LAWS(KER)-2017-8-381

ANLET JOU U.A Vs. STATE OF KERALA

Decided On August 25, 2017
Anlet Jou U.A Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners are minor children, represented through their guardians who seek participation in the National School Games to be held in the first week of December. The petitioners are all students in various schools and actively participating in the game of Roll Ball said to be promoted by the Roll Ball Federation of India, under whom the 3rd respondent is affiliated. The 3rd respondent is an association of players within the State of Kerala. The petitioners have been restricted from participation in the 63rd National School Games scheduled in December, 2017. The petitioners contend that for the last five years, right from 2012-2013 a State team of Roll Ball is send for the National School Games and there is no reason to deny such participation in the present year also. In the last year certain students had approached this Court in which Ext.P8 judgment was passed. Since no consideration was made as directed in Ext.P8 judgment, a contempt case was initiated, upon which the Joint Secretary of the 1st respondent has passed Ext.P9 and the participation of the State Team was facilitated. In the present year also, there is no participation allowed by the respondents 1 and 2; is the specific contention raised.

(2.) The Sports Council appears through Counsel and submits that Roll Ball is not recognised by the Sports Council. In fact, an application was made which was rejected; is the specific contention taken. The 3rd respondent Association supports the stand of the petitioners and also agrees to foot the entire bill for selection and participation of the State Team at the National School Games.

(3.) The learned Government Pleader however, opposes the prayer especially pointing out that the participation in Games involves the benefit insofar as grace marks being awarded to the students which has to be confined to recognised games as per the Sports Manual. It is pointed out that when earlier as a special case, on direction issued from this Court, the Roll Ball State Team was selected and sent for the National School Games, a meeting was held under the Chairmanship of the Secretary of the General Education Department in which it was decided to retain only 19 sports items contained in Appendix I, III and IV of the prevailing Manual. Again a meeting was conducted on 23.05.2017 wherein the following criteria was evolved to include the games in the Manual; which criteria is extracted hereunder:- ...[VARNACULAR TEXT UMITTED]...