Dismissed

Rajesh K v. the State of Kerala

Kerala HC13 Sept 2018WP(C)/836/2015

Case brief

AI extract

What is this about?

Writ petitioners who participated in State-level mountaineering competitions sought additional marks for recruitment but were denied benefits. The Court held that certificates lacking observer counter-signatures from the Sports Council and not complying with statutory registration requirements cannot be regularized.

What did the court decide?

None; petitions dismissed without directing the respondents to act upon the certificates produced by petitioners.

Rajesh K Vs the State of Kerala — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940

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WP(C).No. 32443 of 2014

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PETITIONER/S:

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1 AJISHA M.N.

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KUTTATH HOUSE, MULANGUNNATHKAVU P.O., THRISSUR.

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2 DHANYA NANDANAN

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NADHAM HOUSE, NEAR NSS, VIYYUR P.O., THRISSUR.

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3 RAJAMANI P.K.

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KONDARAPPASSERY HOUSE, MULLASSERY P.O. THRISSUR.

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4 MINI P.R. BRAHMAMKULAM HOUSE

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ARIMBOOR P.O., NALAMKALLU, THRISSUR -680 620.

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5 SANGEETHA VALSAN P.V.

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THERAMBIL HOUSE, KOVIL ROAD, ARIMPUR P.O., THRISSUR.

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6 MINI M.V

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THAYYIL HOUSE, RAPPAL, P.O. PUDUKKAD, THRISSUR - 680 301.

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7 KAVITHA K.S. PARAPPURATH HOUSE, KAIPARAMBU, KAIPARAMBU - 680 546.

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8 MIDHUN N

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NADHAM HOUSE, P.O. VIYOOR, THRISSUR - 680 010.

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9 AJITH KUMAR K.M. KUNIYATH HOUSE, THANISSERY P.O., KIZHUVATHANY, IRINJALAKUDA, THRISSUR.

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10 BIJOY INASU

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KUNDUKULAM HOUSE, CHITTISSERY P.O., THRISSUR - 680 301.

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11 SREELAL P.C. POTTEKATT HOUSE, PAZHUVIL (W) P.O., THRISSUR - 680 564.

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WP(C).No. 32443/2014 and 836/2015

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12 ANEESH T.C. THEKKUMURY HOUSE, SEETHARAM MILL LINE, POONKUNNAM P.O., THRISSUR - 680 002.

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13 FIJOY GEORGE T. THATHARATHIL HOUSE, S.N. PARK, P.O. POOTHOLE, THRISSUR - 680 004.

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14 MIDHUN BABU V.B. VELUTHEDATH HOUSE, KOZHIKUNNU, P.O. M.G. KAVU, THRISSUR - 680 581.

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15 AJITH K. KOCHATTIL HOUSE, SITHARAM MILL LANE, POONKUNNAM, THRISSUR - 680 002.

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16 JANISH JACOB K ALOR KOKKEN HOUSE, CONVENT ROAD, ARANATTUKARA P.O., THRISSUR - 680 618.

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17 RATHISH K. KOMBIYIL HOUSE, NETHAJI LANE, P.O. CHETTUPUZHA, THRISSUR - 680 621.

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18 JAYAN M.M. MYLAPPAN HOUSE, P.O. KAINOOR, THRISSUR - 680 014.

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19 SAJAN O.V ODAYATTIL HOUSE, ELTHURUTH P.O., THRISSUR.

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20 RAJEEV V.R. VIYYATH HOUSE, P.O. KOORKANNCHERY, THRISSUR - 680 007.

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21 ASWATHY P.S. PURAVOOR HOUSE, A.M. KAVU, CHELAKKARA, THRISSUR.

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22 SANAL KUMAR M.K. MUKKALATH HOUSE, P.O. PULLAZHY, THRISSUR - 680 012.

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23 SREEKALA M. PALLISSERY KAIYALAVALAPPIL HOUSE, P.O. VELUTHUR, THRISSUR - 680012.

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24 NITHIN K. KUTTATH HOUSE, VIYYUR POST, THRISSUR -10.

