Kerala High Court
Vinajak M.Nair vs The Kerala State Ball Badminton ... on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
W.P.(C) NO.22267 OF 2021
PETITIONERS:
1 VINAYAK M.NAIR,
AGED 19 YEARS, S/O.MOHANAN PILLAI T.,
RESIDING AT NELLIPARAMBIL,
NEAR GANDHI JUNCTION, KOTTARAKARA (P.O.),
KOLLAM DISTRICT.
2 PHILIP K.BINU,
AGED 19 YEARS, S/O.BINU GEORGE,
RESIDING AT BINU COTTAGE,
PUTHOOR (P.O.), KOLLAM DISTRICT.
3 GOVIND A VISWANATH,
AGED 19 YEARS,
RESIDING AT INDEEVARAM,
MAMOODU, AVANOOR, KOTTARAKARA,
KOLLAM DISTRICT.
4 KESAV MAHESH,
AGED 17 YEARS,
RESIDING AT MADHAV, PAVITHRESWARAM (P.O.),
KOTTARAKARA, KOLLAM DISTRICT,
(MINOR REPRESENTED BY HIS FATHER SRI.MAHESHKUMAR.T.R.)
BY ADVS.SRI.K.V.ANIL KUMAR
SMT.SWAPNA VIJAYAN
RESPONDENTS:
1 THE KERALA STATE BALL BADMINTON ASSOCIATION
REPRESENTED BY ITS PRESIDENT,
SARINVILLA, AYYAPPANKAVU,
PIRAYIRI, PALAKKAD-678 019.
2 KERALA STATE SPORTS COUNCIL
REPRESENTED BY ITS SECRETARY, YMCA ROAD,
STATUE JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 001.
W.P.(C) NO.22267 OF 2021
-2-
3 STATE OF KERALA SPORTS AND YOUTH AFFAIRS
REPRESENTED BY ITS SECRETARY, SECRETARAIT,
THIRUVANANTHAPURAM-695 001.
4 KERALA STATE BALL BADMINTON ASSOCAITION
REPRESENTED BY GENERAL SECRETARY SRI.S.GOPAKUMAR,
GOKULAM HARITHA NAGAR, PADINJATTINKARA,
KOTTARAKARA P.O., KOLLAM, PIN-691 506.
5 DISTRICT BALL BADMINTON ASSOCIATION,
PATHANAMTHITTA,
REPRESENTED BY ITS SECRETARY SRI.A.G.DILEEP,
PRANAVAM, KUNNAMTHANAM P.O., THIRUVALLA.
6 DISTRICT BALL BADMINTON ASSOCIATION, KOLLAM,
REPRESENTED BY ITS SECRETARY,
SRI.MUBASH, MADATHIL VADAKKATHIL,
CRESENT NAGAR-261, VADAKKEVILA P.O.,
KOLLAM, PIN-691 010.
BY ADVS.
LATHA ANAND
KURIAN GEORGE KANNANTHANAM (SR.)
THOMAS GEORGE
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO.22267 OF 2021
-3-
P.V.KUNHIKRISHNAN, J.
----------------------------------------------------
W.P.(C) No.22267 of 2021
----------------------------------------------------
Dated this the 5th day of November, 2021
------------------------------------------------
JUDGMENT
Petitioners who are claimed to be Junior Ball Badminton
Players under a club named 'Cheers Ball Badminton Club',
Kavubhagam, Thiruvalla in Pathanamthitta District, is aggrieved
by the improper selection process done by the 5 th respondent for
the selection of participants for the State Level Junior Ball
Badminton Championship. It is the case of the petitioners that
respondents 1 to 4 decided to conduct State Level Junior Ball
Badminton Championship-2021 at Kulanada Panchayath Higher
Secondary School ground in Pathanamthitta District. For that
Championship, each District will have to send 10 participants.
Ext.P1 is the programme notice of State Ball Badminton
Championship. It is submitted by the petitioners that for the
selection of participants of State Level Championship from
Pathanamthitta District, the 5th respondent decided to conduct
District Level Championship at Mangaram in Pathanamthitta
W.P.(C) NO.22267 OF 2021
District on 09.10.2021. It is specifically stated in the writ petition
that the petitioners herein and one Madhav R. Nair attended in
the selection, representing 'Cheers Ball Badminton Club,
Kavubhagam, Thiruvalla. According to the petitioners, each club
players will have to compete with other club participants.
