Kerala High Court
Kerala Hockey vs Kerala State Sports Council on 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WP(C) NO. 31063 OF 2022
PETITIONERS:
1 SUNIL D.EMMATTY
AGED 49 YEARS
S/O. DAVID, EMMATTY HOUSE, 43/2142 D,
HAMSAKUNJA LANE, SRM ROAD, KOCHI- 682018
2 JEFFERY. R. PINHERO,
AGED 47 YEARS
S/O. CHARLES PINHERO, HEROVILLA, VALLARPADAM
P.O., KOCHI - 682504.
BY ADV R.LAKSHMI NARAYAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF YOUTH
AFFAIRS AND SPORTS, ROOM NO. 401, C-WING,
SHASTRI BHAWAN, NEW DELHI, DELHI 110001
2 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM - 695001
3 THE KERALA STATE SPORTS COUNCIL,
YMCA RD, STATUE, PALAYAM, THIRUVANANTHAPURAM,
695001, REPRESENTED BY THE SECRETARY
4 THE HOCKEY INDIA,
B1-E3, GROUND FLOOR, MOHAN CO-OPERATIVE
INDUSTRIAL ESTATE, MADURA ROAD, NEW DELHI -
110044 REPRESENTED BY ITS SECRETARY GENERAL
5 THE KERALA HOCKEY,
.VNRA- 165, PANGODE, THIRUMALA P.O, 5
THIRUVANANTHAPURAM - 695006, REPRESENTED BY ITS
SECRETARY
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
2
6 V. SUNIL KUMAR,
AGED 57 YEARS
S/O. VELUKUTTY, TC NO.24/1591, PRAVEENA
COTTAGE, OPP: MATTUKADA, LPS LANE, THYCADU
P.O., THIRUVANANTHAPURAM-695014.
7 SHEENA S,
C/O. THE KERALA HOCKEY, VNRA 165, PANGODE,
THIRUMALA P.O, THIRUVANANTHAPURAM - 695006
BY ADVS.
LATHA ANAND
Martin Jose P
K.P.SATHEESAN (SR.)
P.PRIJITH(K/233/2005)
THOMAS P.KURUVILLA(K/420-B/2005)
R.GITHESH(K/630/2002)
AJAY BEN JOSE(K/729/2012)
MANJUNATH MENON(K/000474/2015)
SACHIN JACOB AMBAT(K/734/2016)
RIZLANA NAZAR P.V.(K/002730/2022)
HARIKRISHNAN S.(K/497/2019)
S.SREEKUMAR (SR.)(S-571)
ANNA LINDA V.J(K/1201/2020)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2023, ALONG WITH WP(C).34913/2023,
37508/2023 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WP(C) NO. 34913 OF 2023
PETITIONERS:
1 JIBY THOMAS
AGED 20 YEARS
D/O. THOMAS K.V., KUNNEL HOUSE, PUTTADY P.O.,
ANAKKARA, IDUKKI DISTRICT, PIN - 685551
2 ESSAN MICHEL
S/O. BIJU M.V., MANAYATH HOUSE, EROOR WEST
P.O., THRIPPUNITHURA, KUNNALA, ERNAKULAM
DISTRICT, PIN - 682306
3 ANTONY FRANCIS
S/O. FRANCIS K.S., KAVUMKAL HOUSE,
PADIYATHUKULAM, ERRNAKULAM DISTRICT, PIN -
682411
BY ADVS.
SANTHAN V.NAIR
SAFAL P. SALIM
RESPONDENTS:
1 KERALA STATE SPORTS COUNCIL
YMCA ROAD, BEHIND GOVERNMENT SECRETARIAT,
STATUE, TRIVANDRUM, REPRESENTED BY ITS
SECRETARY, PIN - 695001
2 HOCKEY INDIA
B1/E14, MOHAN CO-OP. INDUSTRIAL ESTATE(1KM
AHEAD OF MOHAN ESTATE METRO STATION) MATHURA
ROAD, NEW DELHI, REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER, PIN - 110044
BY ADVS.
Martin Jose P
T.G.SUNIL (PRANAVAM)
P.MOHANDAS(ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
4
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
P.PRIJITH(K/233/2005)
THOMAS P.KURUVILLA(K/420-B/2005)
R.GITHESH(K/630/2002)
AJAY BEN JOSE(K/729/2012)
MANJUNATH MENON(K/000474/2015)
SACHIN JACOB AMBAT(K/734/2016)
ANNA LINDA EDEN(K/1201/2020)
HARIKRISHNAN S.(K/497/2019)
S.SREEKUMAR (SR.)(S-571)
J.OM PRAKASH
C.X.ANTONY BENEDICT
T.G.SANTHOSH
T.G.MAHESH
EMMANUAL SANJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2023, ALONG WITH WP(C).31063/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WP(C) NO. 37508 OF 2023
PETITIONER:
KERALA HOCKEY
REPRESENTED BY ITS GENERAL SECRETARY C.T. SOJI,
TC 24/1085, THYCAUD P.O., THIRUVANANTHAPURAM,
PIN - 695014
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
BHARATH MOHAN
K.P.SATHEESAN (SR.)
RESPONDENTS:
1 KERALA STATE SPORTS COUNCIL
REPRESENTED BY ITS SECRETARY, YMCA ROAD, BEHIND
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 THE SECRETARY
KERALA STATE SPORTS COUNCIL, YMCA ROAD, BEHIND
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
3 HOCKEY INDIA
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
B1/E-14, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE,
MATHURA ROAD, NEW DELHI, PIN - 110044
BY ADVS.
