Abhinandha S.Nair (Minor) vs The State Of Kerala
2021 Latest Caselaw 2718 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.22732 OF 2020(N)

PETITIONERS:

      1        ABHINANDHA S.NAIR (MINOR), AGED 16 YEARS,
               D/O.SATHEESH KUMAR U.P., REP. BY HER FATHER
               SRI. SATHEESH KUMAR U.P., AGED 53 YEARS,
               S/O.GANGADHARAN NAIR, UNIKOCHANPARAMBATH (H),
               KONOTT P.O., KUNNAMANGALAM (VIA),
               KOZHIKODE DISTRICT-673 571.

      2        RASIKA C.K. (MINOR), AGED 15 YEARS,
               D/O.RAVEENDRAN C., REP. BY HER FATHER
               SRI. RAVEENDRAN C., AGED 49 YEARS, S/O.VELLANKUTTY,
               CHENNIKOTTU KUNNUMMAL, KURUVATTUR P.O.,
               KAKKODI (VIA), KOZHIKODE DISTRICT-673 611.

      3        SIVANI N. (MINOR), AGED 16 YEARS, D/O.DINESAN N.,
               REP. BY HER FATHER SRI.DINESAN N., AGED 46 YEARS,
               S/O.PRACHU, NELLIKKAL, PAYAMBRA P.O.,
               KUNNAMANGALAM (VIA), KOZHIKODE DISTRICT-673 571.

      4        DEVIKA V.P. (MINOR), AGED 16 YEARS,
               D/O.PRASANTHAN V., REP. BY HER FATHER
               SRI. PRASANTHAN V., AGED 48 YEARS, S/O.GANGADHARAN
               NAIR, DEVAMRUTHAM (H), KURUVATTOOR P.O.,
               KOZHIKODE DISTRICT-673 611.

      5        GEETHU M.P. (MINOR), AGED 16 YEARS,
               D/O.SURESH M.P., REP. BY HER FATHER
               SRI.SURESH M.P., AGED 56 YEARS, S/O.IMBICHEKKU,
               MARATHAPALLI (H), THANNEERPANTHAL, VENGERI P.O.,
               KOZHIKODE DISTRICT-673 010.

      6        MOHAMMED SHANIF M., (MINOR), AGED 17 YEARS,
               S/O.RASHEED K.M., REP. BY HIS FATHER,
               SRI. RASHEED K.M., AGED 49 YEARS,
               S/O.MOIDU, MURICHANDI (H), ADUKKATH P.O.,
               KUTTIADY (VIA), KOZHIKODE DISTRICT-673 508.
 WP(C).No.22732 OF 2020(N)
                              -2-


      7      SANJAY KRISHNA N.K., (MINOR), AGED 16 YEARS,
             S/O.VISWANATHAN N.K., REP. BY HIS FATHER
             SRI. VISWANATHAN N.K., AGED 54 YEARS,
             S/O.BALAKRISHNAN, NADUKKANDY (H), KURICHAKAM P.O.,
             KUTTIADY (VIA), KOZHIKODE DISTRICT-673 508.

      8      ABHINAV V.V., (MINOR), AGED 17 YEARS,
             S/O.VINEESH O.K., REP. BY HIS FATHER SRI. VINEESH
             O.K., AGED 45 YEARS, S/O.NARAYANAN, OTTAKANDY (H),
             MOOLAD P.O., NADUVANNUR (VIA),
             KOZHIKODE DISTRICT-673 614.

      9      ANUGRAH P.V., (MINOR), AGED 17 YEARS, S/O.NANU,
             REP. BY HIS FATHER SRI. NANU, AGED 47 YEARS,
             S/O.CHATHU, PAKKUTTINDAVIDA (H), CHEEKKONNU WEST
             P.O., KALLACHI (VIA), KOZHIKODE DISTRICT-673 507.

      10     ADHIL MUHAMMED M.K. (MINOR), AGED 16 YEARS,
             S/O.ABDULLA, REP. BY HIS FATHER SRI. ABDULLA,
             AGED 53 YEARS, S/O.KUNHABDULLA, MALOKKANDIYIL,
             NADAPURAM, KOZHIKODE DISTRICT-673 504.

