Prajila M. , D/o. K. Prakashan v. State Of Kerala, Rep. By Its Chief Secretary To Government
2023-11-03
DEVAN RAMACHANDRAN
body2023
DigiLaw.ai
JUDGMENT : 1. The petitioner is a young professional handball player and says that she was unfortunately injured during a match in the 44th Junior Girls National Handball Championship. She says that she belongs to a disadvantaged section of the Society, with her father being a taxi driver by profession and the entire family managing on his meagre income; and therefore, that she is incapacitated from undergoing necessary medical procedures, including reconstructive surgeries, as has been recommended through Ext.P20 – Medical Report. 2. The petitioner says that, with all the fiscal constraints the family is facing, her father managed to give her the best medical assistance possible and this is clear from Exts.P12 to P16 certificates, to the effect that she has undergone multiple reconstruction surgeries on her anterior cruciate ligament. She says that, however, it is now impossible for the father to continue to finance her treatment; and therefore, she has preferred Ext.P17 representation before the 6th respondent – Kerala Sports Council, seeking their assistance to complete her medical requirements, failing which, her future as a handball player would be imperilled. She, therefore, prays that competent Authority of the 6th respondent - Kerala Sports Council, be directed to consider Ext.P17 and take an apposite decision thereon without any avoidable delay. 3. Smt.Latha Anand – learned Standing Counsel for the 6th respondent – Kerala Sports Council, in response, submitted that, though her client has no objection in considering Ext.P17, she expressed reservation whether it would be of any help to the petitioner because, normally, the Council gives medical assistance only to the players who are enrolled in the Academy run by them. She submitted that it is not clear from the pleadings whether petitioner is one among them; but added that, this can be looked into while Ext.P17 is considered. She, therefore, prayed that no affirmative declarations be made by this Court in favour of the petitioner in this judgment. 4. The learned Government Pleader – Sri.Sunil Kumar Kuriakose, submitted that Government is committed to sports persons in Kerala; and that, therefore, if the petitioner approaches a competent hospital under their control for this purpose, every assistance will be made available to her, to ensure that she is able to come back to her game with full vigour.
4. The learned Government Pleader – Sri.Sunil Kumar Kuriakose, submitted that Government is committed to sports persons in Kerala; and that, therefore, if the petitioner approaches a competent hospital under their control for this purpose, every assistance will be made available to her, to ensure that she is able to come back to her game with full vigour. He added that there is nothing on record to indicate that petitioner has approached the Government in any manner for this purpose; and therefore, left it to this Court to issue appropriate orders. 5. However, in reply to the afore submissions of the learned Government Pleader, Sri.Praveen K.S. - learned counsel for the petitioner, asserted that though his client had made a representation before the Hon’ble Minister for Sports, it appears to have been rejected and that his client has recently received a communication to such effect. 6. As this Court has been emphasizing in several judgments, a vibrant Society cannot be comprised of merely persons in academic and service pursuits. It requires athletes and sportsmen, inculcated with a robust sporting culture; and this is possible — particularly to those who belong to the disadvantaged society — only if the Government and the community at large give them full support. 7. It is well known and thus deserving of being judicially noticed by this Court that, participation in most of the disciplines is extremely expensive, which many of the brilliant girls and boys may not be able to do, unless they are assured the support of the community; and it is imperative at these times, when the players from our State are fairing better than ever before, in National competitions and even in International fetes. Indubitably, therefore, the support of the Government and the Sports Council for the petitioner in this case is inviolable and totally necessary. 8. In the afore circumstances, this writ petition is disposed of with the following directions: (a) The 6th respondent - Sports Council, will immediately take up Ext.P17 representation of the petitioner and take a decision on it, after affording her an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, within a period of two weeks from the date of receipt of a copy of this judgment.
(b) Depending upon the decision to be taken up by the Sports Council as afore; and should it either reject her request, or if the petitioner require any further assistance, she would be at full liberty to approach the second respondent - Secretary of the Government, with an appropriate application for assistance or medical support; which will, thereupon, be considered by the said Authority and all necessary arrangements made under the aegis of competent hospitals - whether it be private, public or Government - for her to undergo medical procedures and to spring back to her sport with full strength and exuberance. A decision in this regard shall be taken by the said Authority forthwith and not later than two weeks after the representation is received from the petitioner. (c) I also direct the second respondent - Secretary of the Government, to ensure that the petitioner is given all possible continuous support until she recovers from her predicament, so that the promise of a brilliant handball player is not lost to our State, solely because her family is not in a position to support her fiscally.