SUDHIN V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The above writ petition is filed challenging Ext.P6 and for a consequential direction commanding the 2nd respondent to countersign Exts.P3 and P4 certificates of the petitioner.

(2.) The brief facts necessary for disposal of the writ petition are as follows: The petitioner is a professional shooter who has participated in various shooting competition at the District, State and National level. Petitioner had participated in the Palakkad District Shooting Championship held by the Palakkad Rifle Association and was qualified for the State level Championship and Ext.P2 certificate of merits issued by the Palakkad District Rifle Association was counter signed by the observer of District Sports Council. Thereafter, petitioner also participated in the 53rd Kerala State Shooting Championship held at Cherthala, Alappuzha during February 2021 conducted by the 3rd respondent,ie., the Kerala State Rifle Association and the petitioner stood 16th and 32nd position, as evident from Ext.P3 certificate. Later, he participated in the South Zone Shooting Championship held at Chennai and secured 11th position as evident from Ext.P4 certificate issued in this regard. During the time of competitions the 2nd respondent Sports Council was obliged to send an observer for the competitions and all merit certificates issued by the State Rifle Association and National Rifle Association shall be countersigned by the observer deputed by the 2nd respondent. The 3rd respondent Rifle Association had intimated about the event to the sports council and had requested them to send an observer as per Ext.P5 communication dtd. 24/1/2021. It is to be noted that Ext.P2 certificate was countersigned by the observer under the 2nd respondent whereas in Exts.P3 and P4, the Sports Council did not countersign. Petitioner has a case that his name has been included in the short list prepared by the Kerala Public Service Commission for selection to the post of Lower Division Clerk, Palakkad District. The petitioner is eligible for grace marks awarded to sports personnel in the selection process conducted by the PSC and the Public Service Commission will accept only those certificates countersigned by the 2nd respondent sports council. Hence the petitioner approached the 2nd respondent with a request to countersign Exts.P3 and P4 certificates and the 2nd respondent informed the petitioner that the Sports Council had withdrawn the recognition of the 3rd respondent Association and therefore the certificates cannot be countersigned by the 2nd respondent. Since the 2nd respondent refused to countersign Exts.P3 and P4 certificates the petitioner submitted a representation before the Sports Council and thereafter, approached this Court by filing WP(C) No.11779/2021 and this Court directed the Sports Council to take a decision on the representation. Accordingly, the application was considered and the request was rejected by Ext.P6 on the ground that the registration of the Kerala Rifle Association was suspended during the said period. Petitioner submits that after issuance of Ext.P6 an application was submitted before the 2nd respondent as per the provisions of the Right to Information Act seeking to get a copy of the order suspending the Kerala Rifle Association. By Ext.P8 communication petitioner was informed that the Sports Council has not suspended the Kerala Rifle Association and an Ad hoc Committee is in force. In the above facts and circumstances, petitioner would contend that the reason stated for rejecting the request for countersigning of the certificates as per Ext.P6 is without any basis. Petitioner would further submit that in similar situation, the State Amateur Boxing Association faced an issue of a nonrecognition by the Sports Council and the sportsperson who participated under its banner were denied attestation, one of the participants approached this Court by filing WP(C) No.16388/2020 and this Court directed the Sports Council to consider the application of that participant. Thereafter, the Sports Council considered the application and verified and attested the certificates of the petitioner therein, as evident from Ext.P9. Petitioner submits that he is similarly situated as that of the petitioner in WP(C) No.16388/2020 and therefore, the stand taken in Ext.P6 is without any basis and liable to be interfered with.

(3.) A detailed counter affidavit has been filed by the 2nd respondent Sports Council. In the counter affidavit it is admitted that the Kerala State Rifle Association is a State level sports organisation registered under the Kerala State Sports Council as per Sec. 31 of the Kerala Sports Act, 2000 and the Kerala State Rifle Association is affiliated to the National Rifle Association of India. In 2016, the elected committee of the Kerala State Rifle Association was dissolved by the General Body due to some reasons and appointed an Ad-hoc Committee in its place. Thereafter, on 28/6/2021 the election of Kerala State Rifle Association was held and a new elected committee was constituted. However, no elections were conducted to the post of President of the Kerala State Rifle Association and also to the post of President and Vice President of District Rifle Associations. The Rifle Associations shall be formed and governed by the rules and orders formulated by the Government of Kerala, as per G.O(MS)No.386/1968/Home dtd. 4/12/1968 and as per the said Government Order, the President of Kerala State Rifle Association is the I.G of Police(HQ) and President and Vice President of each District Rifle Association shall be the District Collector and the Superintendent of Police, respectively. As the election to the Kerala State Rifle Association is not conducted in accordance with the provisions in the Kerala State Sports Act, 2000, the list of the new office bearers is yet to be approved by the 2nd respondent. By Ext.R2(a) communication the Kerala State Rifle Association was requested to amend its bye laws. It is further submitted in the counter affidavit that the respondent is not against awarding of grace marks to the sports persons and students who participate in sports and games, but the Kerala State Rifle Association though registered under the Kerala Sports Council as a recognised sports organisation, now it is administered by the Ad-hoc committee and such a sports organisation is not entitled to claim the rights and privileges under the Kerala Sports Act like getting an observer for countersigning the certificates issued to the sports persons in the competitions and championships conducted by that organisation. Thereupon the State Sports Council took a decision not to sent observers to the competitions conducted by the Kerala State Rifle Association and consequently no observer has sent for the 53rd Kerala State Shooting Championship. In the counter affidavit reference was made to the Kerala State Sports Council Grant-in-Aid Regulations which makes it clear that no financial assistance will be released to the State Associations in the context of forming 'Adhoc committee' to look after the functioning of State Associations. Reliance was also placed on Clause(ix) of Sec. 31(1A) of the Kerala Sports Act which provides that there shall be eligibility for grace marks and other benefits only if the certificates issued to winners and participants of State level competitions conducted by the recognised state sports organizations are countersigned by an observer nominated by the State Sports Council. The Council did not sent any observer for the particular sports event for the reason that the Kerala State Rifle Association is manned by an Ad-hoc committee. It is further submitted that the observation in Ext.P6 that the sports council has suspended the Kerala State Rifle Association was only a mistake and certificate was not countersigned since the Kerala State Rifle Association is under the administration of an Adhoc Committee. The learned counsel for the 2nd respondent also relies on the judgment in WP(C) No.32443 of 2014 in support of their contentions. On the above contentions they sought for dismissal of the writ petition.