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WP(C).No. 32443/2014 and 836/2015

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25 ELIZABETH SUMI THOMAS PONMANY HOUSE, VELUTHUR P.O., THRISSUR - 680012.

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BY ADVS. SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, SPORTS AND YOUTH AFFAIRS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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2 KERALA SPORTS COUNCIL REPRESENTED BY ITS SECRETARY, STATUE JUNCTION, BEHIND SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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3 KERALA MOUNTANEERING ASSOCIATION

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T.C 17/543, CHERUKAD, POOJAPURA P.O., THIRUVANANTHAPURAM - 695 012, REPRESENTED BY ITS SECRETARY.

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4 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTAM PALACE P.O., THIRUVANANTHAPURAM - 695 004.

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BY ADVS. SMT.LATHA KRISHNAN, SC, KERALA STATE SPORTS COUNCIL SRI.P.C.SASIDHARAN, SC, KPSC SRI. SUNIL KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.09.2018, ALONG WITH WP(C).836/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32443/2014 and 836/2015

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940

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WP(C).No. 836 of 2015

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PETITIONER/S:

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1 RAJESH K

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AGED 28 YEARS S/O.(LATE) REVEENDRAN M., KOMBAYIL HOUSE, NETHAJI LANE, CHETTUPUZHA P.O., THRISSUR - 680 621.

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2 SUJITHA V.S. D/O.SUKUMARAN V.K., VADAMANA HOUSE, HIGH SCHOOL LINK ROAD, THRISSUR, PUNKUNNAM P.O. - 680 002.

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3 SABARI KRISHNAN V.S. S/O.V.V.UNNIKRISHNAN, VALAPARAMBIL HOUSE, PANANGAD P.O., THRISSUR - 680 665.

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4 NAVEENKUMAR K.

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KALLATTU HOUSE, VIYYUR P.O., THRISSUR - 680 301.

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5 SAJI O.G. S/O.GOPI, ODAMPARAMBIL HOUSE, P.O.ELTHURUTH, LALOOR, THRISSUR - 680 611.

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6 MINESH M. CHANDRAN MADATHI PARAMBIL, PUTHANKADU P.O., VETTUKAAU,

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THRISSUR - 680 014. BY ADVS.

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SRI.JOHN T.PAUL SMT.ALISHA MATHEW

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SMT.P.K.RADHIKA

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SMT.RAKHI K.KUMAR

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SMT.T.U.ANUKRISHNA

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WP(C).No. 32443/2014 and 836/2015

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, SPORTS AND YOUTH AFFAIRS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2 KERALA SPORTS COUNCIL REPRESENTED BY ITS SECRETARY, STATUE JUNCTION, BEHIND SECRETARIAT, THIRUVANANTHAPURAM - 1.

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3 KERALA MOUNTAINEERING ASSOCIATION TC, 17/543, CHERUKAD, POOJAPPURA P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

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4 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTAM PALACE P.O., THIRUVANANTHAPURAM.

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BY ADVS. SMT.LATHA KRISHNAN, SC, KERALA STATE SPORTS COUNCIL SRI.P.C.SASIDHARAN, SC, KPSC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.09.2018, ALONG WITH WP(C).32443/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32443/2014 and 836/2015

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JUDGMENT

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Petitioners in both these cases are claimed to

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be sportsmen, who have contested in State level Mountaineering competitions. Their grievance is that the certificates issued to them by the Mountaineering Association, which conducted the competition is not regularised by the Kerala State Sports Council. On account of this, they are deprived of the benefit of additional marks in the selections for appointments to various posts under the Government as well as under the State Public Sector Undertakings.

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2. In W.P.(C) No.32443/2014, petitioners have produced Ext.P1 certificate, which is issued by the Kerala Mountaineering Association with Register No.308/87. It is shown as affiliated to Kerala State Sports Counsel. Certificate is to the effect that the 13^th petitioner had participated in the Kerala State Inter District State Championship 2012-13 held in the National Adventure Academy, Devikulam, Idukki from April 8^th to 9^th 2013, in the main category. The said

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WP(C).No. 32443/2014 and 836/2015

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certificate is issued by Sri.Er.Jyothiprakash as President, Sri.G. Jayakumar, Hon. Secretary and Sri.Er.D.Viswambharan, Hon.Treasurer.