LATHA ANAND
Thomas Abraham
SUNIL T.G.
MERCIAMMA MATHEW
ASWIN.P.JOHN
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
6
R.ANANTHAPADMANABAN
PAUL BABY
J.OM PRAKASH
C.X.ANTONY BENEDICT
EMMANUAL SANJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2023, ALONG WITH WP(C).31063/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WP(C) NO. 37582 OF 2023
PETITIONERS:
1 PREMKUMAR P
AGED 22 YEARS
S/O PRADEEP P, SARITHA BHAVANAM, CHERISKTHRA
NAGAR-1182, KILLIKOLLOOR P.O. KOLLAM, PIN -
691004
2 ANU J. A
AGED 23 YEARS
S/O JAYAKUMAR, ANU BHAVAN KALLUVILLA,
VLATHANKARA P.O, NEYYATINKARA,
THIRUVANANTHAPURAM, PIN - 695134
BY ADVS.
THOMAS ABRAHAM
MERCIAMMA MATHEW
ASWIN.P.JOHN
R.ANANTHAPADMANABAN
PAUL BABY
RESPONDENTS:
1 KERALA STATE SPORTS COUNCIL
YMCA RD, STATUE, PALAYAM, THIRUVANANTHAPURAM,
KERALA, REPRESENTED BY ITS SECRETARY, PIN -
695001
2 HOCKEY INDIA
BLOCK B, E14, 14, BLOCK E, MOHAN COOPERATIVE
INDUSTRIAL ESTATE, BADARPUR, NEW DELHI, DELHI,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN
- 110044
3 KERALA HOCKEY
TC 24, 1085, DPI, THYCAUD, THIRUVANANTHAPURAM,
KERALA, REPRESENTED BY ITS GENERAL SECRETARY,
PIN - 695014
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
8
4 JIBY THOMAS
AGED 20 YEARS
D/O THOMAS K.V. KUNNEL HOUSE, PUTTADY P.O.,
ANAKKARA, IDUKKI DISTRICT, PIN - 685551
5 ESSAN MICHEL
S/O BIJU M.V., MANAYATH HOUSE, EROOR WEST P.O.,
THRIPPUNITHURA, KUNNAL, ERNAKULAM, PIN - 682306
6 ANTHONY FRANCIS
S/O FRANCIS K.S., KAVUMKAL HOUSE,
PADIYATHUKULAM, ERNAKULAM, PIN - 682411
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2023, ALONG WITH WP(C).31063/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
9
'CR'
JUDGMENT
[WP(C) Nos.31063/2022, 34913/2023,
37508/2023, 37582/2023]
All the afore writ petitions are being disposed of together
in this judgment because, the factual circumstances
presented therein and the reliefs sought for, are
interconnected and inter-layered.
2. Among the writ petitions above, W.P.(C)
No.31063/2022 has been filed by two hockey players of
eminence, and who are stated to be members of the Electoral
Roll of "Kerala Hockey". They concede that the elections to
"Kerala Hockey" were conducted on 15.05.2022 and that it
was overseen by an Observer deputed by the Kerala Sports
Council ("Sports Council" for short). They, however, allege
that the said elections were illegal because, respondents 6
and 7 in the aforementioned writ petition are unqualified
under the National Sports Code, 2011 ('Sports Code' for
short) for even having contested in the elections, much less
having been selected; and that this has been so reported by
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
the Observer to the "Sports Council". The petitioners,
therefore, pray that this Court declare that respondents 6 and
7 are not qualified to represent "Kerala Hockey"; with a
consequential direction sought against the first respondent -
Union of India, not to proceed with nomination submitted by
the said respondents so as to enable them to contest for the
post of Executive Committee members of the fourth
respondent - "Hockey India". They also seek that the
Electoral College, namely Ext.P7 in the afore writ petition, to
the extent to which it includes respondents 6 and 7, be
quashed; and that denovo elections be conducted for "Kerala
Hockey".
3. Before I proceed to narrate the facts involved in the
other cases, a brief look through certain events that happened
after the filing of W.P.(C) No.31063/2022 will be required.
4. It transpires that the "Kerala Hockey" conducted a
State Championship in June, 2023, in order to identify players
to represent the Kerala State in the National Games scheduled
in November, 2023; and prepared a list of those who had
been provisionally selected for the same. The said list is
dated 27.06.2023, which will hereinafter be referred to as the
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
'Provisional Selection List'. However, on the allegation that
the "Kerala Hockey" did not conduct any training for the so
selected players - but without saying so explicitly - the 'Sports
Council' issued a proceeding dated 06.11.2023 to all the
District Sports Councils, intimating them that a fresh
championship will be conducted to select candidates for the
National Championship, to be held on November 12 th and 13th
of 2023. It is admitted that this was done and that a fresh
list has been prepared by the said Council, dated 07.11.2023;
which list will hereinafter be referred to as the "Sport Council
List".
5. The afore led to W.P.(C) No.37508/2022 being filed by
"Kerala Hockey" impugning the actions of the "Sports Council"
as afore; and praying that the proceedings issued by them
dated 06.11.2023 and the subsequent list prepared by them,
be declared to be illegal and unlawful.
