Susheel Kumar P.S. vs University of Calicut and Director of Physical Education, Department of Physical Education, University of Calicut

K. Vinod Chandran, J.—The petitioner styles himself to be a student of B.A. (Economics) in the Christ College, Irinjalakuda and seeks a direction to the respondents to permit him to participate in the selections for the Inter-University tournament of the academic year 2013-14, in football, representing the University. The brief facts are that the petitioner completed his Higher Secondary course in the year 2009 and enrolled himself for the graduate course in B.A. (Economics) in 2009-10. The petitioner relies on Exhibit P1 to contend that a student who has passed the examination qualifying him/her for admission to a degree or diploma course of a University shall be entitled to participate in the inter-University sports competitions for five years from the date of his/her such qualification. In fact it is contended that as per Exhibit P1, nine years relaxation is granted and the period is split up as 5 and 4 respectively to be treated for the graduate and post-graduate levels. Hence, the contention in nutshell is that the petitioner having qualified in 2009, is entitled to participate for five academic years from thereon as a graduate student and, hence, is entitled to be permitted to be participated till the year 2013-14, i.e., the coming year.

Primarily it has to be noticed that though he has styled himself to be a student of B.A.(Economics) in the Christ College, Irinjalakuda, on his own admission he joined for the course in 2009-10 and the course would have been completed in 2011-12. He admits that he has not qualified in the graduate course; but that alone will not give him the status of a "student" of an affiliated college, since he will not be in the regular rolls of the college after three years. We have to look at the Eligibility Rules Clause A. 1 of Exhibit P1, which is extracted hereunder:

Only a bonafide student, who is currently officially enrolled/registered for a degree or diploma at the university/college whose status is recognized by the appropriate authority of the country, which is of a minimum duration of one academic year and whose examination is conducted by the university shall be eligible to participate in National University Games.

Hence, a candidate intending to participate in the inter-University competition should be a bona fide student who is currently enrolled or registered in a University/College. After 2009-10, the petitioner is no longer enrolled or registered in the University/College. Of course, he can register for the examinations, if this rules permit but that is not to confer the status of a bona fide student.

Looking at Exhibit P1, more specifically Clause 2(a) and (b) which are extracted hereunder, this Court is not convinced that the same is a relaxation:

All eligible students while participating in National University Games shall fulfil the following conditions:

(a) Not more than 9 years have elapsed since a student passed the examination qualifying him/her for first admission to a degree or diploma course of university or college affiliated to a university.

(b) The nine year eligibility period mentioned above shall be distributed as under:-

i. not more than 5 years after passing qualifying examination/10+2 examination or equivalent examination, the period of 3 years shall be extended by two years more than the actual length/duration of the course.

ii. not more than 4 years after passing Graduate Course/Degree, in Post Graduate Courses. However, the period of two years shall be extended by two years more than the actual length/duration of the course. This period includes M. Phil and Ph. D. courses too.

xxx xxx xxx.

This, in fact, imposes a restriction in participation. Any person who has completed nine years after his initial qualifying examination for admission to a degree or diploma course is disentitled from participation, even if he is a bona fide student enrolled in the University/College. Sub-clause (b), which is relevant for the under-graduate studies claimed by the petitioner, would only indicate that any student, to be entitled to participate in the inter-University tournament should be pursuing a graduate course, bona fide, within five years from the date of his qualifying examination. But, that had to be applied only if the candidate is a bona fide student, currently enrolled. The petitioner falls short of the eligibility criteria.

In the above view of the matter, the writ petition is devoid of merit and, hence, dismissed. No costs.