the 2 nd respondent to fill up the seats reserved for sports persons at W. A. No. 1002 of 2021 -4- graduation levels in the respective colleges."
2. Short facts leading to the writ petition are as hereunder:-
According to the petitioners, they have very high achievements in sports at National level and State level competitions. Petitioners have passed Higher Secondary examination and become eligible to get admission at graduation level. Petitioners have applied for B.A., B.Sc and B.Com. in Government colleges, impleaded as respondents 5 to 10, as against sports persons quota reserved for sports persons.
Petitioners have contended that the Government have issued Ext. P4 order, reserving seats for sports in Governments colleges, and authorized Kerala Sports Council to prepare rank list of eligible candidates to fill up the sports quota. The District Sports Council, represented by its Secretary, the 2nd respondent, has prepared rank list of sports persons and furnished the same to respondents 5 to 10 colleges. But respondents 5 to 10 have not followed the rank list furnished by the Sports Council.
Petitioners have further contended that respondents 5 to 10, without following the rank list submitted by the Sports Council, have W. A. No. 1002 of 2021 -5- taken steps to fill up the seats by other means. It is also contended that seats reserved for sports persons by virtue of the Government order have to be filled up from the rank list furnished by the Sports Council.
3. Writ court, after considering the averments, prayers and the supporting documents, dismissed the writ petition as hereunder:-
"7. I have considered the contentions advanced. It is apparent that the admission to sports quota in affiliated colleges is a matter governed by circulars and instructions issued by the University. It is stated that the rules for admission have been prescribed by the University and respondents 5 to 10 are carrying out admissions on the basis of such instructions issued. The said instructions are not under challenge in the writ petition. The contention of the petitioners is simply that they have certificates from recognised associations and that they are included in the lists prepared by the Sports Council for admission to Government colleges in Kozhikode. Having considered the contentions advanced, I am of the opinion that since specific norms have been prescribed by the University and since respondents 5 to 10 are following the norms prescribed by the University for admission to sports quota seats in the Arts & Science colleges, the contention of the petitioners that they are eligible for admission on the basis of Ext.P2 series of list cannot be accepted. No challenge has also been raised to the norms framed or the guidelines issued by the University.W. A. No. 1002 of 2021 -6-
In the above view of the matter, I am of the opinion that the prayers sought for in the writ petition cannot be allowed. The writ petition fails and the same is, accordingly, dismissed."
4. Being aggrieved, instant writ appeal is filed on the following grounds:-
A. The learned Single Judge is carried away by the counter affidavit of the 4th respondent University and rendered the judgment. The whole case is dealt with in paragraph 7 of the judgment. B. It is submitted that the scope of the Government Order and its binding nature with regard to selection of sports personal is the main contention of the petitioners, have not even considered by the learned Single Judge.
C. It is submitted that the constitution and function of the Sports Council is dealt with in the Kerala Sports Act 2000, i.e. Act 2 of 2001, and the registration of Sports organization is dealt with in Section 31 of the said Act and in the Rule 55 of the Rules framed thereunder by which the Atya Patya Association is recognized by the Sports Council. That event is derecognized by the impugned judgment of the learned Single Judge for college admission. It is W. A. No. 1002 of 2021 -7- illegal.
D. The appellants achievements in that event is not even considered by the learned Single Judge. The University's power in academic matters is not germane for consideration in this case and that power is not in conflict with Sports Council's power in selecting sports personal on the basis of Ext.P4 Government Order and the Act and Rules.
5. The University of Calicut, represented by the Registrar, Kozhikode, the 4th respondent, has filed a detailed counter affidavit in the writ petition. Relevant paragraphs of the counter affidavit are extracted hereunder:-
"4. It is submitted that all the petitioners are having certificates in the sport Atya Patya which is not included in the approved list of sports events of AIU as per the sports calendar published for conduct the of All India Inter University Competitions 2019-20 and is also not included in the approved list of games of Calicut University Inter collegiate Tournaments. Thus selection of the above students who have representation in a sport item which is not included in the schedule of approved sporting events as per the sports calendar of Association of Indian Universities or in the list of sporting disciplines approved W. A. No. 1002 of 2021 -8- for Calicut University Inter collegiate events will not be beneficial either for the college or for the University. Further it will deny opportunity of other sports students who have performance to their credit in the approved sporting disciplines which are included in the schedule for conduct of Inter University and Inter collegiate sports for 2019-20.