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3. As per Ext.P2 Government Order issued on 11.01.1978, extra marks can be awarded to the meritorious sportsmen who possess the requisite qualification and who are within the prescribed age, in the selections conducted by the Public Service Commission for recruitment to Class III and Class IV posts. The items of sports and games for which the benefit is given, include Mountaineering also as Item No.25. It is further stated that suitable grades for extra marks will be fixed for the sportsmen who have represented the State or the Country in a National and International competition; sportsmen who have represented their Universities in the Inter-University Tournaments conducted by the Inter-University Sports Board; Sportsmen who have represented the State Schools Teams in the National Sports/Games for schools conducted by the All India School Federation; winners

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at State level competitions conducted under the

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WP(C).No. 32443/2014 and 836/2015

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auspices of the State Government/Universities in the State/the Kerala Sports Council. The percentage of marks for those who represent the District, State etc. is given separately.

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4. According to the petitioners, they are eligible for 5% of the marks towards the events in which they have participated. However, by Ext.P3 resolution the Sports Council had in its meeting held on 21.05.2013, decided that in view of the disputes prevailing with respect to the election of the office bearers of the Association, any benefits claimed through it need be granted only after resolution of the dispute.

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5. The petitioners submit that they are not

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granted the benefit of additional marks because of the dispute regarding the election of office bearers. The petitioners had submitted Ext.P4 representation before Government and thereafter approached this Court in W.P. (C) No.10567/2014 and this Court by Ext.P5 judgment disposed of the same directing Government to pass orders on their representation Ext.P4. Government

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WP(C).No. 32443/2014 and 836/2015

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thereafter called for a report from the Sports Council and passed Ext.P6 order rejecting their request stating

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that a championship or competition conducted by an approved Association having affiliation to the Kerala State Sports Council only can be approved by the Sports Council. It was stated that the Association which conducted the championship was not an Association having approval/affiliation to the Sports Council. It was stated that during the period of championship the office bearers of the Association affiliated to the Sports Council were Shri.Jyothi Prakash and Shri. Ajithlal. But in the case of petitioners, the championship was seen conducted by an Association having different office bearers. It was stated that as per the existing system of conducting championship/tournament, the same has to be informed by the District/State Sports Council and an observer would be deputed by the Council to observe the event. In all such cases certificates with counter signature of the observers of the Sports Council would be issued. Government found that the Championship in question was

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WP(C).No. 32443/2014 and 836/2015

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conducted without intimation to the District/State Sports Council and their observer was not present in the event. Moreover, the certificates issued were not bearing the counter signature of the observers of the Kerala State Sports Council. Accordingly, it was found that petitioners' request cannot be granted.

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6. Petitioners have filed this writ petition pointing out that the Championship was conducted by a recognised Association and they cannot be denied the benefit of the additional marks on account of disputes with respect to the office bearers.

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7. The respondent Sports Council has filed a counter affidavit stating that Ext.P1 certificate is not signed by the office bearers for the relevant period and no such person as per the records maintained by the Sports Council with name Sri.Jyothi Prakash and Sri.Jayakumar, who have signed in Ext.P1 certificate were office bearers of the Association for the relevant period. It was further stated that in the competition held at Munnar on 8^th and 9^th April, 2013, there was no observer from the Kerala State Sports Council and as

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WP(C).No. 32443/2014 and 836/2015

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per records there is no such Mountaineering Association recognised by Sports Council with the office bearers whose name appeared in Ext.P1 at the relevant time. It is further stated that the recognised Sports Association has to inform the District/State Sports Council as and when they are conducting any championship and the Sports Council would send an observer to observe the Championship. The certificate issued would be counter signed by the observer. They also referred to Section 46 of the Kerala State Sports Act, which mandates intimation to the Sports Council for deputation of an observer. It is stated that only a championship conducted in presence of the observer would be recognised and it would be granted funds. The respondents have also referred to the provisions contained in Regulation 4(e)(iii) of the Grant-in-Aid Regulation, according to which the Association must inform the Sports Council, the date, venue and time of the championship, two weeks prior to the championship and the Sports Council should depute an observer. Ext.R2(a) resolution passed on 18.11.2013 is also

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WP(C).No. 32443/2014 and 836/2015

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relied on. The 2^nd respondent has further stated that there are disputes prevailing between various Associations and therefore only the office bearers whose names are registered with the Sports Council would be recognised and there has been several Associations indulging in corrupt practices by issuing bogus certificates to the participants and therefore the petitioners' claim cannot be considered.

