Kiran.P. vs The Principal on 18 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31736 of 2008(C)


1. KIRAN.P., AGED 23 YEARS,
                      ...  Petitioner

                        Vs



1. THE PRINCIPAL,
                       ...       Respondent

2. THE ASSISTANT DIRECTOR,

3. THE SECRETARY,

                For Petitioner  :SRI.P.R.SREEJITH

                For Respondent  :SRI.P.C.SASIDHARAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/06/2009

 O R D E R
                                 S. Siri Jagan, J.
                 =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                        W. P (C) No. 31736 of 2008
                 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                     Dated this, the 18th June, 2009.

                                J U D G M E N T

The petitioner filed this writ petition seeking the following

reliefs:

“(i) To declare that the petitioner qualifies the eligibility for
participating in the Inter collegiate and Inter Zone Volley ball
tournaments and Selection trials of the 2nd respondent and getting
included in the Calicut University Team for participating in the
South one Inter University Volley ball tournament and All India
Inter University Volley Ball tournament, organised by the 3rd
respondent for the current academic year 2008-209 in terms of
Ext. P1;

(ii) Issue a writ of mandamus or other appropriate writ, order
or direction commanding the 2nd respondent to permit the
petitioner to participate in the Inter collegiate and Inter Zone
Volley ball tournaments and Selection trials for getting included
in the Calicut University Volley ball Team for the current academic
year;

(iii) Issue a writ of mandamus or other appropriate writ, order
or direction commanding the 2nd and 3rd respondents to permit the
petitioner on his selection, to participate in the South Zone Inter
University Volley ball tournament and All India Inter University
Volley ball tournament, 2008-2009.”

2. On 6-11-2008, this Court passed the following interim order:

“I find force in the submission made by Sri. Sasidharan that
a reading of Ext. P1 Rules is not completely free from doubt in the
context of determining whether the petitioner would be eligible to
participate in the Inter University Tournament which will be
conducted by the 3rd respondent. But in the circumstances, the
petitioner shall be permitted to participate in the Inter Collegiate
Tournament. If he is selected to the University Team, the selection
will be provisional subject to further orders to be passed in the
writ petition. It is further made clear that to safeguard the
interests of the University, which as Sri. Sasidharan points out
might be faced with an action where the 3rd respondent would fund
the University Team itself ineligible, if a member of the team is
found to be ineligible, it would be appropriate that any other
suitable person found competent to earn a berth in the University
Team be selected and kept as an alternative for the petitioner.
This of course would be necessary only if the petitioner is

W.P.C. No. 31736/08 -: 2 :-

otherwise found eligible on his own merit, to secure a place in the
University Volleyball Team. Permission to the petitioner to
participate in the Inter Collegiate Tournament will be purely
provisional and this by itself shall not be treated as an expression
of opinion by this Court as to the petitioner’s eligibility to earn a
place in the University Volleyball Team.”

3. The year is already over and I do not think it necessary to

consider writ petition on merits at this point of time. Accordingly, the

writ petition is disposed of in terms of the interim order.

Sd/- Siri Jagan, Judge.

Tds/