The Kerala State Volleyball ... vs Ansab O
2022 Latest Caselaw 10109 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                            &

                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                             TH
          THURSDAY, THE 15        DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944


                                   WA NO. 1374 OF 2022

 AGAINST THE INTERIM ORDER IN WP(C) 28375/2022 OF HIGH COURT OF KERALA DATED 2.9.2022


APPELLANT/RESPONDENT NO.7:


         THE KERALA STATE VOLLEYBALL ASSOCIATION, REP. BY ITS SECRETARY
         AGED 59 YEARS, ROOM NO. 72, JAWAHARLAL NEHRU STADIUM, BN ARCADE, NEAR
         TOWN HALL, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN - 679322

         BY ADV SUNIL V.MOHAMMED

RESPONDENTS/PETITIONERS AND RESPONDENT NO.1 TO 6:


     1   ANSAB O., AGED 30 YEARS, S/O. AMMAD O., OTHAYOTH HOUSE, KODANJERI P.O.,
         KOZHIKODE DISTRICT, PIN - 673503

     2   MUHAMMED EQBAL T.N., AGED 26 YEARS
         S/O. NISHAD T.S., THURUTHIPARAMBIL HOUSE, BRAHMAPURAM P.O.,
         ERNAKULAM DISTRICT, PIN - 682303

     3
         ARUN ZACHARIAS LIBI, AGED 24 YEARS
         S/O. SIBI SCARIA, ANICHAMATTATHIL HOUSE, OUNNATHURA (W),
         ETTUMANOOR, KOTTAYAM DISTRICT, PIN - 686632

     4   ERIN VARGHESE, AGED 24 YEARS, S/O. K.L. VARGHESE, KALLARACKAL HOUSE,
         PADUVAPURAM P.O., MOONAMPARAMBU, ANGAMALY, ERNAKULAM DISTRICT, PIN -
         683576

     5   RAHUL K., AGED 23 YEARS, S/O. RAMESHAN T., SREEPADMAM HOUSE, IRIVERI P.O.,
         KANNUR DISTRICT, PIN - 670615

     6   AKHIN G.S., AGED 31 YEARS, S/O. GOPALA KRISHNAN,
         GOPAL SADANAM, CHEMMARAN, MOOTHALA P.O.,
         PALLICKAL, THIRUVANANTHAPURAM, PIN - 695604

     7   ANU JAMES, AGED 26 YEARS, S/O. JAMES M.A., MELEKALAYIL KUZHIPARAMP HOUSE,
         MEKOZHOOR POST, VALLIYANTHI, PATHANAMTHITTA DISTRICT, PIN - 689678
      WA NO. 1374 OF 2022
                                            :: 2 ::



8    ARAVINDHAN S., AGED 28 YEARS, S/O. SELVAMANI, 3/242, ALWAR APPAN STREET,
     THIYAGARAJA NAGAR, VILAMA P.O., THIRUVAROR, PIN - 610004

9    MUJEEB M.C., AGED 26 YEARS, S/O. MUSTHAFA M.C. MEETHALECHAKKOLI HOUSE,
     KEEZHAL P.O., VADAKARA, KOZHIKODE DISTRICT, PIN - 673541

10   JITHIN N., AGED 29 YEARS, S/O. VIJAYAN N., NEELATHAZHA HOUSE, MOOLAD P.O.,
     NADUVANNUR (VIA), KOZHIKODE DISTRICT, PIN - 673614

11   ANAND K., AGED 20 YEARS, S/O. MADUSUDANAN K.V., NIKKUNATH HOUSE, PERUL P.O.,
     M.M. BAZAR, PAYANNUR, KANNUR DISTRICT, PIN - 670306

12   JOHN JOSEPH E.J., AGED 22 YEARS, S/O. E.V JOSEPH, EANTHUNGAL HOUSE,
     KALANDIKOLLY P.O., PULPALLY, WAYANAD DISTRICT, PIN - 673579

13   SHON T. JOHN, AGED 25 YEARS, S/O. VARGHESE JOHN, THANGHALATHIL HOUSE,
     VAYALATHALA P.O., PATHANAMTHITTA DISTRICT, PIN - 689672

14   A. MUTHUSAMY, AGED 24 YEARS, S/O. M. APPAVU, SOUTH KANDIYAR STREET, EDA,
     MELAIYUR, THIRUVARU, PIN - 614013

15   SETHU T.R., AGED 27 YEARS, S/O. RAJAN T.G.,
     THOTTATHUSSERY HOUSE, MUHAMMA P.O.,
     ALAPPUZHA DISTRICT, PIN - 688525

16   C. JEROME VINITH, AGED 30 YEARS, S/O. CHARLES A., 38/A, PUTHENCRUZ ATHANI, B.K.
     PURAM P.O., ERNAKULAM DISTRICT, PIN - 682308

17   THE MINISTRY OF YOUTH AFFAIRS, REP. BY ITS DEPUTY SECRETARY TO THE
     GOVERNMENT OF INDIA, ROOM NO. 401 "C" WING, SASTRY BHAVAN,
     NEW DELHI, PIN - 110001

18   STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
     SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

19   THE SECRETARY, KERALA STATE SPORTS COUNCIL
     STATUE, THIRUVANANTHAPURAM, PIN - 695001

20   THE INDIAN OLYMPIC ASSOCIATION, REP. BY SECRETARY GENERAL, AGED 68 YEARS,
     OLYMPIC BHAVAN, B 29, QUTUB INSTITUTIONAL AREA, NEW DELHI, PIN - 110016

21   THE KERALA OLYMPIC ASSOCIATION, REP. BY SECRETARY, AGED 55 YEARS, MP APPAN
     ROAD, DPI, THYCAUD, THIRUVANANTHAPURAM, PIN - 695034
      WA NO. 1374 OF 2022
                                       :: 3 ::



22   THE STATE VOLLEYBALL TECHNICAL COMMITTEE, REP. BY CONVENOR
     KERALA STATE SPORTS COUNCIL, STATUE, THIRUVANANTHAPURAM, PIN - 695001


     BY ADVS.R.KISHORE (KALLUMTHAZHAM) - R1 TO R16
     ROSHEN.D.ALEXANDER - R19
     SRI. S SREEKUMAR (SR.) - R21
     SRI.K.P.HARISH, SR. G.P.




           THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.09.2022, THE
     COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1374 OF 2022
                                   :: 4 ::




                               JUDGMENT

Dated this the 15th day of September 2022

Shaji P Chaly, J.

Captioned writ appeal is preferred by the 7 th respondent, the

Kerala Volleyball Association, in W.P.(C)No.28375/2022 challenging

the interim order passed by the learned Single Judge dated 2 nd day

of September 2022.

2. The subject issue relates to selection of Kerala State Men

Volleyball Team for 36th National Games being held from 27th

September to 10th October 2022. The players selected by the State

Volleyball Technical Committee under the Kerala State Sports

Council are the writ petitioners. The grievance of the

petitioners/respondents 1 to 16 is regarding the decision of the

Kerala Olympic Association to enter a team selected by the Kerala

State Volleyball Association/7th respondent for the National Games

instead of the team selected by the Sports Council.

3. The basic contention advanced by the writ petitioners is

that the Kerala State Sports Council had constituted a technical

committee and selected the best players, since the Volleyball WA NO. 1374 OF 2022 :: 5 ::

Federation of India, to which the State Volleyball Association is

affiliated has been de-recognised by the Ministry of Youth Affairs

and Sports, Government of India; and moreover, the Kerala State

Sports Council itself has suspended recognition of the appellant

Association as per Ext.P2(a) communication dated 1.10.2021.

Therefore, the sum and substance of the contention advanced by

the writ petitioners is that due to the above development, the

appellant is not having the authority to select a team and that

Kerala Olympic Association committed gross illegality by deciding

to send a team selected by a non-existent association. Various

other contentions are also raised.

4. Anyhow, learned Single Judge has found that the Kerala

State Sports Council had received numerous complaints regarding

swindling of money, and fraud committed by the appellant. It is

also observed in the interim order that the Vigilance and the Anti-

Corruption Bureau, Malappuram Unit, has registered Crime

No.VC/03/2014/MPM dated 30.5.2014 before the Vigilance Court,

Thrissur under Section 13(1)(d) read with Section 13(2) of the

Prevention of Corruption Act against the Secretary and the WA NO. 1374 OF 2022 :: 6 ::

Treasurer of the appellant for misappropriating an amount of

Rs.6,00,000/- given as grant by the Volleyball Federation of India

for conducting the 34th Sub Junior National Championship.

Therefore, the submission made by the appellant that the appellant

and the National Volleyball Federation alone are vested with

powers for selecting and entering volleyball teams was refused to

be accepted by the learned Single Judge and held that the

suspension of the appellant disqualifies the appellant from

conducting any selection. It was based on the findings rendered as

above that the learned Single Judge has passed the following

interim order:

"5. Having heard the learned Counsel on either side, I find more merit in the contention urged by the writ petitioners. Indisputably, the writ petitioners have been selected and provisionally included in the State Team, based on their performance in the selection trials. Their recent performance and present form has thus been assessed by a competent selection committee. The mere reason that the petitioners had participated in the Prime Volleyball Championship without prior sanction from the 7th respondent cannot be a reason for disqualifying them, especially when the parent body of the 7th respondent itself is under suspension. It is also pertinent to note that, recognition of the 7th respondent has been suspended by the Sports Council based on complaints and registration of crimes pertaining to swindling of funds. I also take note of the fact that the 7th respondent had never raised a complaint against the selection trials WA NO. 1374 OF 2022 :: 7 ::

conducted by the committee constituted by the Sports Council. They approached this Court at the last moment that too without revealing the entire facts. Even then, this Court had only directed the Kerala Olympic Association to select and enter the proper team for participating in the National Games. On consideration of the above aspects, I am of the opinion that the team selected by the Kerala State Sports Council, of which the petitioners are members, is better suited to represent the State in the National Games. In any case, being an affiliated body of the National Volleyball Federation, which indisputably stands de-recognised, the 7th respondent cannot assail the selection conducted by the Sports Council. It is disheartening to note that even in the field of sports, priority is being given to petty politics and not for sports and sports persons.

For the aforementioned reasons, there shall be an interim order directing the Kerala Olympic Association/5th respondent to withdraw the list of players submitted by the 7th respondent and to forward Exhibit P1 list prepared at the instance of the Kerala State Sports Council, so as to effectuate participation of the State Team in the National Games. The needful in this regard shall be done immediately.

Post on 22.9.2022"

5. We have heard learned counsel for the appellant Sri.Sunil

V.Mohammed, Sri.R.Kishore (Kallumthazham) for writ petitioners/

respondents 1 to 16, Senior Advocate Sri.S.Sreekumar for the Kerala

Olympic Association - respondent No.21, Sri.Roshan D. Alexander

for Kerala State Sports Council - respondent No.19 and learned

Senior Government Pleader Sri.K.P.Harish for the State WA NO. 1374 OF 2022 :: 8 ::

Government and perused the pleadings and material on record.

6. The paramount contention advanced by the appellant is

that it is well settled that the courts are not an appropriate forum

to make the selection of players to participate in the games and it is

only for the expert bodies to decide; and further that the courts do

not have the domain to enter into the selection process or the

selection criteria. That apart, it is contended that based on

Annexure A6 list of players selected to the coaching camp has

already been placed before the competent authority i.e., the Indian

Olympic Association - the 20th respondent through the Kerala

Olympic Association and entry of the persons as per the eligibility

criteria and norms, on 31.8.2022, which is the last date for entry as

evident in Annexure A1 and the same has been forwarded to the

Indian Olympic Association. Various other contentions are also

raised, which are all subject matters ultimately to be considered by

the writ court.

7. Learned Senior Counsel appearing for the Kerala Olympic

Association submitted that in fact the selection was conducted by

the Committee appointed by the National Volleyball Federation and WA NO. 1374 OF 2022 :: 9 ::

therefore, the selection trials conducted are in accordance with

law. But in our considered opinion, even the appellant is not

having a case that the selection trials were conducted by the Indian

Volleyball Federation. It is clear from the contentions advanced by

the rival parties that the appellant Association is suspended by the

Kerala State Sports Council and therefore, it did not have any

competency to conduct any selection trials of any tournament in

order to select the Kerala State Volleyball team. Even though a

contention was advanced by learned Senior Counsel for the Kerala

Olympic Association that Indian Volleyball Federation has

conducted selection trials, no documents are produced before the

writ court or this court to establish the same.

8. Learned Senior Counsel for the Kerala Olympic Association

also relied upon a communication issued by the Indian Olympic

Association dated 25.8.2022 and certain orders passed by the

Madras High Court in Contempt No.781/2021, however we are of

the view that the same has nothing to do with the selection of the

team and it is in respect of the elections conducted to the Volleyball

Federation.

WA NO. 1374 OF 2022 :: 10 ::

9. We are also of the view that the Kerala State Sports Council

is the official body regulating the sports activities in the State of

Kerala, which is a neutral body and it is an admitted fact that it has

conducted the selection trials of the Volleyball players in order to

select the volleyball team. It is equally important to note that the

appellant Association did not raise any objection to the selection

trials conducted by the Kerala State Sports Council.

10. In that view of the matter, we are of the clear opinion

that the learned Single Judge was right in passing the interim order

so as to protect the interest of the players selected by the Kerala

State Sports Council. The appellant nor any other respondents

have raised a contention that the selection trials were conducted by

the Sports Council without taking into account the norms

prescribed for the purpose. There are no malafides or any other

illegality attributed in the matter of conducting selection trials by

the Kerala State Sports Council.

11. We are also of the view that since already the Nationals

are scheduled from 27th September, 2022 onwards, necessarily, in

order to protect the interest of the players and the Kerala State, an WA NO. 1374 OF 2022 :: 11 ::

interim order has to be passed by the learned Single Judge.

12. In that view of the matter, we find no reason to interfere

with the interim order passed by the learned Single Judge there

being no jurisdictional error or other legal infirmities.

Needless to say, the writ appeal fails and it is dismissed.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes WA NO. 1374 OF 2022 :: 12 ::

APPENDIX

PETITIONER'S ANNEXURES:

Annexure A1 TRUE COPY OF THE INTIMATION DATED 25.08.2022 ISSUED BY THE 20TH RESPONDENT/IOA REGARDING THE LAST DATE OF ENTRY

Annexure A2 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND THE RULES AND REGULATIONS OF THE 21ST RESPONDENT/KOA

Annexure A3 TRUE COPY OF THE TEAM/ATHLETES ALLOCATION PROCEDURE AND ENTRY

Annexure A4 TRUE COPY OF THE INTIMATION DATED 28.07.2022 OF THE VOLLEYBALL FEDERATION OF INDIA (VFI)

Annexure A5 TRUE COPY OF THE PLAYERS LIST OF THE KERALA STATE TEAMS THAT PARTICIPATED IN THE 70TH SENIOR NATIONAL VOLLEYBALL CHAMPIONSHIP-2022 UPLOADED IN THE WEBSITE OF THE VOLLEYBALL FEDERATION OF INDIA

Annexure A6 TRUE COPY OF THE LIST OF PLAYERS SUBMITTED BY THE APPELLANT ALONG WITH COMMUNICATION DATED 09.08.2022

Annexure A7 TRUE COPY OF THE JUDGMENT DATED 19.08.2022 IN WP(C) NO. 26602/2022

Annexure A8 TRUE COPY OF THE COMMUNICATION DATED 23.12.2020 ISSUED BY THE VOLLEYBALL FEDERATION OF INDIA

Annexure A9 TRUE COPY OF THE COMMUNICATION DATED 26.08.2021 ISSUED BY THE 20TH RESPONDENT/IOA TO THE FEDERATION INTERNATIONAL DE VOLLEYBALL (FIVB)

Annexure A10 TRUE COPY OF THE COMMUNICATION DATED 04.07.2022 ISSUED BY THE FEDERATION INTERNATIONAL DE VOLLEYBALL (FIVB)

Annexure A11 TRUE COPY OF THE NEWS REPORT DATED 03.09.2022 APPEARED IN DESABHIMANI DAILY

// TRUE COPY //

P.S. TO JUDGE