IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 25696 of 2010(J) --------------------------------------- PETITIONER(S): ----------------------- ABDUL NASAR K., S/O. AHAMMEDKUTTY, PHYSICAL EDUCATION TEACHER, SUBULUSALAM HIGHER SECONDARY HIGH SCHOOL, MOORKANAD , OORNGATTIRI P.O. MALAPPURAM DT. BY ADV. SRI.T.K.AJITH KUMAR, SRI.P.VENUGOPAL. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 1. 3. THE SECRETARY, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-1. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-1. 5. THE ORGANISER FOR SPORTS IN SCHOOLS, DPI OFFICE, JAGATHY, THIRUVANANTHAPURAM DT.-695 024. 6. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, UP HILL P.O., MALAPPURAM -676 505. 7. THE DISTRICT EDUCATION OFFICER WANDOOR EDUCATION DISTRICT, WANDOOR P.O. MALAPPURAM – 676 507. R1 TO R7 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.SIRI JAGAN, J. ================== W.P.(C).No. 25696 of 2010 ================== Dated this the 16th day of August, 2010. J U D G M E N T The petitioner is the Physical Education Teacher of Subulusalam Higher Secondary High School. His grievance in this writ petition is that the chance of the Foot Ball team of the School for getting selection to the State level tournaments has been lost on account of illegal norms prescribed by the 4th respondent in the matter of selection in the district level tournaments. The petitioner therefore seeks the following reliefs:- 1. Call for the records leading up to Ext.P2 and P3 Circulars and quash the same by issuing a Writ of Certiorari or any other appropriate Writ. 2. Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 6th respondent or any other respondents to conduct a fresh selection tournament in Malappuram District, following all guidelines issued by the Subroto Mukerjee Sports Education Society for conducting the matches. 3. Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 4th respondent to permit the Foot ball team of Subulusalam Higher Secondary High School, Moorkanad, Oorngattiri (PO), Malappuram DT to participate in the ensuing State level Subroto Mukerjee Cup Foot Ball selection tournament. 4. Issue any other appropriate Writ, Order, or Direction as W.P.(C).No. 25696 of 2010 2 the case may be as this Hon'ble Court may deem fit and necessary in the interest of justice. The petitioner admittedly participated in the selection process in accordance with the norms prescribed without challenging the selection. Only when the petitioner found that his team was not selected, he has chosen to file this writ petition challenging the norms for selection. It is settled law that after having participated in a selection process without questioning the norms therefor, a party cannot challenge the norms of selection when the party finds that that party was not selected in the selection process. Therefore, I am not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed. However, this would be without prejudice to the right of the petitioner to challenge the norms for selection in subsequent years, if the same according to the petitioner is against law. S.SIRI JAGAN, JUDGE mns W.P.(C).No. 25696 of 2010 3