Mohammed Rashid vs The University Of Calicut
2022 Latest Caselaw 12363 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                   WP(C) NO. 42258 OF 2022
PETITIONERS:

    1      MOHAMMED RASHID,
           AGED 21 YEARS
           S/O. EASSA, 3RD YEAR B.A (HISTORY), SREEKRISHNA
           COLLEGE, ARIYANNOOR P.O, GURUVAYOOR, THRISSUR
           DISTRICT- 680602, RESIDING AT KOLLAMPARAMBIL
           HOUSE, KARUVARAKKUNDU,
           MALAPPURAM DISTRICT - 676523.
    2      MOHAMMED THASLEEM C.K,
           AGED 20 YEARS, S/O. MOHAMMED, 2ND YEAR, B.A
           (ECONOMICS), SREEKRISHNA COLLEGE, ARIYANNOOR
           P.O, GURUVAYOOR, THRISSUR DISTRICT- 680602,
           RESIDING AT CHEMBALAKKARA HOUSE, ANGADI P.O,
           PALAKKAD DISTRICT- 679552.
    3      AJIN .R,
           AGED 19 YEARS, S/O. RAMAKRISHNAN, 2ND YEAR B.A
           (ECONOMICS), VITORIA COLLEGE, IRINJALKUDA,
           THRISSUR DISTRICT- 678001,
           RESIDING AT MAMPULLY HOUSE, CHILLIMADA,
           KANJIKKODE P.O, PALAKKAD DISTRICT- 678621.
           BY ADVS.
           ANOOP.V.NAIR
           E.ADITHYAN
           ROHAN MAMMEN ROY


RESPONDENTS:

    1      THE UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY CAMPUS, TIRUR- CALICUT RD,
           THENHIPALAM, KERALA -673635,
           REPRESENTED BY ITS VICE CHANCELLOR.
    2      THE DIRECTOR,
           DEPARTMENT OF PHYSICAL EDUCATION UNIVERSITY OF
           CALICUT, CALICUT UNIVERSITY CAMPUS,
           TIRUR- CALICUT RD, THENHIPALAM, KERALA -673635.
 W.P (C) No.42258/22
                                   ..2..




    3          THE SELECTION COMMITTEE,
               UNDER THE CALICUT UNIVERSITY FOR INTER
               COLLEGIATE ATHLETIC CHAMPIONSHIP, CALICUT
               UNIVERSITY CAMPUS, TIRUR- CALICUT RD,
               THENHIPALAM, KERALA -673635,
               REPRESENTED BY DIRECTOR, DR.ZAKEER HUSSAIN,
               PHYSICAL EDUCATION DEPARTMENT, UNIVERSITY OF
               CALICUT, UNIVERSITY CAMPUS, TIRUR- CALICUT RD,
               THENHIPALAM, KERALA -673635.
    4          VISHAL DEVMITH,
               1ST YEAR DEGREE STUDENT, CHRIST COLLEGE,
               IRINJALAKUDA, THRISSUR DISTRICT - 678001.


           SRI JOSHY THANNICKKAMATTAM-GP; SRI P C
           SASIDHARAN-SC


        THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   23.12.2022,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P (C) No.42258/22
                                ..3..




                            JUDGMENT

The petitioners say that they have secured 5th and 6th

places in "100 meters race" conducted as part of the Inter-

Collegiate Tournament, under the aegis of the Calicut

University; and therefore, that they are eligible to be included

in the University Team for the 4 X 100 meters relay, to

participate in the "South Zone Inter University Athletic Meet"

scheduled from 07.01.2023 to 09.01.2023.

2. The petitioners allege that even though they were

legitimately expecting to be included in the Team, they have

received Ext.P7 communication from the University, informing

them that "Final Selection Trials" of the Relay Team will be

conducted on 24.12.2022; and thus seek that it be set aside,

asserting that no such fresh selection trials are necessary.

3. The petitioners also have a case that the inclusion of

the 4th respondent in the afore said "Final Selection Trials" is

illegal, since he had not participated in the 100 meters race in

the Inter Collegiate Tournament.

4. In response to the afore submissions of Sri.Anoop V W.P (C) No.42258/22 ..4..

Nair - learned counsel for the petitioners, Sri.P.C.Sasidharan -

learned Standing Counsel for the University, submitted that

there are six spots in the Mens Relay Team for the University;

and that the first three among them have already been allotted

to the students who obtained the first three positions in 100

meters Race in the Inter Collegiate Tournament. He explained

that there is no recognised position after the said three in any

competition; and hence, that to select the balance three

positions, a "Final Selection Trial" has become necessary,

which has been done in the previous years also. He added that,

even though, in the Inter Collegiate Tournament, only a few

students are able to take part, when it comes to the Final

Selection Trials, no such restrictions are placed and that any

student who applies for it, will also be included - one such

student being the 4th respondent. He added that apart from the

4th respondent, seven other athletes have made such requests

to participate in the fresh selection trials; and therefore, that

the petitioners cannot stand against them also being allowed

to participate, because the final purpose for such a trial is to W.P (C) No.42258/22 ..5..

find the best among all the students. Sri.P.C.Sasidharan

concluded his submissions saying that, many of the athletes

who did not participate in the Inter Collegiate Tournament have

even better timings than the first three position holders

therein; and therefore, that an open and fair competition is

required to choose the last of the three places, particularly

because it is the name and reputation of the University, which

is to be maintained in the Zonal competitions.

