IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 17745 of 2008(K) -------------------------- PETITIONER(S): --------------- RUBY.M.A, D/O.E.K.KUNHAMMED KUTTY, MINOR (AGED 17), REPRESENTED BY FATHER AND GUARDIAN, E.K.KUNHAMMED KUTTY, S/O.ABDULLA, RESIDING AT 3/438, ROSE VILLA, NADAKKAVU, KOZHIKODE-673001. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. JOINT DIRECTOR (PHYSICAL EDUCATION AND SPORTS), OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. ORGANISER FOR SPORTS AND GAMES, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE SECRETARY GENERAL, SCHOOL GAMES FEDERATION OF INDIA, GAUTAM NAGAR, BHOPAL-462 023. BY GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the judgment of this Hon'ble Court dated 7.1.2008 in WP(c).No.110/08. Ext.P2. True copy of the judgment of this Hon'ble court dated 10.1.2008 Ext.P3. True copy of te letter dated 29.1.2008 sent by the petitioner 's father to the first respondent. Ext.P4. True copy of the letter dated 11.2.2008 sent by the petitioner to the 3 rd respondent. Ext.P5. True copy of the lawyer notice dated 25.2.2008 sent on behalf of the petitioner tot he Ist respondent. Ext.P6. True copy of the lawyer notice dated 25.2.2008 sent on behalf of the petitioner to the 3 rd respondent. Ext.P7. True copy of the lawyer notice dated 25.2.2008 sent on behalf of the petitioner to the 4 th respondent. Ext.P8. True copy of the reply dt. 11.3.2008 sent by the 4 th respondent to the petitioner's lawyer. Ext.P9. True copy of the reply dt. 11.3.2008 sent by the 3 rd respondent to the petitioner's lawyer. // true copy // P. A to Judge. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.17745 OF 2008 ------------------------ Dated this the 22th day of January, 2009. JUDGMENT Petitioner wanted to participate in the National Sports and Games held at Haryana in Janaury, 2008 by including her in the team for badminton. That was declined and therefore the petitioner filed WP(c).No.110/2008 before this court. That writ petition was disposed of by Ext.P1 judgment directing that the petitioner be included in the 6th position as a reserve player. Against that judgment the petitioner filed W.A.No.63/2008. 2. When the writ appeal came up for orders before the Division Bench on 10.5.2008, the learned Government Pleader on instructions submitted that the petitioner will be allowed to participate in the National Meet. Accordingly, the petitioner was included as a team member and she asserts that she has participated in the event also. However, she WP(c).No.17745/08 2 filed this writ petition for the reason that she was not given participation certificate and the other benefits that are given to the team members. 3. The stand taken by the respondents in Ext.P9 order is that, following the judgment of this court though the Petitioner was included in the team, it is the School Games Federation of India, which issues the participation certificates. It is stated that according the rules and regulations of the Federation they issue certificate only for 5 persons and therefore it was not possible for them to issue participation certificate to the petitioner. 4. Though in the writ petition petitioner states that she is entitled to be issued participation certificate, in view of the fact that the issuance of the participation certificate is a matter which is fully within the domaine of the School Games Federation of India, the respondents herein cannot be compelled to issue such a certificate. However, the fact remains that when the petitioner was initially asked to be included as a reserve player and before the Division Bench the respondents had undertaken that she will be allowed to WP(c).No.17745/08 3 participate in the sports. It is also a fact that the petitioner was sent for participation. If that be so, the petitioner should be eligible for the benefits that are due and given to the other teammates, as a member of the team. In view of this, it is directed that the first respondent shall consider the petitioner as a member of the team who participated in the National School Games held in Haryana from 15 to 20th of January, 2008 and extend her all benefits that are due and given to the other members of the team. It is directed that the first respondent shall take a final decision in the matter as directed above within 4 weeks from the date of production of a copy of the judgment Writ petition is disposed of as above. Petitioner shall produce a copy of the judgment before the Ist respondent for compliance (ANTONY DOMINIC) JUDGE vi/ WP(c).No.17745/08 4