6. With prayers which are corollary to the ones sought in
W.P.(C) No.37508/2022, certain players, who are included in
the 'Provisional Selection List' have filed W.P.(C)
No.37582/2023, asserting that, after the preparation of the
said list, a further championship was conducted by "Kerala
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
Hockey", to finalise the team for the National Championship
and that they are included therein. They thus pray that the
team so selected, be allowed to participate in the National
Championship; with an adscititious plea that the proceedings
of the 'Sports Council' dated 06.11.2023 and the subsequent
"Sport Council List" be quashed.
7. While so, two players who participated in the State
Championship held by the "Kerala Hockey", but who are not
included in the 'Provisional Selection List', filed W.P.(C)
No.34913/2023, seeking that the 'Sports Council' be directed
to conduct a senior State Hockey Championship for selecting
the team for the 13th National Hockey Championship; with a
supplemental prayer that their representation made for such
purpose, namely Ext.P3, be directed to be considered by the
said respondent, thus not allowing the players in the
'Provisional Selection List' or the final team thereafter
prepared by the "Kerala Hockey" to participate.
8. I have heard Sri.S.Sreekumar - learned senior
counsel, assisted by Sri.Sachin Jacob Ambat - appearing for
"Hockey India"; Dr.K.P.Satheesan, learned senior counsel,
instructed by Sri.P.Mohandas, appearing for the "Kerala
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
Hockey"; Smt.Latha Anand - learned standing counsel for the
Kerala Sports Council; Sri.R.Lakshmi Narayan appearing for
the petitioners in W.P.(C) No.31063/2022; Sri.Thomas
Abraham - learned counsel for the petitioners in W.P.(C)
No.37582/2023; Sri.Santhan V.Nair appearing for the
petitioner in W.P.(C) No.34913/2023; and Sri.T.G.Sunil
learned counsel appearing for some of the party respondents
in W.P.(C) No.34913/2023.
9. The record of the submissions afore indited would
render it luculent that there are broadly two issues involved,
to be decided in these matters, namely:
(a) Whether the elections to the "Kerala Hockey",
conducted on 15.05.2022, is illegal; and if the selection of
certain persons is untenable and contrary to the 'Sports Code'
- they allegedly not possessing imperative qualifications under
it; and
(b) Whether the action of "Kerala Hockey" in preparing
the 'Provisional Selection List' and the Final Team for the
National Championship 2023, requires to be granted
imprimatur by this Court; or if it is the team selected by the
'Sports Council' thereafter, which deserves to be approved.
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
10. It is needless to say that the first among the afore
issues is the genesis of the controversy in these cases; and
Sri.R.Lakshmi Narayan - learned counsel appearing for the
petitioners in W.P.(C) No.31063/2022, vehemently argued
that when his clients made specific averments against
respondents 6 and 7 therein and explained how the elections
conducted in the "Kerala Hockey" were illegal and unlawful,
the "Sports Council" had a duty, under the Kerala Sports Act,
2000 (for short 'the Act'), to conduct an enquiry and to
disaffiliate them peremptorily. He submitted that the failure
of the "Sports Council" to do so, has created the rest of the
controversies impelled in these cases because, they ought
have resolved it in the year 2022 itself, soon after the report
of the Receiver - appointed by them to oversee the elections -
had been received by them, as early as on 16.07.2022. He,
therefore, reiteratingly prayed that the reliefs sought in W.P.
(C) No.31063/2022 be granted.
11. Before I proceed further with the afore writ petition,
I must record that it is also available from the files that two
other players had earlier approached this Court, by filing W.P.
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
(C) No.21601/2023, seeking that the representation made by
them before the "Sports Council" be disposed of, before the
continued affiliation to the "Kerala Hockey" was considered by
them. This writ petition was disposed of by a learned Judge
of this Court, through the judgment dated 04.07.2023,
directing the "Sports Council" to do so, after affording the
parties necessary opportunities of hearing.
12. However, it transpires that, in spite of the said
conclusive directions, no action was taken by the "Sports
Council"; which compelled a learned Judge of this Court to
issue an interim order in W.P.(C) No.31063/2022 on
17.08.2023, in the following manner:
"It is submitted by the counsel for the
petitioner that as per the judgment dated
04.07.2023 in W.P.(C.) No. 21601/2023, this Court
directed the Kerala Sports Council to conduct a
hearing in a representation submitted by the writ
petitioner in that case. The counsel for the
petitioner submitted that till orders are passed as
directed by this Court in the above judgment, the
affiliation shall not be given to the 5 th respondent.
I think that prayer can be allowed.
Therefore, till final orders are passed by this
Court as directed in the judgment dated
04.07.2023 in W.P.(C.) No. 21601/2023, the
affiliation to the 5th respondent-Society shall be
deferred."
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
13. However, as I have already said above, even before
the afore order, the "Kerala Hockey" conducted the State
Championship and prepared the "Provisional Selection List";
and they now assert, through their counter pleadings in these
matters, that a further championship was held by them from
18.10.2023 to 23.10.2023 at Thrissur, in which 18 persons
were selected for participating in the National Championship,
along with four reserved candidates. They also assert that,
out of these 18 persons, two from the Kollam Sports Hostel
were allowed to continue their coaching at Kollam; while the
others were included in a coaching camp which was held
between 25.10.2023 and 10.11.2023. They add that, in this
State Coaching Camp, national players by name Sri.Sayo V.S.
and Sri.Firoz Therath were included as trainers and that
therefore, the selected players are in top form, to participate
in the National Championship.
