IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29704 of 2008(J) -------------------------- PETITIONER(S): --------------- JERRY ABRAHAM, AGED 22 YEARS, S/O. K.J.ABRAHAM, VADAKKEKKARA HOUSE, KOCHUKUNNERL, KARAMALA P.O., KOOTHATTUKULAM, ERNAKULAM DT. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): 1 ---------------- 1. THE PRINCIPAL, FAROOK COLLEGE, FAROOK COLLEGE P.O., KOZHIKODE, 673632. 2. THE ASSISTANT DIRECTOR, 1/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. BY SC SRI,P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29704/2008 -------------------- Dated this the 13th day of October, 2008 JUDGMENT Petitioner is a participant in the games of handball, softball, baseball and tennis and had earlier represented the Calicut University in Inter Zone University tournaments. Petitioner is now aged 22. He is now prosecuting his final year B.Sc Degree in Mathematics. He had earlier prosecuted Engineering Degree which he left midway after two years. Apparently, he met with an accident. Petitioner submits that he is otherwise eligible to participate in the Inter Zonal competition in the aforementioned disciplines. But the University would not permit him to do so on account of clause 2 of Ext.P2 guidelines. An earlier attempt on the part of the petitioner to participate in the competition in the University level was considered by this Court in Writ Petition No. 20309/2008. Paragraph 4 of the said judgment reads as follows:- W.P.(C).29704/2008 2 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. 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 four 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.” 2. It is submitted by the learned counsel for the petitioner that there are inadequate number of eligible persons in the college level and therefore, the college has no objection in sponsoring the petitioner. Mr.Abdul Hassan, learned counsel for the first respondent, College, submits that the first respondent may not have W.P.(C).29704/2008 3 any objection in the petitioner being sponsored to the team sent by the College. 3. Mr.P.C.Sasidharan, learned counsel for the University submits that guidelines contained in Ext.P2 are applicable not only to Inter University competition but the Inter Zonal competition as well. Submission is recorded and in the circumstances, I do not find any reason to take a view different from what this Court has already taken in Ext.P5 judgment. I do not find my way to issue any direction to the respondents. Writ petition is bereft of merit and hence the same is dismissed. V.GIRI, Judge mrcs