WP(C) No.24319/2022 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
WP(C) NO. 24319 OF 2022(L)
PETITIONER:
JUBIN JIMMY, AGED 16 YEARS S/O. JIMMY JOSEPH, REP. BY HIS FATHER AND
NATURAL GUARDIAN, JIMMY JOSEPH, AGED 48, S/O. P.C.JOSEPH, TWINS
VILLA, 117 SREEBHADRA NAGAR, ULIYAKOVIL P.O., KOLLAM-691 019.
RESPONDENTS:
1. KERALA STATE SPORTS COUNCIL O/O. THE KERALA STATE SPORTS COUNCIL,
STATUE JUNCTION, THIRUVANANTHAPURAM - 695 001, REP. BY ITS
SECRETARY.
2. THE DISTRICT SPORTS COUNCIL, KOLLAM, O/O. DISTRICT SPORTS COUNCIL,
LAL BAHADUR STADIUM, KOLLAM - 691 001. REP. BY ITS SECRETARY.
3. THE ALL INDIA CHESS FEDERATION, REG.NO.125/1958, AFFILIATE OF FIDE &
RECOGNIZED BY THE GOVT. OF INDIA) HALL NO.70, JAWAHARLAL NEHRU
STADIUM, CHENNAI - 600 003, REP. BY ITS GENERAL SECRETARY BHARAT
SINGH CHAUHAN.
4. THE CHESS ASSOCIATION KERALA, REGD. SOCIETY, REGISTERED UNDER THE
TRAVANCORE COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES
REGISTRATION ACT, ARAYATTUPARAMBIL BUILDING, BEHIND ANDHRA BANK,
KANJIKUZHI, KOTTAYAM - 686 004, REP. BY ITS GENERAL SECRETARY
VISWANATHAN V.N., AGED 60, S/O. LATE NARAYANAN,VADASSERY
HOUSE,KANICHAR P.O., KANNUR DISTRICT-670 674
5. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, O/O/ DIRECTOR OF HIGHER
SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (a) allow the petitioner's father Shri Jimmy Joseph to
represent the petitioner, as next friend and guardian in this Writ
Petition(civil) being his father and natural guardian in the above
proceedings and (b) issue an order directing respondents 1,2 and 5 to
accept and consider Ext.P3 applications dated 20-07-2022 submitted by the
petitioner for admission, in the sports Quota itself, under the Kerala
Plus One single Window admission 2022, on the basis of Ext.P6 Bio data and
the Certificates produced by the petitioner, without reference to the
alleged suspension of the Chess Association Kerala, which was under orders
of stay of the Supreme Court during the entire relevant period, pending
disposal of the above Writ Petition(Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.DINESH R.SHENOY, EBIN MATHEW, P.ROHIT PREMANANDAN SHENOY, A.JOSEPH
GEORGE & SILESH S. PRABHU, Advocates for the petitioner, SMT. LATHA ANAND,
WP(C) No.24319/2022 2/8
Advocate for respondent 1 & 2 and of GOVERNMENT PLEADER for respondent 5,
the court passed the following:
P.T.O.
WP(C) No.24319/2022 3/8
RAJA VIJAYARAGHAVAN V, J.
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W.P. (C) No. 24319 of 2022
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Dated this the 27th day of July, 2022
ORDER
The learned Government Pleader takes notice for the 5th respondent. Smt. Latha Anand takes notice for respondents 1 and 2. Issue urgent notice by speed post to respondents 3 and 4.
2. Sri. Dinesh R. Shenoy, the learned counsel points out that the petitioner is an International Master with an International Chess Federation (FIDE) rating of 2259. He would refer to Ext.P6, and it is argued that the petitioner, who is just 16 years of age, has participated in 8 International Chess Tournaments, 10 National Championships and 10 State Championships. According to the learned counsel, the application filed by the petitioner for selection to the Sports Quota for the Kerala Plus One Single Window Admission 2022 is not being considered on the sole ground that the Chess Association Kerala - the 4th respondent - was suspended by the Kerala State Sports Council with effect from 31.10.2017.
3. The learned counsel urges that the tournaments in which the petitioner had participated were organized by recognized National and International bodies, which include the FIDE and AICF, and the 4th WP(C) No.24319/2022 4/8 W.P. (C) No.24319 of 2022 2 respondent had nothing to do with the conduct of tournaments. It is pointed out by the learned counsel that other than the 4th respondent, no other body conducts District/State Level competitions.
4. The learned counsel further submits that the non-consideration of the request by the 2nd respondent on the ground that the 4th respondent has been suspended by the 1st respondent cannot be sustained. According to the learned counsel, the order of suspension issued by the Sports Council was set aside by a Single Judge of this Court by Ext.P9 judgment, which was, however, overturned by the Division Bench by Ext.P10 judgment. The judgment of the Division Bench was later stayed by the Apex Court, as is evident from Ext.P11, and the matter was disposed of by Ext.P12 order only on 25.10.2021.