14. Au contraire, the "Sports Council" says that, apart
from the afore assertions, there is nothing to show that any of
the players included in the 'Provisional Selection List' had
undergone any coaching, or had been subjected to a further
championship; and hence that they had no other option, but
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
to act under certain oral observations of this Court made on
02.11.2023, when these matters were listed, to ensure that a
good and trained team is selected.
15. Smt.Latha Anand explained that when her client had
specific information that the players in the "'Provisional
Selection List" had not been given any coaching, after they
were included in the said list, they were left without any other
option, but to issue communication to all the District Sports
Councils on 06.11.2023, informing them that a new State
Championship is scheduled on 12th and 13th of November,
2023, to select the best among all the candidates who would
be interested and applying - which includes those who are
earlier selected for the "Kerala Hockey" and otherwise; and
that, consequently, a team of players have been selected by
them. The learned counsel asserted very vehemently that her
client has acted well within their powers, particularly Sections
5(2)(d) and Section 31(1) of the Act, because what was
essential for them was to ensure that the best team
represents Kerala in the National Championship.
16. However, Dr.K.P.Satheesan - learned senior counsel
for "Kerala Hockey" submitted that his client's affiliation has
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
never been suspended, or much less cancelled, by the 'Sports
Council' at any time; and that they are still enjoying the
same, however, subject to some scrutiny or enquiry which
they say they propose. He submitted that even such a
scrutiny is not legally valid because, the elections were
conducted by his client under the watch of an Observer
deputed by the "Sports Council"; but that, for the time being,
his client is not insisting on any declaration to such effect.
He, however, argued that, as long as his client continues to be
the Association affiliated by the "Sports Council", and since
they have been fully recognised by the "Hockey India", their
responsibilities cannot be usurped by the "Sports Council" in
any manner. He predicated that, it is in such manner that his
clients, without being under any legal interdiction, conducted
the State Championship in June, 2023, which again was
overseen by an Observer deputed by the 'Sports Council'; and
the 'Provisional Selection List' settled.
17. Dr.K.P.Satheesan then pointed that there has been
no objection to this list by the "Sports Council" at any time,
including today; but that the only objection taken by them is
that the players selected therein were not given proper
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
coaching. He asserted that this is far from true and that, as
already said above, they were subjected to intensive
coaching, as also to certain championships in between, to be
selected in the Final Team for the National Championship. He
thus argued that the actions of the "Sports Council", virtually
countermanding the 'Provisional Selection List', is without any
authority in law; and then, in further selecting a Team of their
own choice without following the applicable Regulations or
Guidelines in the eleven tower of the National Championship,
is deleterious to the sport itself because, such a team will
never have the cohesion or the synergy to work as one, being
denied enough time for practicing as a unit. He thus
reiteratingly prayed that the Final Team selected by his client
be permitted to participate in the National Championship.
18. Sri.S.Sreekumar - learned Senior Counsel
appearing for "Hockey India" adopted most of the submissions
of Dr.K.P.Satheesan as afore, and unreservedly admitted that
his client has recognized the elections to the "Kerala Hockey",
finding it to be without any error. He submitted that his client
is the National Federation, to which all State Units are to be
affiliated; and that it is only such, who can be then allowed to
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
operate in a State, whether they are recognized by the
"Sports Council" or otherwise. He argued that, if a case is
taken, where a State Unit is recognized by the "Sports
Council", but not by his client, they would not be able to
operate at all, particularly with respect to the selection or
sending of teams for National Championship because, same
is conducted by them, under the applicable Rules and
Regulations. He added that, however, "Hockey India" does
not stand in the way of an enquiry being conducted by the
"Sports Council" into the elections conducted in "Kerala
Hockey", but that unless an order had been issued by them -
either suspending or cancelling their affiliation - it was
impermissible for them to conduct a selection of their own,
since they have no such authority, either under the 'Act' or
under the Regulations.
19. Sri. Santhan V. Nair - learned counsel for the
petitioners in WP(C) No.34913/2023, submitted that his
clients had participated in the National Championship held by
"Kerala Hockey", culminating in "Provisional Selection List",
but conceded that they were not included therein. He
submitted that, therefore, his clients have no other option,
but to plead that the "Provisional Selection List" prepared by
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
an 'unaffiliated or suspended Association' (sic) like "Kerala
Hockey" be set aside, and that "Sports Council" be directed to
conduct fresh selection, so as to constitute a new Team. He,
thus, supported the actions of the Sports Council, in issuing
their letter dated 06.11.2023 and in conducting
Championships thereafter, leading to constitution of the Final
Team; and prayed that players therein be allowed to
participate in the National Championship.
20. Sri.Thomas Abraham - learned counsel appearing
for the petitioners in WP(C) No. 37582/2023, submitted that
his clients are players who are included in the "Provisional
Selection List" prepared by the "Kerala Hockey", and
subsequently included in the Final Team selected by them. He
pointed out that, even though his clients obtain legitimate
expectations in law to be able to participate in the National
Championship, and though their rights to do so are
indefeasible, the "Sports Council" has acted in violation of the
same, without affording them, or any other player, an
opportunity of being heard, while issuing a letter dated
06.11.2023 and then proposing a new Championship, so as
to constitute a New Team; which, he also asserted, would
certainly lack cohesion and synergy on account of the fact
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
that they were not able to practice sufficiently as a unit
thereafter. He argued that, on the contrary, the petitioners in
this case, as also other members of the team selected by the
"Kerala Hockey", had been trained and coached together for
the last several months and are in the top of their form; and
hence, that if they are to be now denied the prestige of
participating in the National Championship, it would cause
them extreme prejudice and irreparable detriment.
