IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 30724 of 2003(G) PETITIONER(S): 1. PAUL V.V., AGED 54, S/O. V.P.VARGHESE, VAKAYIL, MARKET ROAD, VADUTHALA, KOCHI-23, DISTRICT SPORTS OFFICER, ERNAKULAM. 2. PARENT - TEACHERS' ASSOCIATION, GOVT. HIGH SCHOOL, PANAMPILLY NAGAR, REP.BY ITS SECRETARY, JOHN JOSEPH, KODUVELIL,P.C.CROSS ROAD, PONNURUNNY, ERNAKULAM. BY ADV. SRI.M.L.SAJEEVAN SRI.M.N.SANJITH RESPONDENT(S): 1. DIRECTOR OF PUBLIC INSTRUCTIONS, VIKAS BHAVAN, THIRUVANANTHAPURAM-14. 2. JOINT DIRECTOR (PHYSICAL EDUCATION AND SPORTS), OFFICE OF DPI, THIRUVANANTHAPURAM-14. 3. DISTRICT EDUCATION OFFICER, ERNAKULAM. 4. KERALA SPORTS COUNCIL, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY. 5. SCHOOL GAMES FEDERATION OF INDIA, REP. BY ITS HONOURARY SECRETARY GENERAL, 9-B MALAVIYA ROAD COLONY, PATIALA,PUNJAB-147001. 6. SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT. ADDL. R6 IS IMPLEADED AS PER ORDER DT. 30-9-2003. ADV. SRI.D.SOMASUNDARAM, ADDL.CGSC FOR R5 . GOVERNMENT PLEADER SRI. V. MANU FOR R1 TO R3 PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 30724/2003. ------------------------------------------------------------------ EXT.P1 TRUE PHOTOCOPY OF MANUAL OF KERALA STATE SCHOOL ATHLETIC AND GAMES MEET. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 30724 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st day of July, 2010. J U D G M E N T The 1st petitioner claims to be the Sports Development Officer of the Kerala Sports Council. The 2nd petitioner is the Parent-Teacher Association of Government High School, Panampilly Nagar, Ernakulam represented by its Secretary. They are aggrieved by the classification of sub juniors, juniors and seniors in Ext. P1 Rules and Regulations for the conduct of the Inter-school Sports and Games competitions of the Kerala State on the ground that the classification is irrational and does not have any nexus with the purpose sought to be achieved by the classification. They would submit that sub juniors are classified as those students below 14 years of age as on 31st December of every year up to 8th standard, juniors are students below 17 years of age as on 31st December of every year and up to 10th standard and seniors are students below 19 years of age as on 31st December of every year and up to 12th standard. The petitioners have no objection regarding the age classification. Their objection is regarding the stipulation that such students should not have gone beyond 8th, 10th and 12th standards respectively. According to them, this is irrational because the minimum age fixed for admission to 1st standard as per the Kerala Education Rules is 5 years and therefore students below 14, 17 and 19 years can also go beyond 8th, 10th and 12th standards respectively. Therefore, the co-relation of the maximum age and the standard is totally irrational and does not have any nexus with the purpose so achieved, is their contention. The petitioners therefore seek the following reliefs: “(i) Issue a writ of certiorari to quash Ext. P1 so far as it includes the standard in which a student studying as criteria for categorization in Kerala Sports and Games Meet and related team selections. W.P.C. No. 30724/2003. -: 2 :- (ii) Direct the respondents to award grace marks to the eligible students who were prevented from participating in team selections and competitions due to inclusion of standard in which a student is studying as criteria for categorization in Ext. P1.” 2. A statement has been filed on behalf of respondents 1 to 3, wherein the contention taken is that they have no role in fixing regulations insofar as the regulations are fixed at the national level. 3. Whether the regulations are fixed in national level or state level, I am bound to consider the validity of those rules when the validity is challenged before me. 4. I am of opinion that insofar as the minimum age prescribed for admission to standard 1 in the State of Kerala is 5 years, there can very well be students below 14 years of age in 9th standard above and below 17 years of age in 10th standard and above. That being so, the stipulation co-relating age with the standard of study appears to be irrational and without having any nexus to the purpose sought to be achieved by the said rule. Accordingly, the said Rule to the extent it correlates to the age is hereby quashed. But, the stipulation regarding age limit for the purpose of classification would stand. The students who participate in the sports and games would be entitled to consequential reliefs. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/