Disposed

Gabriel E. Joseph, v. the Ministry of Youth Affairs and Sports

Kerala HC22 Aug 2022WP(C)/8490/2020

Case brief

AI extract

What is this about?

In a writ petition concerning the non-consideration of the petitioner's name for the Dronacharya Award, the Court observed that while the petitioner's remedy lies in challenging the committee's decision, the non-communication of the decision and proceedings disables him from doing so. The Court directed respondents to provide copies of the decision and proceedings.

What did the court decide?

Directed respondents 1 and 3 to make available a copy of the selection committee's decision and the proceedings based on which the decision was arrived at.

Gabriel E. Joseph, Vs the Ministry of Youth… — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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MONDAY, THE 22^ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944

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WP(C) NO. 8490 OF 2020

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PETITIONER:

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GABRIEL E. JOSEPH, AGED 79 YEARS S/O. GABRIEL J. BEEMER, SPORTSVIN, KSV 115,TC 30/1632, PETTAH, THIRUVANANTHAPURAM, KERALA-695024. BY ADVS. NOBEL RAJU SRI.C.R.JAYAKUMAR SRI.P.Y.AHAMMED PHYSI

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RESPONDENTS:

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1 THE MINISTRY OF YOUTH AFFAIRS AND SPORTS, DEPARTMENT OF SPORTS, GOVERNMENT OF INDIA, NEW DELHI110001, REPRESENTED BY ITS SECRETARY. 2 MR. KIREN RIJIJU, MINISTER OF STATE FOR SPORTS, GOVERNMENT OF INDIA, MINISTRY OF YOUTH AFFAIRS AND SPORTS, ROOM NO.401, SHASTRI BHAWAN, C WING, DR. RAJENDRA PRASAD ROAD, NEW DELHI-110001. 3 THE SELECTION COMMITTEE FOR DRONACHARYA AWARD, MINISTRY OF YOUTH AFFAIRS AND SPORTS, DEPARTMENT OF SPORTS, NEW DELHI-110044, REPRESENTED BY ITS CHAIRMAN. BY ADV SRI.GIRISH KUMAR.V., CGC

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OTHER PRESENT:

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0 ASGI S.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.8490/2020

V.G.ARUN J.

W.P.(C) No.8490 of 2022

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Dated this the 22nd day of August 2022

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JUDGMENT

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Petitioner is aggrieved by the non consideration of his name for grant of Dronacharya Award which is a life time award granted to coaches who have excelled in any particular field of sports or games. In the statement filed on behalf of respondents 1 and 3 wherein it is stated as under;

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"3. It is submitted that to help the Government in finalization of awards, a National Level Selection Committee comprising of eminent sports persons/coaches/administrators is appointed. For Sports Awards 2019, the Section Committee was appointed under the Chairmanship of Hon'ble Justice(Retd.) Shri Mukundakum Sharma(Supreme Court of India). The names finalised by the Selection Committee under various categories of award are submitted to the Ministry in the form of recommendations.

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4. It is respectfully submitted that all recommendations are further scrutinized and finalised in the Ministry. As per clause 12 of 'criteria for giving Dronacharya Awards' to coaches prescribed in the scheme, the recommendation of the selection committee are placed before the Union Minister of Youth Affairs

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W.P.(C) No.8490/2020

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& Sports for the final decision.

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5. It is respectfully submitted that the nomination in respect of Shri Gabriel E. Joseph for Dronacharya(life time) Award was received by the department and placed before the Selection Committee. The selection committee has considered the name of the Petitioner along with other names placed before them. The Committee found 3 other persons from the names placed before them more suitable as per the scheme for selection. The selection committee did not recommend the name of Shri Gabriel E.Joseph. "

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The learned counsel for the petitioner contended that, in the statement, there is no mention about the procedure adopted for selecting the best person or excluding the petitioner and even a copy of the decision taken by the committee has not been communicated.

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The learned ASG submitted that the Committee was headed by none other than a retired Judge of the Hon'ble Supreme Court and decisions were taken by the Committee after due consideration of all relevant aspects.

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In my considered opinion, insofar as a decision has been taken by the duly constituted committee, the petitioner's remedy is to challenge that decision. At the same time, there is some merit in the contention of the petitioner's counsel that the petitioner is disabled from challenging the decision, since copy of the proceedings has not been

W.P.(C) No.8490/2020

communicated to him.

The writ petition is hence disposed of, directing respondents 1 and 3 to make available a copy of the decision of the selection committee, mentioned in the statement of respondents 1 to 3, along with a copy of the proceedings, if any, based on which the decision was arrived at. Once such decision is communicated, the petitioner can resort to the legal remedies available to him.

Sd/-

V .G.ARUN Judge

dpk

W.P.(C) No.8490/2020

APPENDIX OF WP(C) 8490/2020

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PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ACHIEVEMENT SYNOPSIS DRAFTED BY THE PETITIONER HIMSELF. EXHIBIT P2 A TRUE COPY OF THE COVERING LETTER DATED 18/04/2012 ISSUED BY THE AIFF TO THE 1ST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE COVERING LETTER DATED 26/02/2013 ISSUED BY THE ALL INDIA FOOTBALL FEDERATION TO THE 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE NOMINATION OF THE PETITIONER BY MR. SYED TO THE TO THE 1ST RESPONDENT IN 2014. EXHIBIT P5 A TRUE COPY OF THE NOTIFICATION DATED 07/03/2019 INVITING NOMINATIONS FOR DRONACHARYA AWARDS FOR 2019 AND ITS SCHEME. EXHIBIT P6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR DRONACHARYA 2019 ALONG WITH NARRATION BY THE DFA, THIRUVANANTHAPURAM. EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 24/12/2019 BY THE PETITIONER TO THE MINISTER OF YOUTH AFFAIRS AND SPORTS. EXHIBIT P8 A TRUE COPY OF THE REMINDER LETTER DATED 21/01/2020 BY THE PETITIONER TO THE MINISTER OF YOUTH AFFAIRS AND SPORTS. EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 22/02/2020 ISSUED TO THE 1ST RESPONDENT BY THE PETITIONER.

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W.P.(C) No.8490/2020 6

Gabriel E. Joseph, v. the Ministry of Youth Affairs and Sports

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Gabriel E. Joseph, v. the Ministry of Youth Affairs and Sports

Case brief

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