21. Sri.T.G.Sunil - learned counsel appearing for the
party respondents in WP(C) No. 34913/2023, adopted the
afore submissions of Sri.Thomas Abraham; and argued that
there is absolutely no reason why his clients - included in the
team settled by the "Kerala Hockey" - should be denied
opportunity to participate in the National Championship.
22. The afore rival submissions of the parties render
the position without much dispute. As is evident therefrom,
the facts involved are not greatly in contest.
23. It is without doubt that elections were conducted to
the "Kerala Hockey" on 15.05.2022 and was overseen by an
Observer deputed by the "Sports Council". It is stated that
said Observer has filed a report before the Sports Council on
16.07.2022 - being nearly two months thereafter, raising
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
certain concerns regarding the elections; and on this basis,
the petitioner in WP(C) No.31063/2022 impels prayers as
made therein.
24. However, it is again without any contest that the
"Sports Council" has not completed their enquiry against
elections, nor have they issued any order suspending the
affiliation of "Kerala Hockey", much less cancelling it; and
that, as matters now stand, they still enjoy an affiliation. This
is expressly admitted to by Smt.Latha Anand, when this Court
posed a pointed question to her. She, however, argued that,
on account of the subsequent interim order of this Court,
dated 17.08.2023 in WP(C) No. 31063/2022, it must be
construed that affiliation of the "Kerala Hockey" has been
suspended. I do not propose to answer this, it being the
interim order issued by another learned Bench; but it must be
borne in mind that this order was issued much after the
"Provisional Selection List" had been prepared by the "Kerala
Hockey". This select list has not been objected to by the
"Sports Council" even in these proceedings, and they admit
that their Observer had found it to be prepared without any
error or mistake.
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
25. In the afore perspective, this Court is now called
upon to consider what action should be directed to be taken
by the "Sports Council" qua the elections relating to "Kerala
Hockey" and which of the teams are to be now permitted for
the National Championship.
26. On the first of the afore, there can be little doubt
that "Sports Council" is at liberty to complete the
proceedings they have initiated, based on the report of their
Observer, who was present in the elections of the "Kerala
Hockey"; but that this will have to be done quickly and
strictly, hearing all sides.
27. The irony is that if the "Sports Council" had
completed their actions earlier, without having waited for
nearly one and half years after the elections, the latter limb of
the controversy would have never arisen. It is their inaction
in the matter, which has led to the disputes regarding the
Teams; but here again, as I have already said above, they
have acted only at the eleventh hour.
28. Coming to the question of the teams, it is
indubitable from the afore narrative that, when "Kerala
Hockey" prepared their "Provisional Selection List", there was
absolutely no interdiction against them from acting as the
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
affiliated Association. It is without any doubt that, "Hockey
India" had already recognized them, as affirmed by their
learned Senior Counsel - Sri.S.Sreekumar; and it is also
virtually conceded that, even when the afore extracted
interim order was issued by this Court in WP(C)
No.31063/2022, their affiliation with the "Sports Council" was
continuing. It is a different matter altogether, whether said
interim order would, nevertheless, operate to suspend the
affiliation of the "Kerala Hockey", since that could have been
done only by the "Sports Council" following the procedure
under the Act. This is highly unlikely and hence, for all
practical purposes, said order had no effect on the affiliation
of the "Kerala Hockey", except that the actions of the "Sports
Council" came to be delayed after it.
29. In the afore scenerio, the "Kerala Hockey" acted as
per their authority, in having settled the "Provisional Selection
List"; and as said multiple times earlier, the "Sports Council"
did not have any objection to it at all, because their Observer
also participated in it. They raised an objection much later in
November 2023, saying that they were alerted by an alleged
oral observation of this Court made on 02.11.2023, that the
players selected by the "Kerala Hockey" did not obtain enough
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
match practice. For this, they rely upon certain documents
produced along with their counter pleadings in WP(C)
No.37508/2023, to show that some of the players in the team
were, in fact, at Bangalore, to participate in the Karnataka
State Hockey Championships. Even if any veracity could be
attached to this - which is sought to be substantiated through
Ext.R1(e) produced in WP(C) 37508/2023 - the fact remains
that even then the players were actually playing, and not
whiling away their time.
30. It is pertinent that, on the singular allegation -
however, without mentioning it in their proceedings dated
06.11.2023 - the "Sports Council" then called for a fresh State
Championship, knowing fully well that the National
Championship is to commence on 17.11.2023; and then
conducted it on 12.11.2023 and 13.11.2023, thus finalising a
new Team on 13.11.2023. It is needless to expatiate that the
players so identified would never be able to train together
before the National Championship was to commence; and one
fails to understand what the "Sports Council" intended to
achieve through this exercise. I say as afore because, if they
really wanted to find out whether the players who were
included in the "Provisional Selection List" were in form and in
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
good physical condition, they could have subjected them to a
fresh evaluation, instead of having to call for a new State
Championship, and that too, less than a week before the
National Championship is to commence .