According to the petitioners, there was only one other club as
participants in the District Level Championship and hence it was
necessary to conduct match with each club players. Other club
sent 10 participants and petitioners' club sent only 5 players in
the district level competition. According to the petitioners, the 5 th
respondent did not conduct match and only conducted 'open
Fives-Match' without preparing score sheet, and selected 10
participants as they like. According to the petitioners, the 5 th
respondent has done the selection in such a way to avoid the
petitioners, who are the natives of Kollam District. It is submitted
that the 5th respondent has conducted only opens selection
process even without preparing score sheet. For selecting 10
participants to State Level, the 5th respondent had conducted a
common fives match, and all the petitioners participated
W.P.(C) NO.22267 OF 2021
throughout the match; but other club members have given formal
participation and without any sufficient reason selected 9 people
from other club members, and selected 1 member from the
petitioners' club. It is submitted that the petitioners are former
National and State Champions of the previous years. The
documents are produced to prove the same as Exts.P2 to P5
series. It is the case of the petitioners that earlier, all the
petitioners were registered players of a club named 'Malrvadi
Club', Kundara in Kollam District. For joining another club of
Pathanamthitta District, the Kollam District Ball Badminton
Association has been issued a consent letter to the 1 st respondent
requesting to take steps to permit the petitioners to play for
'Cheers Club' in Pathanamthitta District. Ext.P6 letter is also
produced to prove the same. Hence the petitioners submitted
that they joined 'Cheers Club' in Pathanamthitta District and for
their participation, the Secretary of Cheers Club issued a letter to
the 5th respondent requesting to permit the petitioners to
participate in the District Level Championship and Ext.P7 is the
letter. But according to the petitioners, the 5 th respondent has not
W.P.(C) NO.22267 OF 2021
properly conducted the District Level Championship and
conducted open match without preparing score sheet, and
selected 10 participants. It is the case of the petitioners that the
5th respondent has not published the selection list till the filing of
the writ petition and they have orally given communication to the
petitioners about the selection list. Hence this writ petition is filed
with the following prayers:-
"i. issue a writ mandamus or other appropriate writ, order
or direction, directing the 5th respondent to conduct district
level championship in a proper manner as per rules and
prepare and publish fare participants list to contest State
level ball badminton championship competition;
ii. issue a writ mandamus or other appropriate writ, order
or direction, directing the respondents 1 to 4 to permit the
petitioners also to participate in the State Ball Badminton
championship to be held as per Ext.P1 program;
iii. Issue a writ mandamus or other appropriate writ,
order or direction, directing the 4th respondent to conduct
enquiry of improper mode of championship held by the 5 th
respondent and prepare participants list of the players for
state competition, and conduct fresh fare district level
competition of the ball badminton as per rules and prepare
fresh list; and
iv. issue such other writ, order or direction as this Hon'ble
Court may deem fit to redress the grievance of the
W.P.(C) NO.22267 OF 2021
petitioners and to meet the ends of justice."
2. A counter affidavit is filed by respondents 4 and 5, in
which Exts.R5(a) and R5(b) are produced. According to
respondents 4 and 5, the championship is now scheduled on
10.11.2021 onwards. For participating in the tournament, every
District Association has to send a District team. A team consists
of 5 players. Every District Association selects 10 players; 5 will
be stand by. For selecting this team, every District Association
conducts a selection round. For this, teams affiliated to the
District Association or individual players from the District can
participate in the State Level Championship. According to
respondents 4 and 5, the selection round was conducted on
09.10.2021 and about 54 players participated in it. There was no
entry from any affiliated clubs from the District. It is the case of
respondents 4 and 5 that the petitioners claimed that they are
representing a club by name 'Cheers Ball Badminton Club',
Thiruvalla. According to respondents 4 and 5, no such club had
ever been affiliated to the 5 th respondent Association. It is also
submitted that the petitioners are residing outside the territory of
Pathanamthitta District and their address in the cause title of the
W.P.(C) NO.22267 OF 2021
writ petition itself shows that they are from Kollam District.
Hence it is stated that they are not eligible to participate.
According to respondents 4 and 5, the team (5 + 5) was selected
by an expert body in the field. The selection was done in the
presence of the observer sent by the Kerala Sports Council,
namely, Sri.C.N.Rajesh. He is also the District Vice President of
the Sports Council. A report was submitted by the selectors,
attested by the observer from the Sports Council and Ext.R5(a) is
the report. The result of the selection was communicated to the
Kerala State Ball Badminton Association and Ext.R5(b) is the
report forwarded to the State Association. Hence, the counsel for
respondents 4 and 5 submitted that there is nothing to interfere
with the selection process and the petitioners are not entitled to
any relief.
3. Heard the counsel for the petitioners and the Standing
Counsel for respondents 4 and 5.
