Kerala High Court
Bibin Kumar P vs The Secretary General on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
WP(C) NO. 18554 OF 2021
PETITIONER/S:
BIBIN KUMAR P.
AGED 24 YEARS
S/O.HARIDASAN, POTTEMMAL HOUSE, EAST KODUR,
CHATTIPPARAMBA POST, MALAPPURAM - 676 504.
BY ADV CHITRA JOHNSON
RESPONDENT/S:
1 THE SECRETARY GENERAL
ASSOCIATION OF INDIAN UNIVERSITIES (SPORTS BOARD), AIU
HOUSE, 16 KOTLA MARG, NEW DELHI - 110 002.
2 UNIVERSITY OF KANNUR
THEAVAKKARA CIVIL STATION P.O., KANNUR - 670 002
REPRESENTED BY ITS REGISTRAR.
3 PRINCIPAL
SCHOOL OF PHYSICAL EDUCATION AND SPORTS SCIENCE, KANNUR
UNIVERSITY, MANGATTUPARAMBA CAMPUS P.O., KANNUR DISTRICT
- 670 567.
BY ADV O.M.SHALINA
OTHER PRESENT:
SRI M SASINDRAN SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18554 OF 2021
2
JUDGMENT
Petitioner is an athlete and a bonafide full time student in
Bachelor of Physical Education (BPEd) of School of Physical
Education and Sports Sciences under the University of Kannur.
Secondary Education was completed in the year 2014 and did his
Bachelor of Arts and graduated in the year 2017. All India Inter
University Athletic competition was participated by the petitioner,
resulted into accolades including the prize.
The factum that the petitioner is a full time student of BPEd
is evidenced from the certificate dated 7.9.2021, Ext.P1. He is
below the age of 25 years as on 1 st July of the academic year 2020-
21 as evidenced from Ext.P2. Respondent No.1, Association of
Indian Universities (Sports Board) had come out with eligibility
rules for participation of students/athletes in National University
Games, 2017-18 onwards, which was under challenge in this
Court vide various writ petitions. This Court vide judgment dated
16.12.2019, Ext.P5 quashed the aforementioned conditions and
held that splitting up the 8 years period prescribed under Rule 4
WP(C) NO. 18554 OF 2021
of the Revised Eligibility Rules of the Association of Indian
Universities has no nexus sought to be achieved, and therefore
classification could not stand the twin test of reasonableness and
direction was issued to permit the students to participate for a
period of 8 years between the age of 17 and 25 years.
Learned counsel appearing on behalf of the 1 st respondent
contended that a communication, pursuant to the direction of this
Court contained in Ext.P5 had been sent to all Universities.
Despite that certain universities are not permitting the students,
resulting into perpetual filing of the writ petitions like W.P.(C)
No.6882 of 2021, Ext.P6 whereby by way of interim order,
direction has been issued to participate Sepak Takraw
competitions for the year 2020-21 provisionally.
Learned counsel appearing on behalf of the Kannur
University submitted that in the absence of any communication
from the first respondent the objection has been raised in
compliance of the regulations Ext.P4 dated 28.7.2017.
I have heard the learned counsel for the parties and
appraised the paper book. It is a classic case where both the
WP(C) NO. 18554 OF 2021
contesting respondents have indulged in blaming each other
without noticing the fact that the regulation Ext.P4 has only to be
struck down being not in compliance of doctrine of reasonable
classification much less any nexus to be achieved. Once there is
already direction to a candidate, who is below the age of 25 years,
ie., 17 and 25 can be permitted to participate and he is a
graduate in 2017 itself, almost 8 years have gone cannot be
barred from participating in the sports/athletic competition for
2020-21.
In view of such lack of communication between respondent
No.1 and 2, this Court cannot be flooded with spate of writ
petitions as it came to the knowledge of this Court that the other
writ petition is already pending. I thus allow the writ petition by
issuing directions to the respondent No.2 to permit the petitioner
to participate in the forthcoming athletic competition 2020-21, as
he fulfills the eligibility in terms of the directions given by this
Court. It is made clear that the Respondent No.1 would flash the
message or alleged communication be sent to all the Universities
on their website and also e-mail to all the Universities. The
WP(C) NO. 18554 OF 2021
aforementioned compliance would be enough for all the
Universities to permit such type of similarly situated students in
participating in any of the sports competition, if they are found to
be eligible as per the direction of this Court, Ext.P5. This
direction has been issued for inuring benefit to all similarly
situated persons in order to avoid multifariousness of the
litigation. The writ petition is allowed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 18554 OF 2021
APPENDIX OF WP(C) 18554/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF BONAFIDE CERTIFICATE DATED
07/09/2021 ISSUED TO THE PETITIONER.
Exhibit P2 TRUE COPY OF SSLC BOOK OF THE PETITIONER.
Exhibit P2A TRUE COPY OF THE HIGHER SECONDARY
EXAMINATION CERTIFICATE OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED
06/09/2021 ISSUED BY THE HEAD OF DEPARTMENT
SCHOOL OF PHYSICAL EDUCATION AND SPORTS
SCIENCE.
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER BY THE
ASSOCIATION OF INDIAN UNIVERSITIES (SPORTS
BOARD) DATED 28/07/2017.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 16/12/2019
IN WPC NO.29282 OF 2019 DOWNLOADED FROM THE
OFFICIAL WEBSITE OF THE HIGH COURT.
Exhibit P6 TRUE COPY OF INTERIM ORDER DATED 17/03/2021
IN WPC 6882 OF 2021.