31. In any event, as seen above, it was unnecessary
for the "Sports Council" to have intervened, when they
admitted and accepted the "Provisional Selection List", which
was prepared by the "Kerala Hockey", in their Observer's
presence and to his satisfaction.
32. For the afore said reasons, I cannot find favour
with the argument of Sri.Santhan V. Nair either, because his
clients are now trying to snatch a benefit which they were
unable to obtain when the earlier championship was held. It
is ineluctable, even going by their own admissions, that they
participated in the State Championship conducted by the
"Kerala Hockey" in June 2023, but were not included in the
"Provisional Selection List"; and did not act until they filed
WP(C) No.34913/2023, on 20.10.2023, seeking that a fresh
championship be held and that too, by "Sports Council". I am
afraid that this Court cannot find favour with such endeavour
of the petitioners, nor with the contentions of their learned
counsel.
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
33 . As a corollary, the arguments of Sri.Thomas
Abraham, supported by Sri.T.G.Sunil, certainly obtains my
favour.
In the afore circumstances, these Writ Petitions are
disposed of as under:
a). WP(C) No.31063/2022 is allowed, leaving liberty
to the 3rd respondent - Sports Council to conduct any
enquiry that they may deem fit, under the Statutory
Scheme qua the elections conducted to the "Kerala
Hockey", adverting to all relevant and germane inputs,
including the report of their Observer, and after affording
necessary opportunity to both sides and to every person
who is interested of being heard; thus culminating in an
appropriate order and necessary action thereon, as
expeditiously as is possible.
b) WP(C) No.37508/2023 is allowed and the team
selected by the "Kerala Hockey" is allowed to
participate in the National Championship.
c) WP(C) No.37582/2023 is allowed, in terms of the
directions (b) above.
d) WP(C) 34913/2023 is consequently dismissed.
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
Since this is a long judgment, which may require, in all
probabilities, a day or two for its issue, I request Sri.Sachin
Jacob Ambat - learned Counsel for "Hockey India", to instruct
his client to intimate the afore directions to the Organizers of
the National Championship forthwith.
SD/- DEVAN RAMACHANDRAN,
JUDGE
stu/lsn
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
APPENDIX OF WP(C) 34913/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT DATED 17.8.2023 IN WPC
NO. 31063/2022
Exhibit P2 TRUE COPY OF THE NOTICE NO.
HI/NC/2023/10/01 DT. 13.10.2023 ISSUED
BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
19.10.2023 SUBMITTED BEFORE THE 1ST
RESPONDENT ALONG WITH ITS POSTAL
RECEIPT DATED 19.10.2023
Exhibit P4 TRUE COPY OF THE EXTRACT OF THE EMAIL
DATED 19.10.2023 SENT TO THE EMAIL
ADDRESS OF THE SECRETARY OF THE 1ST
RESPONDENT
Exhibit P5 TRUE PHOTOSTAT COPY OF THE LETTER
KH/HINC/SM/007/2023 DATED 21.10.2023
ISSUED BY THE 5TH RESPONDENT SOUGHT TO
BE IMPLEADED
Exhibit P6 TRUE COPY OF THE NOTICE DATED
6.11.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER NO.
KSSC/C1/6377/2023 DT. 7.11.2023 ISSUED
BY THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE REPORT DATED
13.11.2023 PREPARED BY THE TOURNAMENT
DIRECTOR
Exhibit P9 TRUE COPY OF THE LIST OF PLAYERS DATED
13.11.2023 SELECTED FOR PARTICIPATING
IN THE NATIONAL CHAMPIONSHIP AS
NOTIFIED IN EXHIBIT P2
RESPONDENTS
NIL
EXHIBITS
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
APPENDIX OF WP(C) 37508/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE REPORT GIVEN BY THE
OBSERVER OF THE 1ST RESPONDENT DATED
15-05-2022
Exhibit-P2 TRUE COPY OF THE FORM 15 DECLARING
THE RESULTS OF ELECTION SIGNED BY THE
OBSERVER OF THE KERALA OLYMPIC
ASSOCIATION
Exhibit-P3 TRUE COPY OF THE LETTER WRITTEN BY
THE 1ST RESPONDENT TO ONE OF THE
MEMBERS TO FUNCTION AS THE OBSERVER
IN THE SELECTION PROCESS DATED 11-01-
Exhibit-P4 TRUE COPY OF THE LETTER WRITTEN BY
THE 1ST RESPONDENT TO ONE OF ITS
MEMBERS TO FUNCTION AS THE OBSERVER
IN THE SELECTION PROCESS DATED 16-02-
Exhibit-P5 TRUE COPY OF THE LETTER WRITTEN BY
THE 1ST RESPONDENT TO ONE OF ITS
MEMBERS TO FUNCTION AS THE OBSERVER
IN THE SELECTION PROCESS DATED 27-06-
Exhibit-P6 TRUE COPY OF THE MINUTES OF THE
SELECTION COMMITTEE HELD ON 27-06-
Exhibit-P7 TRUE COPY OF THE ENTRY FORM SENT BY
THE PETITIONER TO THE 3RD RESPONDENT
DATED 5-11-2023
Exhibit-P8 TRUE COPY OF THE COMMUNICATION NO.
