High CourtsSingle Bench(2023) 01 KL CK 0051

Bimal vs Registrar, Kannur University, Thavakkara, Civil Station.P.O, Kannur District, Pin-670002., Pin 670002

High Court Of Kerala · Decided on 6 January 2023

HON’BLE JUDGES
Devan Ramachandran, J
CASE NUMBER
Writ Petition (C) No. 489 Of 2023

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Judgment

6 paragraphs · 446 words

Devan Ramachandran, J

1.

The petitioners say that the first among them is the University winner for Shot Put; while the second among them is the winner in both High Jump and Long Jump, as also the Gold Medal winner in 4x100 relay. As far as the 3rd petitioner is concerned, he claims to be the University winner in Decathlon; while the 4th petitioner to be the runner up in 100 meters sprint and winner of 4x100 relay. They rely on Ext.P1 in substantiation.

2.

The specific assertion of the petitioners is that, in spite of the afore credentials of theirs, the University has refused to grant them permission to take part in the “South West Inter University Athletic Competition 2022-23” and thus pray that they be directed to do so; with a consequential direction sought to the 3rd respondent to allow them to participate.

3.

However, in refutation of the afore, Sri.I.V.Pramod – learned Standing Counsel for the Kannur University, submitted that certain norms have been fixed by his client for assessment of merit of the candidates in various disciplines. He then explained that even though petitioners 1, 2 and 4 were first in the respective events conducted by the University, they fell short of the timing as prescribed for qualification. He added that, therefore, no person has been sponsored by the University in those events, namely Shot Put, Long Jump, High Jump and Decathlon. As far as 3rd petitioner is concerned, Sri.I.V.Pramod submitted that he came only second in the selection trials, while the first placed student has also not been sponsored by the University.

4.

When I consider the afore submissions, it is evident that, though petitioners 1, 2 and 4 may not have satisfied the benchmark fixed by the University, they have emerged first position in their respective events. Since no other person has been sponsored by the University for the said events, I am of the view that they should be given the latitude of participating in the “South West Inter University Competition”, to begin on 09.01.2023, since it will cause prejudice to no one else. As far as the 3rd petitioner is concerned, I am afraid that I cannot find him eligible for any benefit, because the student who emerged first would be the only one entitled to such, but he has not approached this Court yet.

In the afore circumstances, I order this writ petition in favour of petitioners 1, 2 and 4 and direct the Kanuur University to sponsor them for the “South West Inter University Competitions 2022-23”; for which purpose, all consequential action shall be completed not later than the close of the working hours on 07.01.2023.