DAVID LOOCOSE Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) PETITIONERS who are stated to be qualified Football coaches, have filed this Original Petition challenging Ext. P14 Notification issued by the University of Kerala to the extent it restricts appointment to the post of Football coach in the University only to a woman candidate. According to the petitioners, the University Act, Statutes or Ordinances do not provide for a woman football coach and therefore such a reservation given to female football coaches in the University is illegal and unsustainable. PETITIONERS therefore pray for a declaration that the reservation given to the post of football coach (woman) is incorrect, illegal and unenforceable under law and that as per the University law the post of football coach is a general category post. The petitioners also pray for a direction to the respondents to re-advertise the post of football coach and make fresh selection proceedings.

(2.) IT is true that serial No. 3 in Ext. P14 Notification issued by the University confines the post of football coach to a woman candidate. IT is alleged by the petitioners that respondent No. 6, who is admittedly a qualified woman football coach, was appointed in the University at the behest of respondent No. 5 overlooking the claim of the petitioners to be appointed to the said post. IT is contended by the petitioners that there are only two women football teams among the colleges under the University of Kerala and therefore a woman coach is totally unnecessary in the University. The other contention is that the Ordinance of the University does not contemplate or provide for appointment of a woman coach in the University and therefore in the absence of an amendment to the Ordinance, the post of football coach to which only male candidates have been appointed hitherto cannot be exclusively confined to the category of women coaches. IT is further contended that respondents 1 to 5 were not justified in issuing Ext. P14 notification without issuing an Ordinance converting the post of coach into that of a woman coach or in the alternative a new post of woman coach ought to have been created by amending the existing Ordinance/regulation.

(3.) IT is contended by learned counsel for the respondents 1 to 5 that the decision to appoint a woman coach was taken since the members of the womens team always prefer a woman coach/manager to train them. The team members also prefer a woman coach to accompany the team if they have to go outside to participate in any event or tournament, especially so if the team had to go out of the State. Reasons are obvious and perfectly justifiable. A male coach/manager accompanying a womens team may be an embarrassment to many of the participants, to say the least, especially in our present social set up. To put it differently, a woman coach/manager may be a more welcome proposition to majority of the girl students who wish to participate in a tournament or event. Therefore, if the University felt that it would be advisable to appoint a woman football coach in the University, the said view cannot be termed as irrational or unrealistic.