K.S.S.C/C1/6377/2023 DATED 6-11-2023
ISSUED BY THE 1ST RESPONDENT TO ALL
THE DISTRICT SPORTS COUNCILS
Exhibit-P9 TRUE COPY OF THE ORDER NO.
K.S.S.C/C1/6377/2023 DATED 7-11-2023
ISSUED BY THE 1ST RESPONDENT
Exhibit1-P10 TRUE COPY OF THE FIXTURE FOR THE 13TH
HOCKEY INDIA SENIOR MEN NATIONAL
CHAMPIONSHIP SCHEDULED TO BE HELD AT
CHENNAI FROM 17TH TO 28TH NOVEMBER
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
2023 PUBLISHED BY THE 3RD RESPONDENT
Exhibit -P11 A LIST OF KERALA HOCKEY - EXECUTIVE
COMMITTEE MEMBERS
RESPONDENT EXHIBITS
Exhibit R1 (f) True copy of the fixtures of the
Karnataka State Hockey C Division
League Championship 2023-24
Exhibit R1 (g) True copy of the Statement of Mess
Attendance of Men s Hockey Students
for the month of October 2023
Exhibit R1 (h) True copy of the covering letter
dated 14/11/2023 containing the entry
form submitted by this respondent
Exhibit R1 (a) True copy of some of the reports
published in various dailies
regarding conduct of selection trials
Exhibit R1 (b) True copy of the Championship Report
for the Senior State Hockey
Championship (Men) held at Kollam on
12/11/2023 and 13/11/2023
Exhibit R1 (c) True copy of the list of players
selected to represent Kerala in the
Senior National Hockey Championship
and the list of reserve players
Exhibit R1 (d) True copy of the message circulated
through whatsapp
Exhibit R1 (e) True copy of the Letter submitted by
the Secretary of the Ashco Hockey
Club dated 15/11/2023
Exhibit R1 (i) True copy of the letter dated
15/11/2023 issued by the Hockey India
Exhibit R1 (j) The details of the office bearers of
the petitioner association
Exhibit R1 (k) True copy of the letter dated
15/11/2023 submitted by a player
selected by the petitioner to the
effect that no coaching camp was held
from 18th to 23rd October 2023
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
APPENDIX OF WP(C) 37582/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ENTRY FORM
SUBMITTED ONLINE ON 05/11/2023 TO THE
2ND RESPONDENT
EXHIBIT P2 THE TRUE COPY OF THE DOCUMENT
EVIDENCING THE PUBLISHED RESULTS OF
THE 8TH HOCKEY SENIOR MEN STATE
CHAMPIONSHIP 2022-23
EXHIBIT P3 THE TRUE COPY OF THE PROVISIONAL LIST
OF PLAYERS DATED 27/06/2023 SELECTED
FOR ATTENDING THE COACHING CAMP
EXHIBIT P4 THE TRUE COPY OF THE MINUTES OF THE
SELECTION COMMITTEE HELD FROM
24/06/2023 TO 27/06/2023 WHICH IS ALSO
COUNTER-SIGNED BY THE AFORESAID
OBSERVER OF THE KERALA STATE SPORTS
COUNCIL
EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION
NO.K.S.S.C/C1/6377/2023 DATED
06/11/2023 ISSUED BY THE SECRETARY OF
THE 1ST RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE EMAIL
COMMUNICATION SENT BY THE COUNSEL FOR
THE 1ST RESPONDENT TO THE KERALA STATE
SPORTS COUNSEL
EXHIBIT P7 THE TRUE COPY OF THE SAID ORDER
NO.K.S.S.C/C1/6377/2023 DATED
07/11/2023 ISSUED APPARENTLY TO THWART
ALL THE SYSTEMATIC SELECTION AND
CONSEQUENTLY TRAINING
RESPONDENTS
NIL
EXHIBITS
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
APPENDIX OF WP(C) 31063/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RULES AND
REGULATIONS OF HOCKEY INDIA,
DOWNLOADED FROM THE WEBSITE
Exhibit P2 THE TRUE COPY OF THE LATEST BYELAW OF
5TH RESPONDENT, DOWNLOADED FROM THE
WEBSITE
Exhibit P3 THE TRUE COPY OF REPRESENTATION DATED
13.7.2022, SUBMITTED BY PETITIONERS
ALONG WITH ONE ANOTHER PERSON BEFORE
COMMITTEE OF ADMINISTRATORS APPOINTED
BY HON'BLE HIGH COURT OF DELHI
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
DATED 21.6.2022, SUBMITTED BY HOCKEY
PLAYERS, WHICH INCLUDES THE
PETITIONERS ALSO, TO THE HON'BLE
MINISTER FOR DEPARTMENT OF SPORTS AND
YOUTH AFFAIRS
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
DATED 21.6.2022 SUBMITTED BY HOCKEY
PLAYERS, WHICH INCLUDES PETITIONERS
ALSO BEFORE \ PRESIDENT OF THE KERALA
SPORTS COUNCIL
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
14.7.2022 IN WA NO. 858 OF 2022 OF
THIS HON'BLE COURT
Exhibit P7 THE TRUE COPY OF LIST OF ELECTORAL