5. In reply, Sri.Anoop V. Nair - learned counsel for the

petitioners, submitted that the afore assertions of

Sri.P.C.Sasidharan are not accurate because, going by Ext.P2 -

entry form for the purpose of participation in the Inter -

Collegiate Athletic Championship, only those persons who have

participated therein can be included for the final trials, even

assuming that his clients have to participate in the same. He

alleged that the attempt of the University, to allow the 4 th

respondent to take part in the final selection even though he

did not participate in the 100 meters race in the Inter

Collegiate Athletic Championship, is illegal and unlawful. W.P (C) No.42258/22 ..6..

6. I am afraid that I cannot find full favour with the

afore submissions of Sri.Anoop V. Nair because there is nothing

produced by the petitioner to show that only those students

who participate in the Inter Collegiate Tournament, will be

eligible to take part in the final selection trials. In fact, it is a

benefit given to the participants of the Inter Collegiate

Tournament, in as much as that the first three positions therein

automatically enter the University Team, without the

requirement of having to go through a "Final Selection Trial".

There is, concededly, no interdiction for other students to be

included in the Final Selection Trial, though the petitioners try

to point out that, in Exts.P6 and P7, the University has called

upon the Colleges to ask only those students who participated

in the Inter Collegiate Tournament to again participate in such

trials. This, however, cannot lead to an axiomatic inference

that no other student can be allowed to participate in the

selection trial, especially when the University says that they

are trying to find the best among all the regular and legitimate

students.

W.P (C) No.42258/22 ..7..

7. This is more so because the petitioners have

approached this Court arraying only the 4 th respondent in the

party array, but without the seven others - who the University

says have made such applications and who will be allowed to

participate in the Final Selection Trial.

8. That being so said, I fail to understand why the

petitioners should be anxious that the 4th respondent should

not be allowed to participate in the Final Selection Trials, when

they now concede that they are willing to participate in the

same to prove their mettle. Apart from the fact that they are

trying to shut out competition, I cannot find any cogent reason

for such a stand. Of course, Sri.Anoop.V.Nair explained saying

that his clients are litigating on a point of propriety, because

when the Rules say that only those students who have

participated in the Inter-Collegiate Tournament can take part in

the Final Trials, the 4th respondent should not have been

allowed to do so. However, as I have already said above, there

is nothing to affirmatively show that there is any such Rule;

and in the absence of the same, I cannot accept the assertions W.P (C) No.42258/22 ..8..

of the petitioners.

In the afore circumstances, I close this writ petition,

without any orders; but granting full liberty to the petitioners

to participate in the Final Selection Trial, scheduled tomorrow,

without any impediment.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR W.P (C) No.42258/22 ..9..

APPENDIX OF WP(C) 42258/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FINAL RESULT OF THE 33RD SOUTH ZONE CHAMPIONSHIP HELD IN ANDHRAPRADESH FROM 09.09.2022 TO 11.09.2022 .

Exhibit P2 TRUE COPY OF THE SCREENSHOT OF THE DETAILED ENTRY FORM FOR MEN AND WOMEN, FOR THE INTERCOLLEGIATE ATHLETICS CHAMPIONSHIP 2022-2023, ISSUED BY THE 1ST RESPONDENT .

Exhibit P3 TRUE COPY OF THE FINAL RESULTS FOR 100 METER MEN IN THE INTERCOLLEGIATE CHAMPIONSHIP HELD ON 14.12.2022.

Exhibit P4 TRUE COPY OF THE FINAL RESULT OF LONG JUMP EVENT, OF THE INTERCOLLEGIATE ATHLETICS CHAMPIONSHIP.

Exhibit P5 TRUE COPY OF THE FINISH RESULTS OF HEAT NO. 5 ON 14.12.2022 FOR 100 METER EVENT.

Exhibit P6 TRUE COPY OF THE MAIL DATED21.12.2022, INFORMING ABOUT THE TRIALS OF UNIVERSITY RELAY TEAM, TO BE CONDUCTED ON 24.12.2022 FOR MEN AND WOMEN.

Exhibit P7 TRUE COPY OF THE MAIL DATED 21.12.2022, INFORMING ABOUT THE TRIALS OF UNIVERSITY RELAY TEAM, TO BE CONDUCTED ON 24.12.2022 FOR MEN ALONE. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT.