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2022 Supreme(Online)(KER) 46674
HIGH COURT OF KERALA
Devan Ramachandran, J
ABHINESH.A., – Appellant
Versus
THE VICE CHANCELLOR, KERALA UNIVERSITY, – Respondent
WP(C)/41592/2022
PRATHEESH.P ANJANA KANNATH, SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI JOSHY THANNICKKAMATTAM-GP
Individuals must be heard before decisions affecting their eligibility in sports are made, emphasizing fair administrative procedures.
Headnote:
Eligibility - Sports Participation - University Regulations - Section 1, 2
Fact of the Case:
The petitioners, accomplished in boxing at University and State levels, were refused sponsorship by Kerala University to attend the National Championship despite some being deemed eligible based on past performance. The petitioners challenged the refusal, asserting their credentials for reevaluation.
Finding of the Court:
The court found merit in the petitioners' arguments and emphasized the necessity of hearing the petitioners before denying them the opportunity to participate, leading to a directive for the University to reassess their eligibility.
Issues: Whether the University properly evaluated the eligibility of the petitioners for the National Championship and whether the petitioners were afforded a fair chance to present their credentials.
Ratio Decidendi: A decision impacting eligibility for participation in sports must be based on fair evaluation procedures, which include the right to be heard, especially when previous participation is claimed.
Final Decision: The petitioners are to be reassessed for eligibility after being heard.
JUDGMENT
The petitioners say that they are accomplished in Boxing, both at the University and State Levels; but allege that they have been refused permission to attend the National Championship by the Kerala University. They thus pray that said University be directed to sponsor their names also, for the Championship, which is to begin in the next week or so.
2. Sri.Thomas Abraham – learned Standing Counsel for the Kerala University, submitted that, though none of the petitioners are fully eligible to be considered for the National Championship, assessing their past performance, as per Annexure R1(a) Hand Book of the Department of Physical Education, 1,3,4 and 5 among them have been cleared for the National Championship. He submitted that, as regards others, their past performance is also not adequate and therefore, cannot be sponsored.
3. In response, the learned counsel for the petitioners – Sri.P.Pratheesh, submitted that the afore assertions of the University against petitioners 2,6,7,8 and 9 are unfortunate because they have represented the University, as also the State, in Boxing Championships. He asserted that, therefore, this is a fit case where the University must be ordered to re-evaluate them, based on the Hand Book and such other relevant Regulations, before they can be refused permission to attend the National Championship.
4. There is some force in the afore submissions of Sri.P.Pratheesh because, the University says that some of the petitioners are qualified, while others are not. It is clear that they have entered into such conclusion without hearing any of them. Since all the petitioners say that they have the credentials to participate in the National Championship, I am certain that University must hear them also, before a decision to their detriment is taken.
5. Resultantly and recording the consent of Sri.Thomas Abraham for such course, I direct the petitioners to mark appearance before the 3rd respondent – Director of Physical Education Department, at 11 A.M on 24.12.2022; on which day, they will be re-assessed with respect to their performance, after affording them opportunities of being heard and of going through their records/documents they may produce; thus culminating in a final decision as to whether petitioners 2, 6 to 9 are eligible to be sponsored for the National Championship.
6. As far as petitioners 1,3,4 and 5 are concerned, I record the submissions of Sri.Thomas Abraham that they have already been cleared for the Championship and they would be at liberty to travel for the same without impediment.
Sd/-
DEVAN RAMACHANDRAN JUDGE
APPENDIX OF WP(C) 41592/2022 PETITIONES' EXHIBITS Exhibit P1 THE TRUE COPY OF LIST OF THE WINNERS IN EACH CATEGORY IN THE MEN SECTION.
Exhibit P2 THE TRUE COPY OF THE LIST OF WINNERS IN THE WOMEN CATEGORY.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.12.2022 .
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER THROUGH EMAIL DATED
15.12.2022.
Exhibit P5 THE TRUE COPY OF THE JOINT REPRESENTATION FILED BY THE PETITIONERS 3 AND 4 BEFORE THE
2ND RESPONDENT DATED 15.12.2022 .
Exhibit P6 THE TRUE COPY OF THE EMAIL SUBMITTED BEFORE THE 3RD RESPONDENT BY THE 5TH PETITIONER DATED 15.12.2022.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 6TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.12.2022.
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.12.2022.
Exhibit P9 THE TRUE COPY OF REPRESENTATION DATED
15.12.2022 SUBMITTED BY THE 8TH PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 9TH PETITIONER DATED 15.12.2022 BEFORE THE 3RD RESPONDENT.
Exhibit P11 THE COPY OF THE LIST PUBLISHED BY THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS:
ANNEXURE R1A THE TRUE COPY OF THE RELEVANT PAGE OF THE HAND BOOK OF THE DEPARTMENT OF PHYSICAL
EDUCATION