      11     KEERTHANA M. (MINOR), AGED 15 YEARS,
             D/O.RAJEESH MADATHIL, REP. BY HER FATHER
             SRI. RAJEESH MADATHIL, AGED 43 YEARS,
             S/O.VASUDEVAN, 'BHAVANA', POUR, KONOTT P.O.,
             KUNNAMANGALAM (VIA), KOZHIKODE DISTRICT-673 571.

      12     ARUNIMA P., (MINOR), AGED 14 YEARS, D/O.SHYJA T.,
             REP. BY HER FATHER SRI.SHYJA T., AGED 42 YEARS,
             S/O.CHANDRAN, PUNATHIL (H), KONOTT P.O.,
             KUNNAMANGALAM (VIA), KOZHIKODE DISTRICT-673 571.

      13     DEVANANDA T., (MINOR), AGED 15 YEARS,
             D/O.DINESH KUMAR T., REP. BY HER FATHER,
             SRI.DINESH KUMAR T., AGED 48 YEARS, S/O.RAGHAVAN,
             THAZHAKKOTTU (H), PAYAMBRA P.O.,
             KUNNAMANGALAM (VIA), KOZHIKODE DISTRICT-673 571.

      14     THEETHA MANOJ K. (MINOR), AGED 15 YEARS,
             D/O.MANOJ, REP. BY HER FATHER SRI.MANOJ,
             AGED 48 YEARS, S/O.RAMAN NAIR, KELOTH MEETHAL(H),
             PAYAMBRA P.O., KUNNAMANGALAM (VIA),
             KOZHIKODE DISTRICT-673 571.

      15     ARCHANA K.P., (MINOR), AGED 15 YEARS,
             D/O.SANTHOSH K.P., REP. BY HER FATHER
             SRI. SANTHOSH K.P., AGED 44 YEARS, S/O.BALAN,
             KUZHIMBARATH (H), PAYAMBRA P.O.,
 WP(C).No.22732 OF 2020(N)
                                -3-

               KUNNAMANGALAM (VIA), KOZHIKODE DISTRICT-673 571.
               BY ADVS. SRI.SUNIL V.MOHAMMED
                        SRI.VIMAL KUMAR.A.V.
                        SMT.P.KULUSU
                        SMT.AJITHA APPU
                        SMT.M.S.NEETHUMOL
                        SRI.AADIL SHAH A.S.
RESPONDENTS:

      1        THE STATE OF KERALA, REP. BY THE SECRETARY FOR
               SPORTS AND YOUTH AFFAIRS, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               THIRUVANANTHAPURAM-695001.

      3        THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
               HOUSING BOARD BUILDING, SANTHI NAGAR,
               THIRUVANANTHAPURAM-695001.

      4        THE DIRECTOR,
               DIRECTORATE OF SPORTS AND YOUTH AFFAIRS,
               JIMMY GEORGE INDOOR STADIUM, VELLAYAMBALAM,
               THIRUVANANTHAPURAM-695010.

      5        THE KERALA STATE SPORTS COUNCIL,
               REP. BY ITS SECRETARY, STATUE JUNCTION, PALAYAM,
               THIRUVANANTHAPURAM-695001.

      6        THE KOZHIKKODE DISTRICT SPORTS COUNCIL,
               REP. BY ITS SECRETARY, MANANCHIRA SQUARE,
               KOZHIKODE-673001.

      7        THE KERALA STATE VOLLEYBALL ASSOCIATION,
               REP. BY ITS SECRETARY, NOORMAHAL,
               PERUMTHALMANNA P.O., MALAPPURAM DISTRICT-679322.

               BY ADVS. SMT.LATHA ANAND
                        SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-
01-2021, THE COURT ON 05-02-2021 DELIVERED THE FOLLOWING:
 WP(C).No.22732 OF 2020(N)
                                     -4-

                    ANU SIVARAMAN, J
      ================================
                 W.P.(C). No.22732 of 2020
      ============= ===================
          Dated this the 5th day of February, 2021

                                  JUDGMENT

This writ petition is filed seeking the

following reliefs:

(I) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 6 to award grace marks to the petitioners based on their proficiency in Ext.P1 to P15, in the light of Ext.P22 and P23;

(ii) Declare that the petitioners are entitled for grace marks based on Ext.P1 to P15, in view of Ext.P23 and the declaration of law in Ext.P22;

(iii) Issue such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. Heard the learned counsel for the

petitioners, the learned Senior Government Pleader

as well as the learned Standing Counsel appearing

for the Kerala Sports Council.

