IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 31600 of 2008(J) -------------------------- PETITIONERS: ------------------ 1. LIGI MICHAEL, D/O.MICHEAL JACOB, 1ST YEAR M.P.ED STUDENT, SCHOOL OF PHYSICAL EDUCATIN AND SPORTS SCIENCES, UNIVERSITY CAMPUS, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR. 2. SUMESH.D., S/O.DINESAN, 2ND YEAR M.P.ED. STUDENT SCHOOL NF PHYSICAL EDUCATION AND SPORTS SCIENCES UNIVERSITY CAMPUS, DO.DO. 3. ANOOP NAZEER, S/O.NAZEER, 2ND YEAR M.P.ED STUDENT, DO.DO. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ---------------------- 1. KANNUR UNIVERSITRY, REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS, ,MANGATTUPARAMBA, KANNUR. 2. DIRECTOR OF PHYSICAL EDUCATION, KANNUR UNIVERSITY, UNIVERSITY CAMPUS MANGATTUPARAMBA, KANNUR. 3. THE CO.ORDINATOR, SCHOOL OF PHYSICAL EDUCATION AND SPORTS SCIENCES, UNIVERSITY CAMPUS, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31600 of 2008 -------------------------- Dated this the 31st October, 2008 J U D G M E N T Petitioners are prosecuting their M.P.Ed course in the School of Physical Education and and Sports Sciences in the Kannur University Campus. First petitioner completed her +2 course in the year 2002 and Degree course in the year 2005. She then studied for M.A Degree in the M.G University from 2005-2007 and thereafter, she joined for B.P.Ed in the Kannur University in the year 2007 which she completed in the year 2008. The 2nd and 3rd petitioners completed their Pre Degree Examination in the year 2001 and they have completed the B.P.Ed course in the year 2007. Then they have joined the M.P.Ed in the same year. Their common complaint is that they have not been considered for selection to the Kannur University Volley Ball Team. Revised Eligibility Rules for Inter University Tournaments 2007-2008 is produced in the writ petition W.P ( C) No.31600 of 2008 2 and marked as Exhibit P10. It is also contended that the rules as such does not apply to participation in the Inter University tournaments. 2. I heard learned counsel for the petitioners and learned standing counsel for the University. The rules of eligibility contained in Exhibit P10 are applicable for inter collegiate tournament also. This is evidenced by Exhibit P9. Even otherwise there may not be anything wrong in the university adopting the eligibility rules as contained in Exhibit P10 for inter collegiate tournament also. Clause 2 of the Eligibility Rules deal with the participation of inter university. The same reads as follows: “2. All eligible students while participating in the Inter-University Tournaments shall 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 or 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 courses. However, in case of Universities where students are admitted to the W.P ( C) No.31600 of 2008 3 Graduate Courses after passing 10+2 examination or equivalent examination, the period of 3 years shall be extended by one more year than the actual length/duration of the course. ii) Not more than 3 years while pursuing Post Graduate Studies, the period of two years shall be extended by one more year than the actual length/duration of the Course. Irrespective of any other conditions like change of Class/Course/Faculty, joining lower class from higher, changing academic to professional courses or vice versa, provided that:- Students admitted, after passing 10+2 examination, to graduate courses of more than 3 years duration like Medical, Engineering, Agriculture, Pharmacy and Physical Education etc. shall be eligible to participate in the Inter- University Tournament(s) for one year more than the actual length of such graduate courses. For the purpose of determining the number of years under the present Rules:- a. Graduate courses shall be treated to be those where the admission is sought after passing 10+2 or equivalent examination, as the case may be. b All other courses where admission is obtained after passing graduate degree examinations, egs. LL.B, MBBS, B.Ed &B.Lib etc will be clubbed with other post graduate course like M.A, M.Sc, M.Com, M.Lib, M.Ed and B.P.Ed. etc “ W.P ( C) No.31600 of 2008 4 3. In the light of the rule as contained in clause 2a, petitioners 2 and 3 cannot claim any right. 4. I am impressed with the case of the 1st petitioner either though it has been projected separately by the learned counsel for the petitioner Sri.Grashious Kuriakose. The explanatory part of Rule 2 makes it clear that courses like M.P.Ed to which admission is made after passing graduate degree examination including B.P.Ed will be considered along with other post graduate courses. As I have mentioned above, the 1st petitioner completed B.P.Ed course from the Kannur University and that must be considered along with the periods spent by her in prosecuting M.A Degree in the year 2005-07 and also the M.P.Ed which she is currently prosecuting. If that be so, 1st petitioner is also ineligible in terms of clause 2. 5. Learned counsel for the petitioners submits that rules themselves are irrational. I am not impressed the submission. Rules are framed determining the eligibility. and I do not find any irrational classification amongst similarly situated persons. The para meters which are W.P ( C) No.31600 of 2008 5 taken into account in framing the rules cannot be considered as extraneous to the purpose for which the rules are framed. I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.31600 of 2008 6 W.P ( C) No.31600 of 2008 7