Madras High Court
P.Chitra vs The Secretary General on 5 December, 2019
Equivalent citations: AIRONLINE 2019 MAD 1391
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 33572 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 33572 of 2019
and WMP.No.34031 of 2019
1.P.Chitra
2.E.Poovitha
3.V.Shyamaladevi
4.K.Selvamani
5.Y.Mohanapriyan
6.G.Vinayagamoorthy ... Petitioners
Vs.
1. The Secretary General
Association of Indian Universities, AIU House,
16 Kotla Marg,
New Delhi - 110 002.
2.The Registrar,
Annamalai University,
Annamalai Nagar,
Chidambaram - 608 002.
Cuddalore District.
3.The Professor and Director,
Department of Physical Education,
Annamalai Nagar,
Chidambaram - 608 002.
Cuddalore District. ... Respondents
Petition filed under Article 226 of the Constitution of India, for
issue of Writ of Certiorarified Mandamus to call for the records relating
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W.P. No. 33572 of 2019
to the 3rd respondent communication in its letter dated 04.11.2019
and quash the same and direct the third respondent to permit the
petitioners to participate in the south zone and All India Inter
university Tournaments for the academic year 2019-2010 and pass
such further or other orders.
For Petitioners : Mr.R.Sagadevan
For Respondents : Mr.G.Karthikeyan, ASG for R1.
Mr.K.Sathish Kumar,
standing counsel for R2 and R3.
ORDER
Mr.G.Karthikeyan, Additional Solicitor General takes notice for the first respondent and Mr.K.Sathish Kumar, Standing Counsel takes notice for the second and third respondents. Having regard to the fact that the tournament is scheduled to be taken place from 06.12.2019 onwards, and orders have been passed by this Court for the similarly placed persons, this writ petition is taken up for final disposal at the admission stage itself.
2. Heard the learned counsel for the parties and perused the pleadings and materials placed on record. 2/8 http://www.judis.nic.in W.P. No. 33572 of 2019
3. The Petitioners in this Writ Petition are students in Annamalai University pursuing second year M.P.Ed course in the department of physical education. The details of the respective petitioners are furnished in the following self-explanatory tabular statement :-
Sl. Name of the Game Organisation where No petitioner tournament is held 1 E.Poovitha Volley Ball (W) SRM University,SRM d/o. G.Elangovan (Dec 6-10-2019) Nagar Kattankulathur Kancheepuran (DT) Tamil Nadu 2 P.Chitra Volley Ball (W) SRM University, SRM d/o. A.Pavadai (Dec 6-10-2019) Nagar Kattankulathur Kancheepuran (DT), T.N. 3 K.Selvamani Basketball (M) Hindustan Inst of s/o. A.Kaspar Technology and science, 1, Rajiv Gandhi Salao, OMR Road, Padur, Kelambakkam, Chenna, T.N. 4 G.Vinayagamoorthy Kho-KHO (M) Kuvempu University s/o.S.Govindasamy Jnansahydri, Shankaraghtta Rd,Leading to Kuvempu University, Shmoga, Karnataka 5 V.Shyamala Devi Basketball (w) University of MAdras, d/o.V.Vasantha- Navalai Nagar, CHepauk, kumar Triplicane, Chennai, T.N. 6 Y.Mohana Priyan Handball (M) Bangalore North d/o. S.Yuvaraj University, Sri Devaraj Urs Etension, Tamaka, Karnataka.3/8
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4. When the petitioners sought for permission to participate in the South Zone and All India University Tournament for the academic year 2019-2020, though the University found that the petitioners satisfied the eligibility criteria in the relevant rules prescribed by the Association of Indian Universities which restricts to the candidates, who have not crossed the age of 25years and have not exceeding 8 years from the date of qualifying in the first admission to the University, they were refused permission on the ground they have crossed three years after passing the graduate course or equivalent while pursuing post graduate course. The communication dated 04.11.2019 refusing to grant permission for this reason is challenged by the Petitioners in this writ petition and they have sought for consequential direction to direct the third respondent to permit the petitioners to participate in the South Zone and All India Inter University Tournaments for the academic year 2019-2020.
5. In support of the aforesaid relief claimed, the learned counsel appearing for the petitioners relies upon the order passed by the Kerala High Court in W.P.(C)No.27892 of 2018 dated 01.10.2018 in the case of Glady Devassy Vs. The Secretary General, Association of Indian Universities, AIU House, New Delhi, 4/8 http://www.judis.nic.in W.P. No. 33572 of 2019 wherein the same provisions of the rules of the Association of the Indian Universities, has been discussed as follows :-
"2. It is admitted at the Bar that the upper age for participation is 25. Since five years lapsed after passing Plus Two Examination, the petitioners were not permitted to participate in South Zone Level Competition by the University. The petitioners are national level players.
3.On a reading of the provisions as above, it can be seen that there are two limb. The first limb refers to 8 years reckoning from qualifying examination. The second limb of 5 years is not with reference to qualifying examination, but with reference to the period during which a candidate pursuing graduate studies. Therefore, I am of the prima facie view that the second limb would come to the aid of the petitioners and the 2nd limb cannot be interpreted to reckon from the date of qualifying examination. Therefore, the petitioners are provisionally permitted to take part in South Zone Level Competition."5/8
http://www.judis.nic.in W.P. No. 33572 of 2019 The aforesaid interpretation made by the Kerla High Court has been concurred by this Court in the order dated 24.10.2019 made in WP.No.30408 of 2019 and the third respondent was directed to grant permission to the petitioners to participate in the South Zone and All India Inter University Tournament for the academic year 2019-2020, if they are otherwise eligible to participate. Further, the learned counsel appearing for the second and third respondents, on instruction, states that the University does not have any objections for the petitioners to participate in the aforesaid tournament.
6. Since the petitioners in this writ petition are also similarly placed persons to those in the order dated 24.10.2019 made in WP.No.30408 of 2019, the petitioners herein would also be entitled to the same benefit, if they are otherwise eligible to participate and if no other players of the game in the respective category have been selected by the University in their places.
7. Accordingly, the Writ Petition is disposed on the aforesaid terms. Consequently, connected miscellaneous petition is closed. No costs.
05.12.2019 Internet : Yes /No tsh Note: Issue order copy by 05.12.2019 6/8 http://www.judis.nic.in W.P. No. 33572 of 2019 To
1. The Secretary General Association of Indian Universities, AIU House, 16 Kotla Marg, New Delhi - 110 002.
2.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.
Cuddalore District.
3.The Professor and Director, Department of Physical Education, Annamalai Nagar, Chidambaram - 608 002.
Cuddalore District.
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tsh W.P. No. 33572 of 2019 Dated : 05.12.2019.
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