3. The petitioners, who have completed the

S.S.L.C Examination in the year 2020, seek award of

grace marks on the basis of Ext.P1 to P15

certificates of merit issued to them by the Kerala

State Volleyball Association. It is contended that WP(C).No.22732 OF 2020(N)

Exts.P16 and P17 certificates issued in the previous

years have been considered for the award of grace

marks by the General Education Department. It is

submitted that even in cases where the Association

which conducted the tournament had been de-

recognized by the Sports Council, judgments in the

nature of Ext.P22 had been issued directing the

award of grace marks to students who had actually

participated in the Championships.

4. A statement has been placed on record by

the second respondent. It is submitted that the

school level competitions in sports events are

conducted by the second respondent. It is also

submitted that Exts.P1 to P15 would show that the

petitioners had participated in school level

tournaments conducted by the seventh respondent

which is not included in Ext.P23 letter dated

21.08.2020 of the Kerala State Sports Council and as

such, no grace marks are liable to be awarded on the

basis of the certificates. It is stated that as per

the provisions of the Kerala State School Sports and

Games Manual, the second respondent is the only

authority who can conduct the school level WP(C).No.22732 OF 2020(N)

tournaments and that Ext.P1 to P15 are not the

certificates issued for participation in school

level tournaments. It is also stated that

Annexure.R2(a) Government Order dated 03.03.2020,

had been issued settling the norms for award of

grace marks and specifically states that it is only

for participation in games conducted by recognized

Associations of federations and where the

certificates are counter signed by the Sports

Council, that grace marks are liable to be awarded

from the academic year 2019-2020 onwards. It is

submitted that Annexure R2(b) circular dated

05.03.2020, has also been issued in this regard.

Annexure R2(c), extract from the provisions of the

Kerala State School Sports and Games Manual is also

produced. It is submitted that the applications

containing merit certificates duly attested by the

Secretary, District Sports Council will only be

considered for granting grace marks.

5. A statement has been placed on record by

the 5th respondent as well. Referring to the

provisions of the Kerala Sports Act, it is submitted

that the conduct of sports at school level is to be WP(C).No.22732 OF 2020(N)

done by the second respondent and the seventh

respondent is ineligible to conduct any such school

level tournaments. It is submitted that even though

the Kerala State Volleyball Association is no longer

affiliated to the fifth respondent, the students who

had participated in the tournaments conducted by the

Association at the district, state and national

levels had been issued with counter signature of

certificates by the fifth respondent and grace marks

had already been awarded. It is submitted that the

seventh respondent was not authorized to conduct any

school level competitions and that in case such

school level competitions are conducted, no benefit

would enure to the students.

6. A reply affidavit has been placed on record

by the petitioners along with Ext.P25 communication,

dated 27.09.2013. It is contended that the DPI had

required all Deputy Directors of Education to

facilitate the conduct of the school level

competitions in Volleyball to popularize the game

and that on the said basis grace marks had been

awarded in previous years. The learned Counsel for

the petitioner also relies on Ext.P22 judgment of WP(C).No.22732 OF 2020(N)

this Court to contend that the withdrawal of

recognition to the State Association cannot be a

ground for refusing to award grace marks as provided

in the relevant Government Orders.

7. I have considered the contentions advanced.

Exts.P1 to P15 would show that the certificates

relied on by the petitioners as certificates of

merits to show participation in the seventh Kerala

State School Volleyball Championships. It is a

specific case of the second respondent that the

second respondent is the only authority empowered to

conduct such school volleyball championships. It is

submitted that since the championships were

admittedly not conducted by the second respondent,

the participation in the same cannot lead to the

award of grace marks. It is further contended that

Ext.P25 which is a communication issued in the year

2013 can have no relevance or application after the

date of issuance of Annexure R2(a) which clarifies

the stand of the Government.

