Kerala High Court
Abhinesh.A vs The Vice Chancellor, Kerala ... on 23 December, 2022
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. 41592 OF 2022
PETITIONERS:
1 ABHINESH.A.,
AGED 20 YEARS
S/O.ANIL.G, PUTHEN BUNGALOW, KOVOOR, PALAYAMKUNNU,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM .-695146
2 AISWARYA.C,
AGED 19 YEARS, D/O.SREEJITH.C, MANGOOL PARAMBIL,
CHIRAKKAL, KANNUR P.O, KANNUR - 670011.
3 ASHA ASHOK KUMAR,
AGED 22 YEARS, D/O.ASHOK KUMAR, KODIPARAMBIL VEEDU, MRA
105, OHM NAGAR, MANIKANTESWARAM P.O, THIRUVANANTHAPURAM
- 695013.
4 BINDUJA BIJU KUMAR,
AGED 21 YEARS, D/O.BIJU KUMAR, PUTHEN VEEDU,
MANIKANTESWARAM P.O, THIRUVANANTHAPURAM - 695013.
5 POOJA SUDAN,
AGED 23 YEARS, AVITTOM SURYA NAGAR, AYATHIL P.O,
KOLLAM-691021.
6 SHEHINSHA.S,
S/O. SANOOZ, AGED 24 YEARS, SYAM MANSION, PALAYAMKUNNU
P.O, VARKALA, THIRUVANANTHAPURAM.
7 MUHAMMED ABDULLA,
AGED 22 YEARS, S/O.FAROOK.A.R, VARIL VEEDU, VETTOOR
P.O, VARKALA, THIRUVANANTHAPURAM - 695312.
8 ARATHI,
D/O.ANIL KUMAR.G, AGED 20 YEARS, NANDAVANAM, POOJAPPURA
P.O, THIRUVANANTHAPURAM - 695581.
9 SREELEKSHMI,
D/O.SREEJITH.K, AGED 17 YEARS, (MINOR), THIRUVONAM,
CHEMBAKATHINMOODU, VENKULAM, EDAVA,
THIRUVANANTHAPURAM - 695331, REPRESENTED BY FATHER
SREEJITH.K.
WP(C) NO. 41592 OF 2022
2
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
RESPONDENTS:
1 THE VICE CHANCELLOR, KERALA UNIVERSITY,
UNIVERSITY BUILDING, PALAYAM, THIRUVANANTHAPURAM -
695034.
2 THE REGISTRAR, KERALA UNIVERSITY,
UNIVERSITY BUILDING, PALAYAM, THIRUVANANTHAPURAM -
695034.
3 THE DIRECTOR
PHYSICAL EDUCATION DEPARTMENT, KERALA UNIVERSITY, PMG,
THIRUVANANTHAPURAM 695033
BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SRI JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41592 OF 2022
3
JUDGMENT
The petitioners say that they are
accomplished in Boxing, both at the University
and State Levels; but allege that they have
been refused permission to attend the National
Championship by the Kerala University. They
thus pray that said University be directed to
sponsor their names also, for the Championship,
which is to begin in the next week or so.
2. Sri.Thomas Abraham - learned Standing
Counsel for the Kerala University, submitted
that, though none of the petitioners are fully
eligible to be considered for the National
Championship, assessing their past performance,
as per Annexure R1(a) Hand Book of the
Department of Physical Education, 1,3,4 and 5
among them have been cleared for the National
Championship. He submitted that, as regards
others, their past performance is also not
WP(C) NO. 41592 OF 2022
adequate and therefore, cannot be sponsored.
3. In response, the learned counsel for
the petitioners - Sri.P.Pratheesh, submitted
that the afore assertions of the University
against petitioners 2,6,7,8 and 9 are
unfortunate because they have represented the
University, as also the State, in Boxing
Championships. He asserted that, therefore,
this is a fit case where the University must be
ordered to re-evaluate them, based on the Hand
Book and such other relevant Regulations,
before they can be refused permission to attend
the National Championship.
4. There is some force in the afore
submissions of Sri.P.Pratheesh because, the
University says that some of the petitioners
are qualified, while others are not. It is
clear that they have entered into such
conclusion without hearing any of them. Since
all the petitioners say that they have the
WP(C) NO. 41592 OF 2022
credentials to participate in the National
Championship, I am certain that University must
hear them also, before a decision to their
detriment is taken.
5. Resultantly and recording the consent
of Sri.Thomas Abraham for such course, I direct
the petitioners to mark appearance before the
3rd respondent - Director of Physical Education
Department, at 11 A.M on 24.12.2022; on which
day, they will be re-assessed with respect to
their performance, after affording them
opportunities of being heard and of going
through their records/documents they may
produce; thus culminating in a final decision
as to whether petitioners 2, 6 to 9 are
eligible to be sponsored for the National
Championship.
6. As far as petitioners 1,3,4 and 5 are
concerned, I record the submissions of
Sri.Thomas Abraham that they have already been
WP(C) NO. 41592 OF 2022
cleared for the Championship and they would be
at liberty to travel for the same without
impediment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 41592 OF 2022
APPENDIX OF WP(C) 41592/2022
PETITIONES' EXHIBITS
Exhibit P1 THE TRUE COPY OF LIST OF THE WINNERS IN
EACH CATEGORY IN THE MEN SECTION.
Exhibit P2 THE TRUE COPY OF THE LIST OF WINNERS IN THE
WOMEN CATEGORY.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE 1ST PETITIONER BEFORE THE 3RD
RESPONDENT DATED 15.12.2022 .
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE 2ND PETITIONER THROUGH EMAIL DATED
15.12.2022.
Exhibit P5 THE TRUE COPY OF THE JOINT REPRESENTATION
FILED BY THE PETITIONERS 3 AND 4 BEFORE THE
2ND RESPONDENT DATED 15.12.2022 .
Exhibit P6 THE TRUE COPY OF THE EMAIL SUBMITTED BEFORE
THE 3RD RESPONDENT BY THE 5TH PETITIONER
DATED 15.12.2022.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE 6TH PETITIONER BEFORE THE 3RD
RESPONDENT DATED 15.12.2022.
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE 7TH PETITIONER BEFORE THE 3RD
RESPONDENT DATED 15.12.2022.
Exhibit P9 THE TRUE COPY OF REPRESENTATION DATED
15.12.2022 SUBMITTED BY THE 8TH PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE 9TH PETITIONER DATED 15.12.2022
BEFORE THE 3RD RESPONDENT.
Exhibit P11 THE COPY OF THE LIST PUBLISHED BY THE 3RD
RESPONDENT.
WP(C) NO. 41592 OF 2022
RESPONDENTS' EXHIBITS:
ANNEXURE R1A THE TRUE COPY OF THE RELEVANT PAGE OF THE
HAND BOOK OF THE DEPARTMENT OF PHYSICAL
EDUCATION
//TRUE COPY//
P.A. TO JUDGE