6. The University is autonomous body and is governed as per the Acts and Statutes of each Universities. Admissions to all the affiliated colleges under the Universities is carried out in accordance with the Admission procedures approved by Academic Council, Senate and Syndicate of the University. The eligibility criteria for sports quota admissions as prescribed in Admission rules.
7. Further it is submitted that the University is considering only the events approved by AIU as in the AIU sports calendar Ext. R2 and those events for which University is conducting Inter Collegiate championships/Selection trials to the approved events and conducts coaching camps for the participants of All India Inter University championships.
8. It is submitted that the Admissions for Sports Quota for general education dept. is done by Sports Council from the rank lists of the respective districts. But in case of University, all the colleges (Govt., Aided, Self Financing) are following University rules and regulations for admission to merit and reserved seats(Sports Quota/SC/ST/OBC/Foreign Students/PH etc.) W. A. No. 1002 of 2021 -9-
9. Calicut University have prescribed norms for the admission for seats reserved in sports quota for UG courses as per the standing U.O. No. GAI/A2/2454/98 dated 01.07.2003, Additional norms were incorporated to the above as per U.O. No.GAI/A2/2454/98 dated 29.06.2004 U.O. No.3077/2013/CU dated 31.07.2013, U.O. No. 6575/2013/CU dated 11.12.2013, U.O. No. 13627/2016/Admn dated 21.11.2016.
1. Representing the country in International competitions.
2. Winning I/II/III in senior national championships.
3. Representing senior state in National championships.
4. Representing senior state in South zone championships.
5. Winning the I/II/III in Junior Youth National championships.
6. Winning I/II/III in All India School games.
7. Representing the State in Junior/Youth National championships.
8. Representing the state in Junior/ Youth zonal championships.
9. Representing ICC/CBSE/Central School / Navodaya Vidyalaya winning first/second/third in National Championships.
10. Winning the I/II/III place in Senior Inter District championships.
11. Representing the senior district and participating in state championship.
12. Winning the I/II/III place in State Junior/Youth championships.
W. A. No. 1002 of 2021 -10-13. Representing the Polytechnic /VHSC/ITI/HSE and winning I/II/III place state championship.
14. Representing Educational district and winning I/II/III place in championship.
15. Representing ICSE/CBSE/Central school / Navodaya Vidyalaya winning first/second/third place in zonal/cluster tournaments.
16. Representing state in ICSE/CBSE/Navodaya Vidyalaya and participating in National championship.
17. Representing state in Rural national/ Women festival.
18. Representing Educational district and participating in the State Championship.
12. It is submitted that those petitioners who had filed writ to consider the sports Atya Patya had in the previous year also approached the Hon'ble court and the petition was dismissed.
16. It is submitted that the list of sports events approved by district sports council which recognizes Atya Patya as eligible for admission to plus one under sports quota is different from that for admission to Calicut University under sports quota and therefore Exhibit P8 is neither relevant nor binding with regard to the admission for UG courses in the University."
6. Based on the above, Mr. P. C. Sasidharan, learned standing counsel for the University, submitted that the University have W. A. No. 1002 of 2021 -11- prescribed norms for the admission for seats reserved in sports quota for UG courses and admissions to all the affiliated colleges under the University, and the same is carried out in accordance with the admission procedures approved by Academic Council, Senate and Syndicate of the University.
7. Learned counsel for the University further submitted that the University is considering only the events approved by AIU, as in the AIU sports calendar, and the sport Atya Patya is not included in the list of sports events approved by the AIU.
8. Mr. D. Somasundaram, learned counsel for the appellants, advanced arguments relying on the Government Order G.O. (Ms) 258/78/GAD dated 06.06.1978.
9. Going through the material on record, it is clear that the University has adopted a procedure, Syndicate has approved the same, and from 2003 onwards, they are following the said procedure. If the appellants are of the opinion that the norms adopted by the University are erroneous and not in conformity with the Government Order, the appellants should have challenged the same. No such challenge has W. A. No. 1002 of 2021 -12- been made against the norms framed or the guidelines issued by the University.
In the light of the above discussion, we are not inclined to interfere with the judgment of the learned Single Judge.
Accordingly, writ appeal is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUEGE