Bimal vs The Registrar
2023 Latest Caselaw 154 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 489 OF 2023
PETITIONERS:

    1       BIMAL
            AGED 21 YEARS
            S/O BIJU.C.R,
            CHOORANOLIL HOUSE, ALAKKODE.P.O,
            THALIPARAMBA, KANNUR DISTRICT, PIN-670571.

    2       DANY JACOB
            AGED 21 YEARS
            S/O JACOB,
            SURYAPALLI HOUSE, CHERTHALA.P.O
            ALAPPUZHA DISTRICT-PIN 688524.

    3       ASHIK NEHAR.N
            AGED 24 YEARS
            S/O MUSTAFFA.N,
            NEERULPPAN HOUSE, EDAVANNA.P.O,
            MALAPPURAM DISTRICT, PIN-676541.

    4       MIDHUN.M.J
            AGED 21 YEARS
            S/O M.B.JAYAN,
            MULLASSERIL HOUSE, MUKKUDIL.P.O,
            RAJAKKAD, IDUKKI DISTRICT, PIN-685566.

            BY ADVS.
            U.P.BALAKRISHNAN
            K.R.AVINASH (KUNNATH)
            C.H.ABDUL RASAC



RESPONDENTS:

    1       THE REGISTRAR,
            KANNUR UNIVERSITY, THAVAKKARA,
            CIVIL STATION.P.O, KANNUR DISTRICT,
            PIN-670002., PIN - 670002

    2       THE DIRECTOR OF PHYSICAL EDUCATION
 WP(C) NO. 489 OF 2023
                                2

          KANNUR UNIVERSITY, MANGATTUPARAMBA,
          KANNUR, KANNUR DISTRICT,
          PIN-670002.

    3     THE CONVENER
          SOUTH WEST INTER UNIVERSITY ATHLETICS (MEN & WOMEN)
          CHAMPIONSHIP, ASSOCIATE PROFESSOR(BIOMECHANICS) &
          SPORTS SECRETARY,
          TAMILNADU PHYSICAL EDUCATION AND SPORTS UNIVERSITY,
          MELAKOTTAIYUR.P.O, VANDALUR-KELAMBAKKAM ROAD,CHENNAI,
          PIN-600127.

    4     THE ASSOCIATION OF INDIAN UNIVERSITIES (AIU)
          AIU HOUSE, 16 COMRADE INDRAJIT GUPTA MARG (KOTLA MARG),
          OPPOSITE NATIONAL BAL BHAWAN, NEAR I.T.O, NEW DELHI,
          PIN-110002.



          SRI.I.V.PRAMOD-SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 489 OF 2023
                                   3



                            JUDGMENT

The petitioners say that the first among

them is the University winner for Shot Put;

while the second among them is the winner in

both High Jump and Long Jump, as also the Gold

Medal winner in 4x100 relay. As far as the 3 rd

petitioner is concerned, he claims to be the

University winner in Decathlon; while the 4th

petitioner to be the runner up in 100 meters

sprint and winner of 4x100 relay. They rely on

Ext.P1 in substantiation.

2. The specific assertion of the

petitioners is that, in spite of the afore

credentials of theirs, the University has

refused to grant them permission to take part

in the "South West Inter University Athletic

Competition 2022-23" and thus pray that they be WP(C) NO. 489 OF 2023

directed to do so; with a consequential

direction sought to the 3rd respondent to allow

them to participate.

3. However, in refutation of the afore,

Sri.I.V.Pramod - learned Standing Counsel for

the Kannur University, submitted that certain

norms have been fixed by his client for

assessment of merit of the candidates in

various disciplines. He then explained that

even though petitioners 1, 2 and 4 were first

in the respective events conducted by the

University, they fell short of the timing as

prescribed for qualification. He added that,

therefore, no person has been sponsored by the

University in those events, namely Shot Put,

Long Jump, High Jump and Decathlon. As far as

3rd petitioner is concerned, Sri.I.V.Pramod

submitted that he came only second in the WP(C) NO. 489 OF 2023

selection trials, while the first placed

student has also not been sponsored by the

University.

4. When I consider the afore submissions,

it is evident that, though petitioners 1, 2 and

4 may not have satisfied the benchmark fixed by

the University, they have emerged first

position in their respective events. Since no

other person has been sponsored by the

University for the said events, I am of the

view that they should be given the latitude of

participating in the "South West Inter

University Competition", to begin on

09.01.2023, since it will cause prejudice to no

one else. As far as the 3rd petitioner is

concerned, I am afraid that I cannot find him

eligible for any benefit, because the student

who emerged first would be the only one WP(C) NO. 489 OF 2023

entitled to such, but he has not approached

this Court yet.

In the afore circumstances, I order this

writ petition in favour of petitioners 1, 2

and 4 and direct the Kanuur University to

sponsor them for the "South West Inter

University Competitions 2022-23"; for which

purpose, all consequential action shall be

completed not later than the close of the

working hours on 07.01.2023.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 489 OF 2023

APPENDIX OF WP(C) 489/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE RESULT PUBLISHED BY THE HEAD OF DEPARTMENT OF PHYSICAL EDUCATION, GOVERNMENT BRENNEN COLLEGE, THALASSERY.

Exhibit P2 TRUE COPY OF THE INVITATION FOR ENTRIES DATED 21.11.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE LIST RECOMMENDED BY THE SELECTION COMMITTEE

Exhibit P4 THE TRUE COPY OF THE MEET RESULT OF M.G.

UNIVERSITY FOR THE YEAR 2022-23.

Exhibit P5 TRUE COPY OF THE SPORTS CALENDAR PUBLISHED BY THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE LIST OF EVENTS PUBLISHED BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE LIST PUBLISHED BY THE 2ND RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE