Anandhu K. S. vs The Secretary
2021 Latest Caselaw 3459 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                      WP(C).No.17827 OF 2020(C)

PETITIONERS:

      1        ANANDHU K. S., AGED 18 YEARS, S/O. SAJIMON K. S.,
               KUZHUVELIL HOUSE, KAINAKARY EAST P. O., ALAPPUZHA -
               688 501

      2        ABHISHEK M. S., AGED 16 YEARS, (MINOR), REPRESENTED
               BY HIS FATHER SURENDRAN M. D., MITHRAMADAM VEEDU,
               VENATTUKADU P. O., ALAPPUZHA - 688 504.

      3        JISHNU L. S., AGED 17 YEARS, (MINOR), REPRESENTED BY
               HIS FATHER LALJI S., STHUTHIKKAD, KUTTAMANGALAM,
               KAINAKARY P. O., ALAPPUZHA - 688 501.

      4        AKASH M, AGED 18 YEARS, S/O. MUTHUMANI, MURUKALAYAM
               HOUSE, KAINAKARY P. O., ALAPPUZHA - 688 501.

      5        ADARSH JAYAPRAKASH, AGED 16 YEARS, (MINOR),
               REPRESENTED BY HIS MOTHER SIBINI JAYAPRAKASH,
               ANPATHILCHIRA, ATTUVATHALA, MONCOMBU,
               THEKKEKKARA P. O., ALAPPUZHA - 688 503.

      6        NITHIN NAGESH, AGED 18 YEARS, S/O. NAGESH P. T.,
               PUTHENTHARA HOUSE, CHENNAMKARY P. O., KAINAKARY
               SOUTH, ALAPPUZHA - 688 501.

      7        UNNIKKUTTAN S., AGED 16 YEARS, (MINOR), REPRESENTED
               BY HIS FATHER SANALKUMAR S., THONNOORUMCHIRA,
               KUTTAMANGALAM, KAINAKARY P. O., ALAPPUZHA - 688 501.

      8        MITHUN M., AGED 18 YEARS, S/O. MANOJ K. P.,
               PUTHANCHIRA, CHATHURTHYAKARY P. O.,
               ALAPPUZHA - 688 502.

      9        KRISHNADAS S., AGED 16 YEARS, (MINOR), REPRESENTED BY
               HIS FATHER SHIJIMON D., PATHILCHIRA, KAINAKARY P. O.,
               ALAPPUZHA - 688 501.

      10       VISHNU LEJI, AGED 18 YEARS, S/O. LEJI K., PUTHUVALIL
               KUTTAMANGALAM, KAINAKARY P. O., ALAPPUZHA - 688 501.

      11       PRANAV P., AGED 18 YEARS, S/O. PRATHIEEV,
               KOLLAMPARAMBU, PONGA P. O., ALAPPUZHA - 688 503.
 WPC 17827/20
                                    2


       12      BIBIN BIJU, AGED 18 YEARS, S/O. BIJU THOMAS,
               POTHUVACHIRA, PONGA P. O., MANCOMBU, THEKKEKARA,
               ALAPPUZHA - 688 503.

       13      VIPIN V., AGED 18 YEARS, S/O VASUDEVAN R.R.,
               VISAL BHAVANAM, KAINAKARY EAST PO, KAINAKARRY EAST,
               ALAPPUZHA - 688 501.


       14      GOWRIKRISHNA, AGED 16 YEARS, (MINOR), REPRESENTED
               BY HIS MOTHER SUNANDA V. O., VALIYAPARAMBIL HOUSE,
               N. T. WARD, ALAPPUZHA - 688 006.

       15      SANDRA R., AGED 16 YEARS, (MINOR), REPRESENTED BY
               HIS FATHER SABU S., PUTHENKALLATTU, KAYIPPURAM,
               MUHAMMA P. O., ALAPPUZHA - 688 525.

       16      AMBADY K. J., AGED 16 YEARS, (MINOR), REPRESENTED
               BY HIS FATHER JIJIMON T. K., THOTTUVATHALA P. O.,
               KAINAKARRY SOUTH, ALAPPUZHA - 688 501.

       17      NIKHITHA S., AGED 18 YEARS, D/O. SHAJI P.,
               PATHILCHIRA, THOTTUVATHALA P. O., KAINAKARY SOUTH,
               ALAPPUZHA - 688 501.

               BY ADV. FAIZAL.M.I

RESPONDENTS:

       1       THE SECRETARY, KERALA STATE SPORTS COUNCIL,
               YMCA ROAD, STATUE JUNCTION, PALAYAM,
               THIRUVANANTHAPURAM - 695 001.

       2       THE SECRETARY, KERALA KAYAKING AND CANOEING
               ASSOCIATION, KOLUTHADI HOUSE, THATHAMPALLY P. O.,
               ALAPPUZHA - 688 013.