Having considered the specific provisions of

Annexures R2(a) and R2(b) and taking note of the

fact that the school level competitions were not WP(C).No.22732 OF 2020(N)

included either in Annexures R2(a) and R2(b) or in

Ext.P23 for the award of grace marks, I am of the

opinion that the prayers sought for cannot be

granted.

In the above view of the matter, the writ

petition fails, the same is accordingly, dismissed.

Sd/-

ANU SIVARAMAN akv JUDGE WP(C).No.22732 OF 2020(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 3RD PETITIONER. `

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 5TH PETITIONER.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 6TH PETITIONER.

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 7TH PETITIONER.

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 8TH PETITIONER.

EXHIBIT P9 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 9TH PETITIONER.

EXHIBIT P10 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 10TH PETITIONER.

EXHIBIT P11 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 11TH PETITIONER.

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 12TH PETITIONER.

WP(C).No.22732 OF 2020(N)

EXHIBIT P13 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 13TH PETITIONER.

EXHIBIT P14 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 14TH PETITIONER.

EXHIBIT P15 TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 7TH RESPONDENT TO THE 15TH PETITIONER.

EXHIBIT P16 TRUE COPY OF THE SSLC CERTIFICATE OF THE 3RD PETITIONER TO SHOW THE AWARD OF GRACE MARKS IN THE PREVIOUS YEAR.

EXHIBIT P17 TRUE COPY OF THE SSLC CERTIFICATE OF THE 4TH PETITIONER TO SHOW THE AWARD OF GRACE MARKS IN THE PREVIOUS YEAR.

EXHIBIT P18 TRUE COPY OF THE SSLC CERTIFICATE RECENTLY SERVED ON THE 1ST PETITIONER.

EXHIBIT P19 TRUE COPY OF THE SSLC CERTIFICATE RECENTLY SERVED ON THE 2ND PETITIONER.

EXHIBIT P20 TRUE COPY OF THE CERTIFICATE ISSUED TO A SIMILAR STUDENT WITH ENDORSEMENT OF GRACE MARKS FOR THE PREVIOUS ACADEMIC YEAR OF HIGHER SECONDARY COURSE.

EXHIBIT P21 TRUE COPY OF THE SCORE SHEET ISSUED TO A SIMILAR STUDENT WITH ENDORSEMENT OF GRACE MARKS FOR THE PREVIOUS ACADEMIC YEAR OF HIGHER SECONDARY COURSE.

EXHIBIT P22 TRUE COPY OF THE JUDGMENT DATED 10.4.2015 IN WP(C) NO.33817/2014

EXHIBIT P23 TRUE COPY OF THE COMMUNICATION DATED 21.8.2020 OF THE 5TH RESPONDENT.

EXHIBIT P24 TRUE COPY OF THE COMMUNICATION DATED 8.5.2019 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT DURING THE PREVIOUS ACADEMIC YEAR.

EXHIBIT P25 TRUE COPY OF THE COMMUNICATION DATED 27.09.2013 ISSUED BY THE 2ND RESPONDENT. WP(C).No.22732 OF 2020(N)

EXHIBIT P26 TRUE COPY OF THE CERTIFICATE OF MERIT DATED 01.02.2019 ISSUED TO THE 3RD PETITIONER, WHICH WAS COUNTED FOR GRACE MARKS IN EXT.P16

EXHIBIT P27 TRUE COPY OF THE CERTIFICATE OF MERIT DATED 01.02.2019 ISSUED TO THE 4TH PETITIONER, WHICH WAS COUNTED FOR GRACE MARKS IN EXT.P17.

RESPONDENT'S/S EXHIBITS:

ANNEXURE R2(a) TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.1098/2020/G.EDN DATED 03.03.20.

ANNEXURE R2(b) TRUE COPY CIRCULAR NO.SPORTS 1/741/2020/DGE DATED 05.03.2020.

ANNEXURE R2(c) TRUE COPY OF THE RELEVANT PROVISIONS OF KERALA STATE SCHOOL AND GAMES MANUAL.

EXHIBIT R5 A TRUE COPY OF THE RELEVANT PAGE OF THE WITHDRAWAL OF RECOGNITION OF THE 7TH RESPONDENT

//TRUE COPY// PA TO JUDGE