Disposed

Aswani v. Kerala State Sports Council

Kerala HC22 Jan 2021WP(C)/978/2021

Case brief

AI extract

What is this about?

Petitioners sought a writ directing the Table Tennis Federation of India to accept their names for National Championships, contending the 2nd respondent Association was the recognized body. The court noted the 4th respondent had offered wild card entry options for State Tournaments and disposed of the petition accordingly.

What did the court decide?

Writ petition disposed by permitting petitioners to approach the 4th respondent for participation in scheduled State Tournaments.

Aswani Vs Kerala State Sports Council — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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FRIDAY, THE 22ND DAY OF JANUARY 2021/2ND MAGHA, 1942

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WP(C).No.978 OF 2021(V)

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PETITIONERS:

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1 ASWANI, D/O.MURALI KAIMAL, AGED 21 YEARS,RESIDING AT KEECHERIYIL HOUSE, NEAR YMCA, ALAPPUZHA-688 001.

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2 ADARSH NANDAKUMAR, S/O.E.K.NANDAKUMAR, AGED 21 YEARS, RESIDING AT ELENTHOLIL HOUSE, MANTRIPURAM, PULLUR P.O., R.S.ROAD, IRINJALAKKUDA, THRISSUR-680 121.

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BY ADVS. SRI.K.JAJU BABU (SR.) KUM.NIHARIKA HEMA RAJ

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RESPONDENTS:

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1 KERALA STATE SPORTS COUNCIL REPRESENTED BY ITS SECRETARY, STATUTE JUNCTION, THIRUVANANTHAPURAM-695 001.

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2 KERALA TABLE TENNIS ASSOCIATION REPRESENTED BY ITS PRESIDENT, REGIONAL SPORTS CENTRE, KADAVANTHRA-682 020.

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3 TABLE TENNIS FEDERATION OF INDIA REPRESENTED BY ITS SECRETARY, 1-15, 3RD FLOOR, DSIDC COMPLEX, NEAR UDYOG NAGAR METRO STATION, ROHTAK ROAD, NEW DELHI-110 041.

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4 TABLE TENNIS ASSOCIATION OF KERALA, REPRESENTED BY ITS SECRETARY, YMCA, THIRUVANANTHAPURAM-695 001.

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WP(C)No.978/2021

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5 STATE OF KERALA REPRESENTED BY THE SECRETARY,SPORTS AND YOUTH AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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R1 BY SRI.K.ANAND (SR) R1 BY SMT.LATHA ANAND R2 BY SRI.P.B.KRISHNAN R2 BY SRI.SREEGESH M.K. R3 BY SRI.RONY JOSE R4 BY ADV. SRI.ROSHEN.D.ALEXANDER R4 BY ADV. SMT.TINA ALEX THOMAS R4 BY ADV. SHRI.HARIMOHAN G.P. SMT DEEPA NARAYANAN)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.978/2021

JUDGMENT

Dated this the 22^nd day of January, 2021

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The petitioners are before this Court seeking a writ of mandamus directing the 3^rd respondent to accept the names of the petitioners to participate in the National Level Championships as well as zonal level if they are selected to represent 'Kerala State' in the State Championship proposed to be conducted by the 2^nd respondent.

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It is evident that there is dispute relating to the 2^nd respondent and the 4^th respondent Associations, as regards their eligibility for recognition and affiliation by the Table Tennis Federation of India, the 3^rd respondent and the Kerala State Sports Council, the 1^st respondent.

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The learned counsel for the 3^rd respondent would submit that they have disaffiliated the 2^nd respondent Association and at present the 4^th respondent Association

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WP(C)No.978/2021

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alone can sponsor candidates for participation in the National Tournaments. The 2^nd respondent would contend that the proceedings initiated by the Kerala Sports Council seeking disaffiliation of the 2^nd respondent has not attained finality. The 3^rd respondent initiated arbitration proceedings against the 2^nd respondent and an ex-parte arbitral award has been passed against the 2^nd respondent. But the counsel for the 2^nd respondent would submit that the 2^nd respondent had already approached this Court for appointment of an Arbitrator and the said AR was dismissed on the issue of maintainability. The 2^nd respondent has preferred SLP before the Hon'ble Apex Court and the matter

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is pending adjudication before the Apex Court, as evidenced by Ext.P14.

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I have heard the learned counsel for the petitioners and the learned standing counsel appearing for respondents 2 to 4 and the learned Government Pleader appearing for the 5^th respondent.

