Muhaenul Aswad vs Kerala Sports Council
2021 Latest Caselaw 7547 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                   WP(C).No.22142 OF 2020(P)

PETITIONERS :-

      1     MUHAENUL ASWAD,
            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,
            MANDIRATHIL HOUSE, KAYTHAPOYIL P.O.
            KOZHIKODE - 673 586.

      6     DELFIYA SEBASTIAN,
            PUNNATHANTH HOUSE, PUTHUPPADI P.O.
            KOZHIKODE - 673 586.

      7     ASHLIN.K.V.,
            VAZHACJHALIL 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.
 WP(C).No.22142 OF 2020(P)

                              -: 2 :-


       11     FASAL YOOSAF,
              KORANGAL HOUSE, ENGAPUZHA, PUTHUPPADI P.O.
              KOZHIKODE - 673 586.

       12     RAGIN MARIYA,
              KOORDATH HOUSE, KUPPAYAKODI P.O.,
              KODANCHERY (VIA), KOZHIKODE - 673 586.

       13     JOEL HEBISON COELHO.
              25/633B, BLOSSOM, ULLATHILPARAMBU,
              KUTTIYILTHAZHAM, POOKUNNU P.O., KOZHIKODE-673 586.

              BY ADV. SRI.D.SOMASUNDARAM

RESPONDENTS :-

       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 F) 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.
 WP(C).No.22142 OF 2020(P)

                              -: 3 :-




       9      PRINCIPAL,
              SRBTM GOVERNMENT COLLEGE, KOYILANDI,
              KOZHIKODE - 673 305.

       10     PRINCIPAL,
              KUNNAMANGALAM GOVERNMENT ARTS AND SCIENCE COLLEGE,
              KOZHIKODE - 673 601.

              R4 BY SRI.P.C.SASIDHARAN, SC
              BY SMT.NISHA BOSE, SR.GP


     THIS   WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24-02-2021, THE COURT ON 04-03-2021 DELIVERED THE FOLLOWING:
 WP(C).No.22142 OF 2020(P)

                                    -: 4 :-


                                JUDGMENT

Dated this the 4th day of March, 2021

The prayers in this writ petition are as follows :-

"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 2nd 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 apart 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 2nd respondent to fill up the seats reserved for sports persons at graduation levels in the respective colleges."

2. Heard the learned counsel for the petitioners, the learned

Government Pleader as well as the learned counsel appearing for the

respondent University.

3. It is submitted by the learned counsel for the petitioners

that the petitioners are sports persons having participated in the WP(C).No.22142 OF 2020(P)

State and National level competitions in the various sporting events.

It is stated that Ext.P4 Government Order provides that the Sports

Council is the competent authority to prepare rank list of eligible

candidates for admission in sports quota. It is stated that the

petitioners have been included in Exts.P2 to P2(e) lists which are

prepared by the Sports Council and forwarded to respondents 5 to 10

Government colleges respectively. However, without making

admissions from the said lists, the respondents are taking steps to

admit other students, which is under challenge in this writ petition.

4. It is stated that it is evident from the documents produced

by the petitioners that the federations and associations which have

conducted the tournaments in which the petitioners have participated

are recognised by the Sports Council and that as such, the refusal on

the part of the respondent colleges to make admissions to the sports

quota from the lists forwarded by the Sports Council is completely

untenable.

5. A counter affidavit has been placed on record by the 5 th

respondent. It is stated that admissions to the sports quota in

affiliated colleges are to be made in accordance with the admission

hand book published by the University of Calicut. It is stated that the

University, by Ext.R5(b) circular dated 30.6.2018, has directed the

colleges that admission under sports quota can be given only to WP(C).No.22142 OF 2020(P)

sports and games approved by the Association of Indian Universities

and in not any other games except 'Kalaripayattu'. It is stated that

the authority to conduct sports quota admissions is the Principal of

the college and the Department of Physical Education in the colleges

and that the lists forwarded by the Sports Council is, therefore, not

liable to be followed. It is further stated that admissions in the sports

quota are also to be made through the Centralised Allotment Process

and that the ranked list for sports quota admissions had been drawn

up by the colleges in accordance with the prescribed procedure and

the students included therein are entitled to admission.

6. The University has also placed a counter affidavit on

record. It is specifically stated at paragraphs 6 and 8 of the counter

affidavit as follows :-

"6. The University is autonomous body ad 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.

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.).

WP(C).No.22142 OF 2020(P)

It is submitted that the University has prescribed detailed norms for

admissions in the sports quota for UG courses and that the University

is, therefore, not bound by Ext.P2 series of list. It is further stated at

paragraph 14 of the counter affidavit as follows :-

"14. It is submitted that only the Kozhikode District Sports Council is stake the claim for admission for non approved games like Atya Patya, Throw Ball, Mountain Cycling etc. These games have neither been approved by AIU and the University is not conducting Inter Collegiate championships for any of the above events. The selection of the 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 for the conduct of All India National University Games or in the list of sporting disciplines approved 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."

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 WP(C).No.22142 OF 2020(P)

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.