COLLEGE DATED 15.9.2022 PUBLISHED BY
4TH RESPONDENT, DOWNLOADED FROM
WEBSITE OF HOCKEY INDIA
Exhibit P8 THE TRUE COPY OF THE APPOINTMENT
LETTER DATED 9.5.2022 ISSUED BY THE
3RD RESPONDENT TO SRI. KARAMANA HARI
Exhibit P9 THE TRUE COPY OF THE REPORT DATED
16.7.2022 SEND BY SRI. KARAMANA HARI,
TO THE SECRETARY OF THE THE 3RD
RESPONDENT
Exhibit P10 THE TRUE COPY OF THE LETTER DATED
5.8.2022, ISSUED BY THE PRINCIPAL
SECRETARY OF SPORTS AND YOUTH AFFAIRS
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
DEPARTMENT, TO THE SECRETARY, KERALA
STATE COUNCIL, THIRUVANANTHAPURAM
Exhibit P11 THE TRUE COPY OF THE LETTER DATED
23.9.2022 SUBMITTED BY THE 2ND
PETITIONER TO RETURNING OFFICER OF
4TH RESPONDENT
Exhibit P12 THE TRUE COPY OF THE JUDGMENT DATED
19.1.2022 IN W.P.(C) NO. 3447/2019 OF
THE HON'BLE HIGH COURT OF MADRAS
Exhibit P -13 TRUE COPY OF THE APPLICATION DATED
13.4.2023 SUBMITTED BY THE 2ND
RESPONDENT, UNDER THE RIGHT TO
INFORMATION ACT, TO THE PUBLIC
INFORMATION OFFICER OF KERALA STATE
SPORTS COUNCIL
Exhibit P-14 THE TRUE COPY OF THE COMMUNICATION
DATED 30.6.2023 ISSUED BY THE PUBLIC
INFORMATION AND JUNIOR SUPERINTENDENT
(ADMIN.) OF THE KERALA STATE SPORTS
COUNCIL, TO THE 2ND PETITIONER
Exhibit P- 15 THE TRUE COPY OF THE COMMUNICATION
FROM THE CPIO . HOCKEY INDIA, DATED
8.6.2023 ISSUED IN RESPONSE TO THE
APPLICATION DATED 6.5.2023, UNDER
RIGHT TO INFORMATION ACT
Exhibit P-16 THE TRUE COPY OF THE LETTER DATED
27.7.2023 ISSUED BY SPORTS COUNCIL OF
KERALA TO THE GENERAL SECRETARY,
KERALA HOCKEY
Exhibit P- 17 THE TRUE COPY OF THE LETTER DATED
1.8.2023 ISSUED BY THE KERALA SPORTS
COUNCIL TO ALL DISTRICT SPORTS
COUNCILS IN KERALA
RESPONDENT EXHIBITS
Exhibit-R3(a) True copy of report dated 16.7.2022
submitted by the observer
Exhibit- R3(b) True copy of proceedings No.
KSSC/C1(2)/4902/22 dated 7.10.2022
Exhibit-R5(a) True copy of the Report given by the
Observer of the Kerala State Sports
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
Council dated 15-05-2022
Exhibit-R5(b) True copy of the report given by the
Member and Observer to the Kerala
State Sports Council dated 16-07-2022
Exhibit-R5(c) True copy of the Form 15 declaring
the results of election signed by the
Observer of Kerala Olympic
Association
Exhibit-R5(d) True copy of the request made by the
Kerala Hockey dated 25-04-2022
Exhibit-R5(e) True copy of the reply given by
Hockey India dated 2-5-2022
Exhibit-R5(f) True copy of the report of the
returning officer dated 20-05-2022
Exhibit -R5(g) TRUE COPY OF THE NOTICE NO.
K.S.S.C./D2/4362/2023 DATED 5-9-2023
ISSUED BY THE SECRETARY, KERALA STATE
SPORTS COUNCIL
EXHIBIT R 6(a) True copy of the judgment in W.P.(c)
no.21999 of 2019 dated 21-01-2021
EXHIBIT R 6(b) True copy of the report of the
Returning Officer conducting the
election to the Executive Council for
the period of 2022 to 2026 dated 20-
05-2022
EXHIBIT R 6(c) True copy of Report dated 15-05-2022
issued by the Kerala State Sports
Council
EXHIBIT R 6(g) True copy of the report of the
Returning officer for conducting the
election to the board and Executive
Committee members on 01- 10-2022
EXHIBIT R 6(h) True copy of the declaration of
Results dated 01-10-2022
EXHIBIT R 6(d) True copy of email dated 25-04-2022
send by the observer for the election
to the 4th respondent
EXHIBIT R 6(e) True copy of email reply dated 02-05-
2022 issued by the 4th respondent in
WP(C) Nos.31063/2022, 34913/2023,37582/2023 & 37508/2023
reply to Exhibit.R6(d)
EXHIBIT R 6(f ) True copy of the list of member units
of the 5th respondent to the 4th
respondent for approval
Exhibit R6(i) TRUE COPY OF THE PROCEEDINGS NO.
K.S.C/A3/3230/2015 DATED 14-08-2017
Exhibit R6(j) TRUE COPY OF W.P.(C).NO.21601 OF 2023
Exhibit R6(k) TRUE COPY OF JUDGMENT IN W.P.
(C).NO.21601 OF 2023 DATED 04-07-2023
Exhibit R6(l) TRUE COPY OF THE NOTICE DATED 21-08-
Exhibit R6(m) TRUE COPY OF THE LETTER DATED 05-09-
TRUE COPY
P.A TO JUDGE
stu/lsn
