Petitioner challenged the Kerala State Sports Council's refusal to disburse funds for gymnastics championships. The Court held the petitioner was not a recognized association under the 2013 regulations and dismissed the petition.
Writ petition dismissed; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 37947 OF 2017
PETITIONER:
KERALA STATE GYMNASTICS ASSOCIATION,
TC 27/750, ATHANI LANE, VANCHIYOOR, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, K.ADMACHANDRAN,
AGED 53 YEARS, S/O.P.KARMACHANDRAN, RESIDING AT
27/750/1,SAYOOJYAM, ATHANI LANE, VANCHIYOOR,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.M.R.HARIRAJ
SMT.G.BINDU
SRI.M.V.BALAGOPAL
SRI.P.A.KUMARAN
SMT.M.K.LEELA
SRI.K.RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF SPORTS, THIRUVANANTHAPURAM - 695 001.2 THE KERALA STATE SPORTS COUNCIL, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001.3 UNION OF INIDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF YOUTH AFFAIRS AND SPORTS, NEW DELHI - 110 011.BY ADV SRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.T.C.KRISHNA (DSGI INCHARGE)
SMT.LATHA ANAND, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37947 OF 2017
2
JUDGMENT
This writ petition has been filed challenging the action of the 2nd respondent in refusing to draw and disburse funds for having organized State and National Championships and also the funds for participation of the Kerala State Team in the national championships in the field of Gymnastics.
3
WP(C) NO. 37947 OF 2017
State and National championships in Kerala can only be considered only in terms of the norms of the Sports Council and since a unrecognized body is not entitled to release of funds, no funds were released to the petitioner. It is submitted that as per clause 4 of the Grant – In – Aid Regulations 2013 of the 2nd respondent, only recognized associations are entitled to Grant – In – Aid. It is submitted that during the relevant period, since the petitioner was not a recognized institution, it is not entitled to Grant – in – aid.
Having considered the contentions raised, I am of the view that the petitioner has not made out any case for grant of relief. It is clear from clause 4 of the Grant – In – Aid Regulations 2013 of the 2nd respondent, only recognized associations are entitled to Grant – In – Aid and the petitioner was not a recognized association at the relevant time.
The writ petition will therefore stand dismissed.
Sd/GOPINATH P. JUDGE
DK
WP(C) NO. 37947 OF 2017
4
APPENDIX OF WP(C) 37947/2017
PETITIONER EXHIBITS
EXHIBIT P1 |
A TRUE COPY OF3/2011-SP-I DATED |
THE O1/11/ |
RDER F NO.30-2011 ISSUED BY |
|---|---|---|---|
THE THIRD RESPONDEN |
T |
||
EXHIBIT P2 |
ATRUECOPYNO.KSSC/A3/1227/11ISSUED BY THE FIRST |
OFDARESP |
THELETTERTED3/1/2012ONDENT |
EXHIBIT P3 |
ATRUECOPNO.KSSC/A3/3980/12ISSUED BY THE FIRST |
YDARESP |
OFLETTERTED17/8/2012ONDENT |
EXHIBIT P4 |
ATRUECOPYNO.KSSC/A3/3972/12ISSUED BY THE FIRST |
OFDARESP |
THELETTERTED27/9/2012ONDENT |
EXHIBIT P5 |
A TRUE COPY OF THENIL SUBMITTED BY TH |
REPREE PET |
SENTATION DATEDITIONER |
EXHIBIT P6 |
A TRUE COPY OF25/6/2013 IN WPC NHONOURABLE COURT |
THEO.137 |
JUDGMENT DATED02/2013 OF THIS |
EXHIBIT P7 |
A TRUE COPY OF10/2/2014 IN WPC NO |
THE.2209 |
JUDGMENT DATED9/2013 |
EXHIBIT P8 |
A TRUE COPY OF12/5/2014 IN SAT 3APPELLATE TRIBUNAL |
THE/2014 |
ORDERS DATEDOF THE SPORTS |
EXHIBIT P9 |
A TRUE COPY OF12/5/2014 IN SAT 4APPELLATE TRIBUNAL |
THE/2013 |
ORDERS DATEDOF THE SPORTS |
EXHIBIT P10 |
A TRUE COPY OF THE26/8/2016 IN CWP 67OF THE HONOURABLEAND HARYANA. |
FINAL65/20HIGH |
JUDGMENT DATED16 ON THE FILESCOURT OF PUNJAB |
EXHIBIT P11 |
A TRUE COPY OF17/7/2015 |
THE |
LETTER DATED |
EXHIBIT P12 |
A TRUE COPY OF1/12/2015 |
THE |
LETTER DATED |
EXHIBIT P13 |
A TRUE COPY OF6/12/2015 ISSUEDFEDERATION OF INDIA |
THEFOR |
LETTER DATEDTHE GYMNASTICS |
EXHIBIT P14 |
ATRUECOPYNO.KSSC/A3/1492/16 |
OFDATED |
THEORDER11/4/2016 |
EXHIBIT P15 |
A TRUE COPY OF ORDEDATED 22/3/2017 |
R NO. |
KSSC/A3/4805/16 |
EXHIBIT P16 |
A TRUE COPY OF30/03/2017 IN WPC 3 |
THE57/20 |
JUDGMENT DATED15 |
WP(C) NO. 37947 OF 2017
5
EXHIBIT P17A TRUE COPY OF THE 53RD NATIONAL JUNIOR
ARTISTICGYMNASTICSNATIONAL
CHAMPIONSHIP (BOYS & GIRLS) BY
REPRESENTATION DATED 29/3/2013
EXHIBIT P18A TRUE COPY OF THE FINAL CLAIM FOR TA
AND DA FOR KERALA STATE TEAM FOR
PARTICIPATION IN 53RD NATIONAL JUNIOR
ARTISTICGYMNASTICSNATIONAL
CHAMPIONSHIP (BOYS AND GIRLS) BY LETTER
NO.KSGA9/13 DATED 2/2/2013
EXHIBIT P19A TRUE COPY OF THE FINAL CLAIM
STATEMENT OF INCOME AND EXPENDITURE IN
RESPECT OF THE 31ST STATE CHAMPIONSHIP
(FOR 2012-13) ALONG WITH REPRESENTATION
DATED 28/1/2013
EXHIBIT P20A TRUE COPY OF THE REPRESENTATION DATED
22/10/2013 ALONG WITH THE STATEMENT OF
INCOME AN EXPENSE
EXHIBIT P21THE TRUE COPY OF THE FINAL CLAIM FOR
STATE CHAMPIONSHIP FOR THE YEAR 2014-15
ALONG WITH THE REPRESENTATION DATED
28/12/2014
EXHIBIT P22TRUE COPY OF THE PROCEEDINGS DATED NIL
OF THE STATE SPORTS COUNCIL
EXHIBIT P23A TRUE COPY OF THE FINAL CLAIM IN
RESPECT OF THE STATE CHAMPIONSHIP FOR
2016-17 BY LETTER DATED 10/1/2017
EXHIBIT P24A TRUE COPY OF THE PROCEEDINGS
NO.5122/C1/2017 DATED 25/3/2018 ISSUED
BY THE 2ND RESPONDENT.
1 issue framed by the court
Whether the petitioner is entitled to grant-in-aid funds for organizing championships given its lack of recognition by the Sports Council at the relevant time?
1 provisions across 1 enactments
Kerala State Gymnastics Association
State of Kerala
The Kerala State Sports Council
Union of India
GOPINATH P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court