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2022 DIGILAW 2000 (MAD)

S. Gopalakrishnan v. Union of India, Rep by its Secretary to Government, Shastri Bhawan,

2022-07-11

ABDUL QUDDHOSE

body2022
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents more particularly, the 2nd and 7th respondents to conduct the National Swimming Coaching Camp, presently scheduled to be held from 18-7-200 to 23-7-2022 at Mandya, Karnataka by including the petitioner's son Mr.V.G.Nitin Krishna, as a deserving athlete, interalia, from the State of Tamil Nadu and considering his case strictly in terms of Interim Order dated 20.08.2019 passed in W.P.No.22565 of 2019.) 1. This writ petition has been filed for a Mandamus seeking for a direction to the respondents more particularly, the 2nd and 7th respondents to conduct the National Swimming Coaching Camp, presently scheduled to be held from 18-7-2022 to 23-7-2022 at Mandya, Karnataka by including the petitioner's son Mr.V.G.Nithin Krishna, as a deserving athlete, interalia, from the State of Tamil Nadu and considering his case strictly in terms of Interim Order dated 20.08.2019 passed in W.P.No.22565 of 2019. 2. Heard Mr.T.Ramesh, learned counsel for the petitioner and Mr.T.V.Krishnamachari, learned counsel accepts notice on behalf the respondents 1 and 4 and Mr.K.H.Ravi Kumar, learned Government Advocate accepts notice on behalf of the sixth respondent. By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 3. According to the petitioner, his son Mr.V.G.Nithin Krishna was selected to take part in the National Swimming Coaching Camp, which was earlier scheduled to be held in Mumbai, Maharashtra from 13.02.2022 to 18.02.2022. The said camp was later postponed due to covid related issues and later shifted to Mandya, Karnataka to be held from 18.07.2022 to 23.07.2022. The selection list dated 10.12.2021 has been filed as a document along with this writ petition, which discloses the petitioner's son Mr.V.G.Nithin Krishna in Sl.No.5. According to the petitioner, to his shock and surprise, his son Mr.V.G.Nithin Krishna has now been excluded from participing in the Special Coaching Camp, presently scheduled to be held from 18.07.2022 to 23.07.2022 at Mandya, Karntaka. According to the petitioner, the swimmers who are ranked after the petitioner's son Mr.V.G.Nithin Krishna, in the selection trails have been selected to participate in the aforementioned event between 18.07.2022 and 23.07.2022. According to the petitioner, the selection list prepared by the respondents, is illegal and arbitrary as it has ignored the correct selection list dated 10.12.2021. 4. According to the petitioner, the swimmers who are ranked after the petitioner's son Mr.V.G.Nithin Krishna, in the selection trails have been selected to participate in the aforementioned event between 18.07.2022 and 23.07.2022. According to the petitioner, the selection list prepared by the respondents, is illegal and arbitrary as it has ignored the correct selection list dated 10.12.2021. 4. Learned counsel for the petitioner relies on the interim order passed by the Division Bench of this Court dated 20.08.2019 in WP No.22565 of 2019, involving identical set of facts,wherein, the petitioner therein was permitted to participate in an event meant for Special children. The petitioner has given a representation on 11.06.2022 requesting the respondents to permit the petitioner's son Mr.V.G.Nithin Krishna to participate in the event scheduled to be held from 18.07.2022 to 23.07.2022 at Mandya, Karntaka. The representation has also not been considered till date. 5. No prejudice would be caused to the respondents if the petitioner's representation in the light of the aforementioned observations is considered on merits and in accordance with law before the schedule date of event which is on 18.07.2022. 6. For the foregoing reasons, this Court directs the respondents 2 and 7 to pass final orders on the petitioner's representation dated 11.06.2022, requesting his son Mr.V.G.Nithin Krishna to be allowed to participate in the National Swimming Coaching Camp, presently scheduled to be held from 18-7-2022 to 23-7-2022 at Mandya, Karnataka, on merits and in accordance with law after giving due consideration to the contentions of the petitioner as recorded by this Court on or before 14.07.2022. The petitioner is permitted to produce documents/records to substantiate his claim before the second respondent. 7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 8. Post the matter for reporting compliance on 15.07.2022.