       3       THE SECRETARY, KERALA OLYMPIC ASSOCIATION, M. P.
               APPAN ROAD, DPI, THYCAUD, THIRUVANANTHAPURAM - 695
               034.

       4       THE DIRECTOR, DIRECTORATE OF SPORTS AND YOUTH
               AFFAIRS, VALLAYMBALAM, THIRUVANANTHAPURAM - 695
 WPC 17827/20
                                 3

               001.

       5       THE SECRETARY, DIRECTORATE OF HIGHER SECONDARY
               EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
               THIRUVANANTHAPURAM - 695 001


       *6      CANOEING AND KAYAKING ASSOCIATION OF KERALA,
               NILAMEL NEYATTINKARA P.O, THIRUVANANTHAPURAM-695
               121, REPRESENTED BY ITS SECRETARY
               (IS IMPLEADED AS PER ORDER DATED 05-11-2020 IN IA
               2/2020 IN WP(C) 17827/20)

               BY ADVS.
               SMT.LATHA ANAND
               SRI.ABDUL JALEEL.A
               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17827/20
                                          4


                                   JUDGMENT

Petitioners are stated to be the students

who had participated in various Canoeing and

Kayaking events in the year 2019-2020 and they

have produced on record Ext.P3 series of

certificates to substantiate this. According

to them, since these events were conducted by

the Association affiliated to the Kerala

Sports Council, as also to the Indian Kayaking

and Canoeing Association, they are eligible to

be admitted to the 'Sports Quota' and for the

grace marks, as are prescribed by the

applicable Rules and Regulations.

2. The petitioners say that, in spite of

this, they have been denied these benefits and

therefore, that they have preferred Exts.P7

and P8 representations before respondents 1

and 4 respectively; and pray that said

respondents be directed to act upon the same WPC 17827/20

and make available to them all benefits as are

legally permissible.

3. In response to the afore submissions

made on behalf of the petitioners by their

learned counsel - Sri.Faizal M.I., the learned

Standing Counsel for the Kerala Sports Council

- Smt.Latha Anand, submitted that a statement

has been filed on record, wherein, it has been

stated that at the time, to which Ext.P3

certificates relate, the 2nd respondent 'Kerala

Kayaking and Canoeing Association' was not

affiliated to the Kerala Sports Council and

that the affiliated Association was the

additional 6th respondent - 'Canoeing and

Kayaking Association of Kerala'. She submitted

that, therefore, Ext.P3 series certificates

cannot be reckoned, particularly when the

Kerala Sports Council can recognise only one

Association at a time. She, therefore, prayed WPC 17827/20

that this Writ Petition be dismissed.

4. Consequent to the aforementioned

statement filed by the Kerala Sports Council,

the petitioners filed an interim application,

producing on record Ext.P9, which is the

communication issued by the Kerala Sports

Council, dated 03.12.2020, stating that the 2nd

respondent has been affiliated with effect

from 03.11.2020.

5. I, therefore, asked Smt.Latha Anand as

to the impact of Ext.P9 and she submitted that

it is true that the 2nd respondent has been

granted affiliation with effect from

03.11.2020, while the Association affiliated

before that was the 6th respondent. She

submitted that, therefore, Exts.P3, P3(a) and

P3(d) certificates can be reckoned and that

the respective petitioners can be granted the

benefits. She, however, stated that as far as WPC 17827/20

Exts.P3(b) and P3(c) are concerned, since the

events mentioned therein were conducted by the

2nd respondent at a time when there was no

affiliation available to it, same cannot be

taken into account.

6. The learned Standing Counsel for the

2nd respondent-Association - Sri.Abdul Jaleel

A., submitted that the afore stand adopted by

the Kerala Sports Council is not tenable,

since his client was affiliated to the 'Indian

Canoeing and Kayaking Association' as also to

the 'Kerala Olympic Association' and that

their application for affiliation had been

kept pending without any orders by the Kerala

Sports Council for a long period of time. He

submitted that it is after much persistence

that the Kerala Sports Council has now

recognised his client as an Association with

effect from 03.11.2020; and that at the time WPC 17827/20

when the petitioners participated in the

events mentioned in Ext.P3 series, the 6th

respondent had conducted no such and that the

petitioners are, therefore, entitled to all

the benefits eligible to them under the extant

Regulations. He, therefore, prayed that this

Writ Petition be allowed.

7. I have considered the afore

submissions and have also examined the various

pleadings and materials available on record.

8. It is indubitable even from the

submissions made on behalf of the 1st

respondent that the 2nd respondent-Association

has been granted affiliation from 03.11.2020.

It may be true that until then the Kerala

Sports Council had recognised the 6th

respondent as a registered association, but

the fact remains that the 2nd respondent is

stated to have been affiliated to the Parent WPC 17827/20

Association, namely the 'Indian Kayaking and

Canoeing Association' and also to the 'Kerala

Olympic Association'.

