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2002 DIGILAW 422 (KER)

The Vice-Chancellor v. M. P. Thomas

2002-07-03

B.N.SRIKRISHNA, G.SIVARAJAN

body2002
Judgment :- B.N.Srikrishna, C.J This appeal is directed against the judgment of the learned single judge dated 11th April, 1996 in O.P.No. 5649 of 1996. 2. The first respondent is a final year B.Sc student in the Christ College, Irinjalakuda which is affiliated tom the Calicut University. Hr secured first place in Archery in the Kerala State Archery Championship during 1995-96. He also represented the state of Kerala in the XVIth Senior National Archery Championship, 1995 held at Moti Bagh, Patiala and secured Ext. P1 certificate. He also claims that he got Ext. P2 certificate for representing the State of Kerala in the XVIIth senior National Championship, 1995 held at Cuttack. Based on these two certificates , he claims that he has excellence in the field of archery and, considering that this is the land of Arjuna, he should be given grace marks in the University examinations. 3. Ext.P3 is the circular dated 2.2.1994 issued by the second appellant University which provides for awarding of grace marks to students who have excellence in sports by representing the University at Inter University Tournaments. This circular at Ext.P3 declares that sports stars who represent the Calicut University I the various Inter University tournaments/Championships should be awarded grace marks if they are students of non-professional courses who have participated in the various Indian Universities. Three conditions are required to be fulfilled before a student can claim grace marks under this circular dated 2.2.1994, vide Ext.P3, (1) he should be a student of a non-professional; course, (2) he should have represented the University Tournament/Championship and (3) such Inter University Tournament/Championship should have been approved by the Association of Indian Universities. 4. The first respondent’s claim for grace marks under the circular dated 2.2.1994 at Ext.P3 was rejected by the University on the ground that the three conditions stipulated by the circular at Ext. P3 were not fulfilled. The University took the stand that there was no Inter University tournament/Championship conducted in Archery, and that in any event, such tournaments/Championships were not approved by the Association of Indian Universities. Being aggrieved, the first respondent moved this court by the original petition. 5. The learned single judge held that the fact that the first respondent had secured excellence in the filed of Archery was borne but from the certificates which he had produced. Being aggrieved, the first respondent moved this court by the original petition. 5. The learned single judge held that the fact that the first respondent had secured excellence in the filed of Archery was borne but from the certificates which he had produced. He also noticed that no championship or other competitions had been arranged for Archery at the University of Inter University levels. But, there were both National and International Championships in Archery. Archery had been recognized as a sports event for the Olympics. Ext.P1 showed that the first respondent represented the Kerala State as Archer in the XVIth Senior Archery Championship. 1994 held by the Archery Association of India and Ext.P2 showed that he had participated in the Championship held by the Archery Association at Cuttack. In this view of the matter, the learned Single Judge took the view that the claim of the first resp-0ondent for grace marks fell under item 6 of Ext.P3 and that he should be entitled to the same grace marks as had been awarded to those who had represented the State in weight-lifting and judo in respect of which the Calicut University had no team and no Inter-University Championship was held in respect of the said events. Being aggrieved, the appellants are before us. 6. It is seen from the affidavit in reply filed by N.D.Grover, Under Secretary to the Government of India, Department of Youth Affairs and Sports in the ministry of Human Resources Development, on behalf of the third respondent, that the said Department had formulated a scheme of grants for Games and Sports in Universities and Colleges, that annual grant was given to the Association of Indian Universities for conducting Inter University Tournaments and Coaching/Training camps for participation of University players in National/International Tournaments. The type of Tournaments for which the grant is given to Association of Indian Universities is indicated in Annexure VI of the Scheme, a copy of which is annexed at Ext.R3 (a) indicates with weight Lifting and judo are disciplines recognized by the Association of Indian Universities. But, for one reason or other, Archery has not been included among the recognized sports events. But, for one reason or other, Archery has not been included among the recognized sports events. The reason given in the affidavit of the said Under Secretary is that the discipline Archery is not at all popular among the discipline Archery is not at all popular among the University students and the requisite ten entries for men and six entries for women required for including the event in Inter-University Tournaments are not available amongst the Universities in the country. As a result, the Association of Indian Universities had never approached the Department for inclusion of Archery in the Inter-University Tournaments. In the face of this material, we find it difficult to accept the reasoning of the learned Single judge that because other students who participated in such Inter-University Tournaments/Championship for weight Lifting and Judo had been granted grace marks under Ext.P3 circular, the first respondent before us was also similarly entitled to it. The learned single judge seems to have lost sight of the fact that recognition by the Association of Indian Universities was an essential requisite condition for eligibility for grace marks under the circular at Ext.P3 circular, the first respondent before us was also similarly entitled to it. The learned single judge seems to have lost sight of the fact that the recognition by the Association of Indian Universities was an essential requisite condition for eligibility for grace marks under the circular at Ext.P3. That judo and Weight Lifting were recognized by the Association Of Indian Universities is borne out by the affidavit of the said N.D.Grover, under Secretary, to which we have just now referred. Hence, there was no impropriety in the action of the University in granting the benefit of Ext. P3 circular to students who participated in Inter-University events, like Judo and Weight Lifting. It may be unfortunate for the first respondent that Archery was never so recognized. The reason given for not recognizing the event does not appear to us to be unreasonable. In the result, we find it difficult to sustain the Judgment of the learned Single Judge, which, perhaps rates on the basis of Article 14 of the Constitution. 7. We, therefore, allow the appeal, set aside the judgment of the learned Single judge and dismiss the original petition.