IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 31736 of 2008(C) --------------------------------------- PETITIONER: ------------------- KIRAN.P., AGED 23 YEARS, S/O.PADMANABHAN NAIR, "SREEPADMAM", PANANGAD, BALUSSERY, KOZHIKODE DT. BY ADV. MR.P.R.SREEJITH. RESPONDENTS: ------------------------ 1. THE PRINCIPAL, SREE NARAYANA GURU COLLEGE, CHELANNUR, KOZHIKODE DT. 2. THE ASSISTANT DIRECTOR, 1/C OF DIRECTOR OF PHYSICAL EDUCATION, DEPARTMENT OF PHYSICAL EDUCATION, UNIVERSITY OF CALICUT - 673 635. 3. THE SECRETARY, ASSOCIATION OF INDIAN UNIVERSITIES, INTER UNIVERSITY SPORTS BOARD OF INDIA, AIU HOUSE, 16 KOTLA MARG, NEW DELHI – 110002. R2 BY ADV. MR.P.C.SASIDHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31736/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ELIGIBILITY RULES OF THE R.3. FOR INTER UNIVERISITY TOURNAMENTS. EXT.P.2: COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. EXT.P.3: COPY OF THE HIGHER SECONDARY EXAMINATION CERTIFICATES OF THE PETITIONER. EXT.P.4: COPY OF THE PARTICIPATION CERTIFICATES ISSUED TO THE PETITIONER BY THE R.2. IN THE ACADEMIC YEARS 2005 TO 2008. EXT.P.5: COPY OF THE INTERIM ORDER IN W.P.(C).NO.32343/2007 DTD. 312/10/2007 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. 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/