Allowed

Midhun K v. Kerala Sports Council

Kerala HC13 Nov 2023WP(C)/6546/2023

Case brief

AI extract

What is this about?

The Court allowed a writ petition wherein the petitioner sought attestation of sports certificates by the Kerala Sports Council. The Court declined to adjudicate merits pending and directed the Council to entertain and dispose of the pending representation within one month after hearing the petitioner.

What did the court decide?

Petitioner's Writ Petition allowed. The 1st respondent directed to entertain Ext.P7 representation and dispose of it after hearing the petitioner within one month of the judgment date.

Midhun K Vs Kerala Sports Council — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

MONDAY, THE 13^TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945

¶5

WP(C) NO. 6546 OF 2023

¶6

PETITIONER:

¶7

MIDHUN K AGED 33 YEARS, S/OV KRISHNAN SREEVILASAM HOUSE, KARAYAMBADI P.O MEENANGADI, WAYANAD., PIN - 673591

¶8

BY ADVS. BONNY BENNY VISHNU NARAYANAN BEJOY JOSEPH P.J. GOVIND G. NAIR SABU THOMAS

¶9

RESPONDENTS:

¶10

1 KERALA SPORTS COUNCIL THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695001

¶11

2 KERALA PUBLIC SERVICE COMMISSION PATTOM.P.O,THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY, PIN - 695004

¶12

3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT (GENERAL ADMINISTRATION SERVICE) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

¶13

BY ADV SMT. LATHA ANAND, STANDING COUNSEL

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO.6546 OF 2023

¶16

¶17

JUDGMENT

¶18

The petitioner seeks a direction to the 1^st respondent – Kerala Sports Council, to attest his certificates obtained in the 'All India Inter NIT Sports Meet'; and says that he has preferred Ext.P7 representation before the 1^st respondent for such purpose. He, therefore alternatively prays that said respondent be directed to take up Ext.P7 representation and dispose it of, within a time frame to be fixed by this Court.

¶19

Smt.Latha Anand – learned Standing Counsel for

¶20

the Kerala Sports Council, in response, submitted that, if the petitioner only requires Ext.P7 representation to be taken up and disposed of in terms of law, there is no legal impediment for the Authority in doing so; however, praying that this Court may not make any affirmative declarations in his favour in this judgment, and leave it to be appropriately decided by the said Authority, in terms of law. She added that she is making the afore submission because, the petitioner's plea, that his certificates obtained in the 'All India Inter NIT Sports Meet' be countersigned by the 1^st respondent, does not prima facie appear to be tenable because, said competitions are not

¶21

WP(C) NO.6546 OF 2023

¶22

¶23

recognised by her client.

¶24

I do not propose to enter into the merits of any of the rival contentions at this stage because, the petitioner's representation is still pending and since no orders on it have been issued by the 1^st respondent until now.

¶25

In the afore circumstances, I allow this Writ Petition and direct the 1^st respondent to take up Ext.P7 representation of the petitioner and dispose it of, after hearing the petitioner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

¶26

Sd/- DEVAN RAMACHANDRAN, JUDGE

¶27

lsn

¶28

WP(C) NO.6546 OF 2023

¶29

¶30

APPENDIX OF WP(C) 6546/2023

¶31

PETITIONER EXHIBITS

¶32

Exhibit P1 THE PHOTOSTAT COPY OF THE CERTIFICATE NO.A-2020-0831 ISSUED BY THE NATIONAL INSTITUTE OF TECHNOLOGY CALICUT DATED 28.11.2020 Exhibit P2 THE PHOTOSTAT COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE NATIONAL INSTITUTE OF TECHNOLOGY, KARNATAKA FOR ALL INDIA INTER NIT SPORTS FOR THE YEAR 2011-12 Exhibit P3 THE PHOTOSTAT COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT FOR ALL INDIA INTER NIT CHAMPIONSHIP FOR THE YEAR 2015 Exhibit P4 THE PHOTOSTAT COPY OF THE G.O. (MS)NO.129/2012/GAD DATED 30.05.2012 ISSUED BY THE GOVERNMENT OF KERALA Exhibit P5 THE WEBPAGE EXTRACT OF THE 2ND RESPONDENT WEBSITE HTTPS://WWW.KERALAPSC.GOV.IN/ Exhibit P6 THE PROFILE OF THE PETITIONER IN THE WEBSITE OF 2ND RESPONDENT Exhibit P7 THE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 26.12.2022 Exhibit P8 THE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, KOZHIKODE DATED 27.12.2022

¶33

RESPONDENTS EXHIBITS: NIL

¶34

TRUE COPY

¶35

P.A TO JUDGE

¶36

LSN

Midhun K v. Kerala Sports Council

Case brief

What is this about?

What did the court decide?

Midhun K v. Kerala Sports Council

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mr. Zainul Abidheen alias Kunjutty Vs the Federal Bank Ltd.

Joobin. K Vs State of Kerala

Raiju K. Y Vs State of Kerala

Muhammed Rafeek Vs State of Kerala

George P.A Vs State of Kerala

Sreekuttan T Vs Station House Officer