Court Can't Decide Whether Competition In Particular Sports Category Should Be Conducted Or Not, Prerogative Of State: Kerala High Court
The Kerala High Court stated that decisions such as if a competition has to be conducted in a particular category or not is a prerogative of the Government and has to be decided by a competent authority of the State.Justice Devan Ramachandran observed that the writ court under Article 226 cannot make such decisions as it requires evaluation of necessary factual and documentary...
The Kerala High Court stated that decisions such as if a competition has to be conducted in a particular category or not is a prerogative of the Government and has to be decided by a competent authority of the State.
Justice Devan Ramachandran observed that the writ court under Article 226 cannot make such decisions as it requires evaluation of necessary factual and documentary inputs.
“The question whether a competition in a particular category should be conducted, and in what manner, are to be decided by competent Authority of Government of Kerala at the first instance and it cannot be done by this Court, while acting under Article 226 of the Constitution of India, particularly, because it requires evaluation of necessary factual and documentary inputs.”
The petitioners had approached the Court alleging that because the State government was not conducting the Under 17- Roller Skating Competition in Kerala, children were unable to participate in the National Level Competitions despite being eligible.
The Counsel for the respondents submitted that conducting competitions was a policy matter and decisions have to be taken by the competent authority of the government. He thus, pleaded that the Court may not make any affirmative declarations in favour of the petitioners, but leave it to the competent authority to take an apposite decision as per law.
The Court held that the question of whether a competition in a particular category should be conducted, and in what manner, is to be decided by the competent authority of the State and not by the Court under Article 226.
It thus directed the respondents to make a decision regarding the trial and selection competitions of children for the Under-17 Roller Skating Competition within a month since the National Competition was nearing.
On the above observations, the Court disposed of the petition.
Counsel for the Petitioners: Advocates T K Sandeep, Veena Harikumar, Swetha R
Counsel for the respondents: Government Pleader Sunil K Kuriakose, Standing Counsel Latha Anand
Citation: 2023 LiveLaw (Ker) 523
Case Title: Sayanth S v State of Kerala
Case number: WP(C) NO. 30304 Of 2023