4. I perused Exts.R5(a) and R5(b). Ext.R5(b) is the report
submitted by the selectors attested by the observer from the
Sports Council. In Ext.R5(a), it is stated that 54 persons
W.P.(C) NO.22267 OF 2021
participated in the selection process. There were 14 members in
the sub junior boys, 13 members in the sub junior girls, 15
members in the junior boys and further 12 members in the junior
girls. It is specifically stated in Ext.R5(a) that no teams
participated in the selection process and therefore, it was decided
to select the best performer. Ext.R5(b) is the report forwarded to
the State Association by the Pathanamthitta District Ball
Badminton Association. In Ext.R5(b), it is specifically stated that
even though 'Cheers Club' is not registered in the District Ball
Badminton Association, the members of that club was allowed to
participate in the selection. It was on a humanitarian
consideration. Thereafter, the selection was conducted and the
best performers were selected. After going through Exts.R5(a)
and R5(b), I think there is nothing to interfere with the selection
process conducted by respondents 4 and 5. The counsel for the
petitioners submitted that the selection is not conducted as per
the bye-law of the association. This aspect cannot be considered
by this Court while entertaining a writ petition under Article 226
of the Constitution of India. According to the petitioners, they are
W.P.(C) NO.22267 OF 2021
the best performers, but the selectors says that they are not.
This Court while entertaining a writ petition under Article 226 is
not in a position to decide who is the best performer. I think
there is nothing to interfere with the selection process. Moreover,
the petitioners did not implead the selected persons in this writ
petition.
Therefore, there is no merit in this writ petition. Hence this
writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bpr
W.P.(C) NO.22267 OF 2021
APPENDIX
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PROGRAM NOTICE OF
BALL BADMINTON CHAMPIONSHIP PUBLISHED BY
THE RESPONDENTS.
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE DATED
30.12.2017 OF 37TH SUB JUNION NATIONAL
BALL BADMINTON CHAMPIONSHIP OF THE 1ST
PETITIONER.
EXHIBIT P2(A) A TRUE COPY OF THE CERTIFICATE DATED
16.01.2020 OF 65TH NATIONAL SCHOOL GAMES
OF THE 1ST PETITIONER.
EXHIBIT P2(B) A TRUE COPY OF THE CERTIFICATE DATED
11.01.2019 OF 64TH NATIONAL SCHOOL GAMES
OF THE 1ST PETITIONER.
EXHIBIT P2(C) A TRUE COPY OF THE CERTIFICATE DATED
31.10.2019 OF 63RD KERALA STATE SCHOOL
GAMES CHAMPIONSHIP OF THE 1ST
PETITIONER.
EXHIBIT P2(D) A TRUE COPY OF THE CERTIFICATE DATED
12.10.2018 OF 61ST KERALA STATE SCHOOL
GAMES.
EXHIBIT P2(E) A TRUE COPY OF THE CERTIFICATE DATED
30.07.2018 OF 50TH KERALA STATE JUNIOR
CHAMPIONSHIP OF THE 1ST PETITIONER.
EXHIBIT P2(F) A TRUE COPY OF THE CERTIFICATE DATED
29.11.2015 OF 35TH SUB JUNIOR STATE
JUNIOR CHAMPIONSHIP OF THE 1ST
PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE DATED
10.02.2020 OF 63RD KERALA STATE SCHOOL
GAMES CHAMPIONSHIP OF THE 2ND
PETITIONER.
W.P.(C) NO.22267 OF 2021
EXHIBIT P3(A) A TRUE COPY OF THE CERTIFICATE DATED
12.10.2018 OF 61ST KERALA STATE SCHOOL
GAMES CHAMPIONSHIP OF THE 2ND
PETITIONER.
EXHIBIT P3(B) A TRUE COPY OF THE CERTIFICATE DATED
24.11.2017 OF 61ST 4TH KERALA STATE
SCHOOL GAMES CHAMPIONSHIP OF THE 2ND
PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE DATED
12.10.2018 OF 61ST KERALA STATE SCHOOL
GAMES CHAMPIONSHIP OF THE 3RD
PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE DATED
31.10.2019 OF 63RD KERALA STATE SCHOOL
GAMES CHAMPIONSHIP OF THE 4TH
PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE LETTER DATED
27.09.2021 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT R5(A) COPY OF THE REPORT DATED 09.10.2021
SUBMITTED BY THE SELECTORS, ATTESTED BY
THE OBSERVER FROM THE SPORTS COUNCIL.
EXHIBIT R5(B) COPY OF THE REPORT DATED 18.10.2021 TO
THE KERALA STATE BALL BADMINTON
ASSOCIATION.
