IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25636 of 2011(D) -------------------------------------- PETITIONER: ------------------- NAVAF.P., S/O.KOYASSAN KOYA, AGED 22 YEARS, B.COM.ST.JOSEPH'S COLLEGE, DEVAGIRI, KOZHIKODE, RESIDING AT PULLANGADAN HOUSE, CHEMANGAD LANE, FRANCIS ROAD, KOZHIKODE. BY ADVS. SRI.K.T.SHYAMKUMAR, SRI.HARISH R. MENON, SMT.M.S.KIRAN. RESPONDENTS: ------------------------ 1. UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS REGISTRAR, PIN - 673 006. 2. DIRECTOR OF PHYSICAL EDUCATION, DEPARTMENT OF PHYSICAL EDUCATION, UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT, PIN - 673 006. 3. ST.JOSEPH'S COLLEGE, DEVAGIRI, KOZHIKODE, REPRESENTED BY ITS PRINCIPAL, PIN - 673 001. R1 & R2 BY SRI. SANTHOSH MATHEW, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH W.P.(C).NO.25738/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25636/2011-D: APPENDIX PETITIONER'S EXHIBITS:- EXT-P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA CRICKET ASSOCIATION. EXT-P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT, EVIDENCING THE PARTICIPATION OF THE PETITIONER IN INTER UNIVERSITY CRICKET TOURNAMENTS. EXT-P3: TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATION DATED 15-5-2008 TO THE PETITIONER. EXT-P4: TRUE COPY OF THE REVISED ELIGIBILITY RULES FOR INTER UNIVERSITY TOURNAMENTS AND INTER COLLEGIATE TOURNAMENTS. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.25636 & 25738 of 2011 ``````````````````````````````````````````````````````````` Dated this the 29th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner in W.P.(C) No.25636/2011 is a student of St.Joseph's College, Devagiri and the petitioners in W.P. (C) No.25738/2011 are students of Government Victoria College, Palakkad. Both these colleges are affiliated to Calicut University. 2. Petitioner in W.P.(C) No.25636/2011 joined B.Com course in the Academic Year 2008-09. Though he completed the course, he has not passed the examinations. In the writ petition, he is claiming entitlement to represent the college in the A Zone Inter University Cricket Match, which is commencing from 30.09.2011. 3. In so far as the petitioners in W.P.(C) No.25738/2011 are concerned, they are BA and B.Sc students and have joined the college in the Academic Year W.P.(C) Nos25636&25738/2011. : 2 : 2008-09. They also have completed the course but, have not passed the University examinations. Petitioners 1 to 5 want to represent the college for the Kho-Kho tournament and petitioners 6 to 10 want to represent the college in the cricket team in the competitions which are to commence on 04.10.2011. 4. All the petitioners are claiming the aforesaid entitlement on the strength of the revised FISU Eligibility Rules for Participation in Inter Collegiate Tournaments/National University Games framed by the Association of Indian Universities (Inter University Sports Board of India), which is being adopted and followed by the Calicut University. According to the petitioners, in terms of the said Rules, although they have completed the course, they are entitled to represent the college for a total period of five years from the date of commencement of the course. This contention is raised relying on Clause 2(b)(i) of the Rules, which reads as under:- W.P.(C) Nos25636&25738/2011. : 3 : “Not more than 5 years after passing qualifying examination/10+2 examination or equivalent examination, the period of 3 years shall be extended by two years more than the actual length/duration of the course.” 5. However, although such an extended time has been provided for in the Rules, the basic eligibility to be satisfied by a student to claim participation is laid down in Rule 1 of the said Rules, which reads thus:- “Only a bonafide student, who is currently officially enrolled/registered for a degree or diploma at the university/college whose status is recognised by the appropriate authority of the country, which is of a minimum duration of one academic year and whose examination is conducted by the university shall be eligible to participate in Inter Collegiate Tournaments/ National University Games.” 6. This Rule only entitles a bonafide student, who is currently enrolled/registered for degree at the W.P.(C) Nos25636&25738/2011. : 4 : university/college. In this case, admittedly, petitioners have ceased to regular students of the colleges on completion of the three year period from the date of commencement of course. Therefore, for the subsequent period, even if they have not passed the examination, the petitioners cannot be deemed as bonafide students officially enrolled in a college/university. Therefore, the petitioners cannot claim the benefit of the Rules relied on by them. This view has already been taken by this Court in the judgment in W.P.(C) No.36877/2010 filed by similar students of the University of Calicut itself. In the light of the above, there is no merit in the contentions raised and these writ petitions are only to be dismissed and I do so. Sd/- (ANTONY DOMINIC, JUDGE) aks/29/09 // True Copy // P.A. To Judge