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WP(C)No.978/2021

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As matters stands now, the 4^th respondent Association is the Association which has been recognised by the 3^rd respondent-Federation who is conducting the National Tournament in question. De-recognition of the 2^nd respondent is under litigation.

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The 4^th respondent filed an affidavit in the writ petition in the following lines:

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“The averments in paragraphs 7 and 8 if the writ petition are not entirely correct and hence denied. In the light of Ext.R4(n) and R4(w); the averment that without participation in the tournament proposed to be conducted by the 2^nd respondent, petitioner would not get benefits such as grace marks, quota, scholarship etc. is absolutely false and hence denied. Therefore, the apprehension of the petitions has no basis. In addition to Ext.P10 circular, TTAK has also published prospectus for the Kerala State Table Tennis Championships2020 to be held from 23^rd January to 7^th February, 2021. A true copy of the prospectus for the Kerala State Table Tennis

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WP(C)No.978/2021

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Championships is produced and marked as Exhibit R4(x). As per Ext.R4(x), TTAK has the right to accept wild card entries for each event. Therefore, petitioners are free to approach TTAK even now for making wild card entries; if they are desirous to play in State Championships”.

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The 4^th respondent has reiterated the position in the counter affidavit dated 19.01.2021. Paragraph 6 of the said counter affidavit reads as follows:

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“Petitioners could still approach TTAK to have entries to State Tournaments through wild card entries. Petitioners' reluctance to do so shows that petitioners have clear intention to take sides and their intention is not bonafide. Petitioners are acting as the stooges of the 2^nd respondent Association. Therefore, this Hon'ble Court may be pleased to accept this counter affidavit and dismiss the above interlocutory application.”

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The 4^th respondent has thus expressed willingness to permit

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the petitioners to participate in State Tournaments.

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WP(C)No.978/2021

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The eligibility of the 2^nd respondent-Association

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for affiliation with the 3^rd respondent as well as with the 1^st respondent are pending consideration before Legal Forums. In view of the fact that the 4^th respondent has come forward to sponsor the petitioners for the National Tournament, subject to their qualifying in State Tournament, I do not find it necessary to adjudicate other issues arising in this writ petition.

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In the circumstances, the writ petition is disposed of permitting the petitioners to approach the 4^th respondent for their participation in the State Tournaments scheduled to be held from 23.01.2021 to 07.02.2021. The learned Standing Counsel assures that the petitioners will be permitted to participate in State Tournaments and if they are qualified, they will be sent for National Tournament.

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Sd/-

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N. NAGARESH JUDGE

ncd

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE ACHIEVEMENTS OF THE PETITIONERS DATED NIL. EXHIBIT P2 A TRUE COPY OF THE CIRCULAR PUBLISHED BY THE 3RD RESPONDENT DATED 11.11.2020. EXHIBIT P3 A TRUE COPY OF AN INTERIM ORDER OF THIS HON'BLE COURT DATED 11.10.2019 IN W.P. (C)NO.26344 OF 2019. EXHIBIT P4 A TRUE COPY OF AN INTERIM ORDER IN W.A.NO.2387 OF 2019 DATED 27.11.2019 OF THIS HON'BLE COURT. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 11.03.2020 OF THIS HON'BLE COURT IN W.A.NO.2387 OF 2010. EXHIBIT P6 A TRUE COPY OF A LETTER DATED 02.03.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF LIST OF RECOGNIZED SPORTS ASSOCIATIONS DATED NIL ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE LETTER NO.KSSC/C1/3638/2020 DATED 19.12.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 8TH JAN. 2021 OF THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P10 A TRUE COPY OF A LETTER ISSUED BY THE 4TH RESPONDENT DATED 22.12.2020. EXHIBIT P11 A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA DATED 27.01.2020 IN MISCELLANEOUS APPLICATION NO.228/2020 IN C.A.NOS.9418-9420/2020.

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EXHIBIT P12 A TRUE COPY OF A REPLY LETTER DATED 27.08.2020 FROM THE 3RD RESPONDENT. EXHIBIT P13 A TRUE COPY OF THE COMBINED ORDER DATED 12.12.2018 IN W.A.NO.2387/2018 & W.A.NO.2405/2018 OF THE DIVISION BENCH OF THIS HON'BLE COURT.

