IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20309 of 2008(P) ------------------------------------- PETITIONER : ------------------ JERRY ABRAHAM, AGED 22 YEARS, S/O.K.J.ABRAHAM, VADAKKEKKARA HOUSE, KOCHUKUNNEL, KARAMALA P.O, KOOTHATTUKULAM, ERNAKULAM DIST. BY ADV. SRI.P.R.SREEJITH RESPONDENTS : ---------------------- 1. THE PRINCIPAL, FAROOK COLLEGE, FAROOK COLLEGE P.O, KOZHIKODE-673 632. 2. THE ASSISTANT DIRECTOR, I/C OF DIRECTOR OF PHYSICAL EDUCATION, DEPARTMENT OF PHYSICAL EDUCATION, UNIVERSITY OF CALICUT-673635. 3. THE SECRETARY, ASSOCIATION OF INDIAN UNIVERSITIES, INTER UNIVERSITY SPORTS BOARD OF INDIA, AIU HOUSE, 16 KOTLA MARG, NEW DELHI-110002. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20309 OF 2008 ==================== Dated this the 7th day of July, 2008. J U D G M E N T The petitioner is a graduate student aspiring for taking part in the inter collegiate tournaments/competitions this year. Petitioner's contention is that misinterpreting Ext.P2 Rules, the respondents are not permitting the petitioner to participate in the tournaments/competitions. The relevant portion of the Rules reads thus: “2. All eligible students participating in the Inter- University Tournaments shall be fulfill the following conditions: a) Not more than 7 years have elapsed since a student passed the examination qualifying him/her for first admission to a degree or diploma course of a university of college affiliated to a university. b) The seven year eligibility period mentioned above shall be distributed as mentioned below:- i) Not more than 4 years while pursuing graduate studies. However, in case of universities where students are admitted to the Graduate Courses after passing 10+2 examination or equivalent examination, the period of 3 years shall be extended by one more year than the normal length/duration of the course.” x x x x x x x x x W.P.(C).No. 20309 OF 2008 2 2. The petitioner's contention is that the petitioner had earlier pursued his engineering degree studies for more than two years and thereafter discontinued the same to join degree course in Mathematics. The petitioner submits that just because he had earlier joined the engineering degree course, he cannot be refuse the benefit of clause 2 above. He contends that clause 2 should be construed liberally in such a way that the petitioner should get the benefit of appearing for inter collegiate tournament during the entire three years of his degree course, excluding the period he pursued engineering degree course earlier. 3. I have heard the learned Government Pleader also. 4. Clause 2 is very clear. Clause (a) thereof says that a student would not be permitted to appear for inter university tournament after 7 years of passing the qualifying examination for admission to degree course. W.P.(C).No. 20309 OF 2008 3 Clause (b) says that the 7 year eligibility period mentioned shall be distributed as mentioned in clause (b). Reading sub clause (a) and (b) together, it is evident that the 4 year period has to be computed from the date when a student passes the examination qualifying him for first admission to degree or diploma course. By joining engineering course he has already lost two years eligibility for appearing in inter collegiate tournament. That being so, the petitioner cannot now be given the reliefs which he prays for. Accordingly, the writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-