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8. The claim of the petitioners in W.P.(C) No.836/2015 is also more or less similar. The said competition was also conducted at State level after conducting the District level competition at Thrissur. The petitioner has claimed that the District level competition was conducted in presence of an observer from the Sports Council, relying on Ext.P5 certificate produced in it issued by a member of ward no.17 of Nadathara Grama Panchayath stating that the said competition was conducted in that Panchayath in March, 2013. In that case also, petitioner relies on a similar certificate as in the case of other petitioners after participating in the state level championship

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WP(C).No. 32443/2014 and 836/2015

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held at Devikulam.

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9. I have heard the learned counsel appearing on either side and considered the rival contentions.

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10. Section 56 of the Kerala Sports Act, 2000, provides for the terms and conditions for registration of State Sports Organisation. Clause (c) of Subsection (1) of Section 56 provides that the Organisation has to conduct its election of office bearers in the presence of an observer deputed by State Sports Council. It further provides in Clause (e) that State Team's selection for participation in National championships is made only from sports persons who have participated in the State Championships of the concerned sports discipline. Clause (f) provides that State Organisation has to register the names of the players once in a year with photos and identity cards to them. Clause (g) provides that the registered players alone are permitted to participate in the District, State and National Championships. Clause (h) provides that the Organisation has to submit its application for registration to the State Sports Council. Therefore

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WP(C).No. 32443/2014 and 836/2015

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even assuming that the Organisation which conducted the championship was recognised, in the absence of any material to show that the championship was conducted in presence of an observer from the Sports Council, the participants will not get any benefit. Moreover there is nothing to show that the organisation had registered the names of the players with photos and identity cards to them.

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11. The action of the respondents in insisting that the certificates should bear the signature of the office bearers as registered with them, cannot be said to be illegal, as it is for them to see that the championship is held in accordance with law and the benefits are granted to the right persons in the right manner in accordance with law. Though it is quite unfortunate, that the petitioners happened to get such certificates, when the championship itself is said to have been conducted without observers, their claim that the State Council shall certify the certificate to enable them to enjoy the additional marks provided in Ext.P2 Government Order, is unsustainable and hence no

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WP(C).No. 32443/2014 and 836/2015

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direction can be issued to the respondents to act upon the certificates produced by petitioners.

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In the above circumstances, I do not find any reason to interfere with the order passed by Government or to direct the respondent Sports Council to authorise the certificate.

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Accordingly, these writ petitions are

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dismissed.

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Sd/P.V.ASHA JUDGE

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WP(C).No. 32443/2014 and 836/2015

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WP(C).No. 32443/2014

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED TO THE 13TH PETITIONER. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 11/01/1978 ISSUED BY THE IST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 21/05/2013. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 01/02/2014 SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 09/04/2014 IN W.P(C) 10567/2014 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13/08/2014 ISSUED BY THE IST RESPONDENT.

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RESPONDENTS EXHIBITS:

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EXHIBIT R2(a) TRUE COPY OF THE CIRCULAR DATED 18.11.2013

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WP(C).No. 32443/2014 and 836/2015

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WP(C).No. 836 of 2015

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 09.04.2013, ISSUED TO THE 2ND PETITIONER. EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 21.05.2013. EXHIBIT P3 A TRUE COPY OF THE WRIT PETITION NO.10567/2014 JUDGMENT DATED 09.04.2014. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 13.08.2014. EXHIBIT P5 A TRUE COPY OF THE MEMBER CERTIFICATE DATED 10.12.2014.

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RESPONDENTS EXHIBITS:

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EXHIBIT R2(a) TRUE COPY OF THE CIRCULAR DATED 18.11.2013.

Rajesh K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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