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.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/26.2.2021 WP(C).No.22142 OF 2020(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.

KDSC/SQ/DEGREE/2020 DATED 9.9.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RANK LIST FORWARDED TO THE 5TH RESPONDENT ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2(a) TRUE COPY OF THE RANK LIST FORWARDED TO THE 6TH RESPONDENT ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2(b) TRUE COPY OF THE RANK LIST FORWARDED TO THE 7TH RESPONDENT BY THE 2ND RESPONDENT.

EXHIBIT P2(c) TRUE COPY OF THE RANK LIST FORWARDED TO THE 8TH RESPONDENT BY THE 2ND RESPONDENT.

EXHIBIT P2(d) TRUE COPY OF THE RANK LIST FORWARDED TO THE 9TH RESPONDENT BY THE 2ND RESPONDENT.

EXHIBIT P2(e) TRUE COPY OF THE RANK LIST FORWARDED TO THE 10TH RESPONDENT BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE NORMS ISSUED BY KERALA STATE SPORTS COUNCIL FOR SELECTION OF CANDIDATES FOR ADMISSION AS AGAINST THE SEATS RESERVED FOR THE SPORTS PERSONS.

EXHIBIT P4 TRUE COPY OF THE ORDER G.O. (MS) NO. 258/78/GAD DATED 9.6.1978 ISSUED BY THE GENERAL ADMINISTRATION SERVICES F DEPARTMENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 22.7.2015 IN WRIT PETITION C NO. 22163/2015 OF THIS HONOURABLE COURT.

EXHIBIT P5(a) TRUE COPY OF THE ORDER DATED 13.11.2015 N WPC NO.

2163/2015 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P6 TRUE COPY OF THE ORDER IN WPC NO. 16109/2019 DATED 13.6.2019 OF THIS HONOURBALE COURT.

EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 30.7.2020 ISSUED BY THE DISTRICT SPORTS COUNCIL, THIRUVANANTHAPURAM.

EXHIBIT P7(a) TRUE COPY OF THE PAPER PUBLICATION DATED 7.10.2020 IN THE MALAYALA MANORAMALA DAILY STATING THAT THE SPORTS COUNCIL IS TO PREPARED RANK LIST OF SPORTS PERSON FOR THE B.ED. COURSE.

WP(C).No.22142 OF 2020(P)

EXHIBIT P8 TRUE COPY OF THE STATE SPORTS ASSOCIATIONS RECOGNIZED BY THE KERALA STATE SPORTS COUNCIL.

EXHIBIT P9 TRUE COPY OF THE ORDER NO. GAI/A2/2454/98 DATED 1.7.2003 ISSUED BY THE GENERAL AND ACADEMIC BRANCH 1, UNIVERSITY OF CALICUT.

EXHIBIT P9(a) TRUE COPY OF THE ORDER NO. GAI/A2/2454/98 DATED 29.6.2004 ISSUED BY THE GENERAL AND ACADEMIC BRANCH 1 UNIVERSITY OF CALICUT.

EXHIBIT P10 TRUE COPY OF THE PAPER PUBLICATION DATED 5.10.2020 PUBLISHED MALAYALA MANORAMA.

EXHIBIT P10(a) TRUE COPY OF THE PAPER PUBLICATION DATED 6.10.2020PUBLISHED IN MALAYALA MANORAMA.

EXHIBIT P10(b) TRUE COPY OF THE PAPER PUBLICATION DATED 7.10.2020 PUBLISHED IN MALAYALA MANORAMA.

RESPONDENTS' EXHIBITS :-

EXHIBIT R5(a) : TRUE COPY OF RELEVANT PAGES OF ADMISSION HANDBOOK OF UNIVERSITY OF CALICUT.

EXHIBIT R5(b) : TRUE COPY OF CIRCULAR No.120276/DPE-B-SO/2018/ ADMN DATED 30.06.2018 ISSUED BY CALICUT UNIVERSITY.

EXHIBIT R5(c) : TRUE COPY OF CALICUT UNIVERSITY PRESS RELEASE - DPE/PRESS RELEASE/2020 DATED 05.10.2020.

EXHIBIT R5(d) : TRUE COPY OF CALICUT UNIVERSITY ADMISSION SCHEDULE FILE No.96901/DOA-ASST-1/2020/ADMN DATED 29.9.2020.

EXHIBIT R5(e) : TRUE COPY OF ALL INDIA UNIVERSITY COMPETITION SCHEDULE.

EXHIBIT R5(f) : TRUE COPY OF ORDER UO No.7732/2020/ADMN DATED 24.8.2020.

EXHIBIT R5(g) : TRUE COPY OF LETTER No.132086/DPE-B-ASST-2/2016/ ADMN DATED 13.10.2020.

EXHIBIT R5(h) : TRUE COPY OF GOVERNMENT ARTS & SCIENCE COLLEGE, KOZHIKODE UNDER GRADUATION ADDITIONAL SPORTS QUOTA/SPECIAL SPORTS QUOTA STUDENTS' LIST 2020-21.