9. That said, the credentials of the 6th

respondent are not available on record, but it

is more or less limpid that during the entire

period they were not affiliated to either the

Parent National Association or to the 'Kerala

Olympic Association' and I am, therefore, of

the view that merely because the Kerala Sports

Council took time to grant them affiliation

and though it was granted only through Ext.P9

with effect from 03.11.2020, the petitioners -

who have obtained Ext.P3(b) and P3(c)

certificates cannot be put to detriment,

especially because it is virtually conceded

that during the relevant time no other

Association had conducted comparable events

nor has any student sought benefits based on WPC 17827/20

such events conducted by the 6th respondent.

10. That apart, as I have already said

above, the 2nd respondent has now obtained

recognition from the 1st respondent- Kerala

Sports Council with effect from 03.11.2020 and

they were affiliated to the 'Indian Kayaking

and Canoeing Association' as well as the

'Kerala Olympic Association' all through. I

am, therefore, of the firm view that even

though they were not formally recognised by

the Kerala Sports Council at the relevant

time, the petitioners, who have produced

Exts.P3(b) and P3(c), cannot be placed in

detriment for no fault of theirs.

In the afore circumstances, I allow this

Writ Petition and direct respondents 1 and 4

to ensure that the petitioners are granted all

eligible benefits as are available to them for

admissions in the Sports Quota and to the WPC 17827/20

grace marks, on the strength of Exts.P3,

P3(a),P3(b),P3(c) and P3(d) series; and to

afford them such, as expeditiously as is

possible, but not later than two months from

the date of receipt of a copy of this

judgment.

Sd/-

                                          DEVAN RAMACHANDRAN
       RR                                             JUDGE
 WPC 17827/20



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

EXHIBIT P1 & P1(a)TRUE COPIES OF THE MEMOS ISSUED BY RESPONDENT NO.1 TO PETITIONERS NOS. 1 AND 3.

EXHIBIT P2 A TRUE COPY OF THE CIRCULAR BEARING NO.EX.VIII/HSE/GM/M 2011 DATED 28.01.2011 ISSUED BY 5TH RESPONDENT.

EXHIBIT P3, P3(a), COPIES OF THE CERTIFICATES OF MERIT P3(b), P3(c), AWARDED TO THREE PETITIONERS. P3(d)

EXHIBIT P4 A TRUE COPY OF COMMUNICATION DATED 02.12.2019 SENT BY 2ND RESPONDENT TO 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RESULTS OBTAINED BY THE SOME OF THE PETITIONERS IN THE STATE CHAMPIONSHIP.

EXHIBIT P6 TRUE COPY OF THE GRACE MARKS REJECTION LIST OBTAINED BY THE 2ND PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 27.06.2020 SUBMITTED TO HON'BLE SPORTS MINISTER.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 12.08.2020 SENT TO THE 1ST RESPONDENT AND THE POSTAL RECEIPT DATED 15.08.2020.

EXHIBIT P9 TRUE COPY OF THE OFFICE PROCEEDINGS OF 1ST RESPONDENT DATED 03/12/2020. WPC 17827/20

RESPONDENT'S/S EXHIBITS:

       ANNEXURE R1       NIL
       ANNEXURE R1 A     TRUE COPY OF CIRCULAR NO. KSSC/E1/19
                         DATED 15.05.2019.
       EXHIBIT R2        NIL
       EXHIBIT R2A     TRUE COPY OF THE LETTER OF SUSPENSION OF

CANOEING AND KAYAKING ASSOCIATION OF KERALA DATED 10.03.2013.

EXHIBIT R2B TRUE COPY OF LIST OF SELECTED PLAYERS AND OFFICIAL FOR THE KAYAKING AND CANOEING NATIONAL CHAMPIONSHIP HELD AT BHOPAL ON 27TH DECEMBER 2019.

EXHIBIT R2C TRUE COPY OF INTIMATION DATED 02.12.2019 SENT TO 1ST RESPONDENT REGARDING THE EVENTS CONDUCTED BY 2ND RESPONDENT ON 8.12.2019 AT SAI PUNNAMANDA CENTRE. EXHIBIT R2E TRUE COPY OF THE REVISED LETTER DATED 21.11.2019 ISSUED TO 1ST RESPONDENT. EXHIBIT R2F TRUE COPY OF LETTER DATED 9.11.2019 ISSUED BY PARENT BODY OF 2ND RESPONDENT TO 1ST RESPONDENT.

EXHIBIT R2G TRUE COPY OF THE RESULT DATED 24.11.2019 DECLARED BY THE RETURNING OFFICER. EXHIBIT R2H TRUE COPY OF INTIMATION DATED 05.12.2019, SENT BY 2ND RESPONDENT TO 1ST RESPONDENT.