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EXHIBIT P14 TRUE COPY OF THE ORDER DATED 10.12.2020 OF THE HON'BLE SUPREME COURT OF INDIA IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO.18947 OF 2020.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R4(a)	TRUE COPY OF THE COMMUNICATION DTD.30.09.2018 ISSUED BY TTFI
EXHIBIT R4(b)	TRUE COPY OF THE COMMON JUDGMENT
	DTD.29.11.2018 IN WP(C)NOS.32448/2018
	AND 32636/2018 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT R4(c)	TRUE COPY OF THE COMMON JUDGMENT DATED
	12.12.2018 IN W.A.NOS.2387/2018 AND 2045/2018
EXHIBIT R4(d)	TRUE COPY OF THE ORDER DATED 31.12.2018 ISSUED BY THE TABLE TENNIS FEDERATION OF INDIA
EXHIBIT R4(e)	TRUE COPY OF THE JUDGMENT DATED 24.10.2019 IN AR NO.18/2019
EXHIBIT R4(f)	TRUE COPY OF THE JUDGMENT DATED
	29.05.2020 IN R.P.NO.1033/2019 IN AR NO.18/2019
EXHIBIT R4(g)	TRUE COPY OF THE RECORD OF PROCEEDINGS
	DTD.10.12.2020 IN S.L.P.(C) DIARY NO.947/2020
EXHIBIT R4(h)	TRUE COPY OF THE INTERIM ORDER DATED 11.10.2019 IN WP(C)NO.1033/2019 ON THE FILES OF THIS HON'BLE COURT.
EXHIBIT R4(i)	TRUE COPY OF THE ORDER DTD.27.11.2019

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IN W.A.NO.2387/2019

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EXHIBIT R4(j)	TRUE COPY OF THE REQUEST
	DTD.03.10.2018 SUBMITTED BY THE TTAK
	TO THE 1ST RESPONDENT SEEKING AFFILIATION
EXHIBIT R4(k)	TRUE COPY OF THE COMMUNICATION DTD.01.02.2019 ISSUED BY 3RD RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT R4(l)	TRUE COPY OF NOTICE BEARING NO.KSSC/C1/4963/2018 DTD.18.07.2019.
EXHIBIT R4(m)	TRUE COPY OF THE REPRESENTATION DTD.25.07.2019 SUBMITTED BY TTAK BEFORE THE 1ST RESPONDENT
EXHIBIT R4(n)	TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE MEETING DTD.25.07.2019 ISSUED TO THIS RESPONDENT UNDER THE RTI ACT ON 19.11.2019.
EXHIBIT R4(o)	TRUE COPY OF THE MINUTES OF THE MEETING OF THE STANDING COMMITTEE HELD ON 26.09.2019.
EXHIBIT R4(p)	TRUE COPY OF THE NOTICE BEARING NO.KSSC/C1/6257/2019 DTD.11.10.2019 ISSUED BY THE 1ST RESPONDENT TO KTTA
EXHIBIT R4(q)	TRUE COPY OF THE JUDGMENT DTD.30.09.2019 IN WP(C)NO.28991/2019
EXHIBIT R4(r)	TRUE COPY OF THE AMENDMENT BROUGHT INTO IN RULE 60(1) OF THE KERALA SPORT RULES, BY G.O.(P) NO.2/2012/SYD
	DTD.02.03.2012 PUBLISHED AS SRO NO.172/2012 IN KERALA GAZETTE (EXTRA ORDINARY) NO.519 DTD. 17.03.2012.
EXHIBIT R4(s)	TRUE COPY OF THE PROCEEDINGS NO.KSSC/C1/6257/2019 DTD.16.12.2019.
EXHIBIT R4(t)	TRUE COPY OF THE ORDER DTD.03.03.2020 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT WITHDRAWING EXT.R3(R)ORDER
EXHIBIT R4(u)	TRUE COPY OF THE ORDER DTD.04.03.2020 IN CONTEMPT CASE (CIVIL) NO.235/2020
EXHIBIT R4(v)	TRUE COPY OF THE JUDGMENT DTD.

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29.06.2020 IN WP(C)NO.2460/2020 EXHIBIT R4(w) TRUE COPY OF THE CIRCULAR NO.KSSE/E1/2407/2020 DTD.21.08.2020. EXHIBIT R4(x) TRUE COPY OF THE PROSPECTUS FOR THE KERALA STATE TABLE TENNIS CHAMPIONSHIPS.

Aswani v. Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

Aswani v. Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

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