5. The learned counsel submits that the All India Chess Federation has issued Ext.P8 certificate, certifying the participation of the petitioner in the National Open Chess Championship 2021 and the World Cadets and Youths Rapid Chess Tournament organized by the FIDE in the month of August 2021. Denying the consideration of the application submitted by the petitioner for Sports Quota admission would result in travesty of justice, contends the learned counsel.
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W.P. (C) No.24319 of 2022
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6. The learned Government Pleader has made available a copy of the prospectus for Single Window Admission for Plus One Course for the academic year 2022-23. Referring to Clause 24 of the prospectus, it is submitted by the learned Government Pleader that as per the terms of the prospectus, pupils who are proficient in sports are required to submit their application through the District Sports Councils online and register the same. Thereafter, the District Sports Council officers are required to ascertain the genuineness of the certificates submitted online by verifying them and generate score cards for each individual student and forward the same. It is only thereafter that applications filed by students who gain qualification for admission to the Plus One course in the sports quota would be entertained. It is submitted by the learned Government Pleader that unless the score card generated by the District Sports Council is forwarded online through the portal, it would not be possible for the 5th respondent and his officers to process the application for admission. The learned Government Pleader would also submit that the last date for submission of online application was 26.07.2022 and that the allotment of seats would commence on 03.08.2022.
7. Sri. Latha Anand, the learned Standing Counsel appearing for the Sports Council, submitted that except for Ext.P8 no further details were WP(C) No.24319/2022 6/8 W.P. (C) No.24319 of 2022 4 submitted by the petitioner before the 2nd respondent. According to the learned Standing Counsel, the petitioner has partaken only in open and online competitions. Finally, it is submitted that the suspension of the Chess Association is yet another reason why the score card was not generated by respondents 1 and 2.
8. Having gone through the documents made available before this Court, prima facie, it appears to me that the petitioner herein is a highly ranked chess player, who has shown his prodigious talent and merit by participating in National and International Championships as well. On going through the website of the 3rd respondent, it appears that only players who finish in the top 10 ranks in the respective online age group championships as well as players holding GM/IM/WGM/WIM Titles, can even aspire to apply for participation in FIDE Online Cadets and Youth Rapid World Cup Championships. The petitioner has placed on record certificates of participation for his participation in the 2020 World Online Cadet and Youth Chess Championships and also in the Championship for the year 2022. In that view of the matter, the mere fact that the 4th respondent was under suspension shall not be reckoned as a reason for non-consideration of the request made by the petitioner for issuance of score cards by the 2nd WP(C) No.24319/2022 7/8 W.P. (C) No.24319 of 2022 5 respondent.
9. As an interim measure, there will be a direction to the petitioner herein to place before the 2nd respondent all relevant documents, original certificates etc. showing the entitlement of the petitioner herein to secure admission in the Sports Quota not later than 11 pm on 29.07.2022. On receipt of the documents submitted by the petitioner, the 2nd respondent shall process the same and issue appropriate score cards. While processing the application, respondents 1 and 2 shall not reckon the fact of suspension of the 4th respondent. The score cards generated by respondents 1 and 2, as the case may be, shall be forwarded to the 5th respondent, at any rate, before 01.08.2022. On receipt of the score cards, the 5th respondent shall consider the application in the light of the score card and take a decision on its merits.
H/o.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
PS/27/7/2022
27-07-2022 /True Copy/ Assistant Registrar
WP(C) No.24319/2022 8/8
APPENDIX OF WP(C) 24319/2022
Exhibit P3 TRUE PHOTOCOPY OF APPLICATION DATED 20-07-2022
INCLUDING APPLICATION IN THE SPORTS QUOTA SUBMITTED ONLINE BY THE PETITIONER.
Exhibit P6 TRUE PHOTOCOPY OF BIO-DATA SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT SPORTS COUNCIL KOLLAM TOGETHER WITH SOME OF THE CERTIFICATES AND REPORTS Exhibit P8 TRUE PHOTOCOPY OF CERTIFICATE DATED 19/7/2022 ISSUED BY ALL INDIA CHESS FEDERATION.
Exhibit P9 TRUE PHOTOCOPY OF JUDGMENT DATED 16/11/2017 IN WP(C)NO.36083/2017, HIGH COURT OF KERALA.
Exhibit P10 TRUE PHOTOCOPY OF JUDGMENT DATED 17/1/2018 IN WA.NO.11/2018, HIGH COURT OF KERALA.
Exhibit P11 TRUE PHOTOCOPY OF INTERIM ORDER DATED 13/4/2018 IN SLP (CIVIL)NO. 8663/2018, SUPREME COURT OF INDIA.
Exhibit P12 TRUE PHOTOCOPY OF ORDER DATED 25/10/2021 IN SLP(CIVIL)NO.8663/2018, SUPREME COURT OF INDIA.