These writ petitions are related to registration of the association which is engaged in promotion of Gymnastics with the Sports Council. Gymnastics is one of the old events in the sports and is considered as one of the prominent event in the Olympics. Rivalry among Gymnastics personnel is based on sportsman's spirit but same spirit cannot be expected from Associations formed for cause of Gymnastics. These cases are filed by two associations alleged to be engaged in the field of Gymnastics in the State of Kerala.
2. The Kerala Sports Act is a legislation for promotion of sports and games in State of Kerala. This Act constituted a statutory body called Sports Council. It provides granting aids to the various associations registered with Sports Council. Section 5 of the Sports Act enumerates duties, powers and function of the Sports Council. The Sports Council is also given power to fix criteria for the approval and working of Sports Association including the State unit of National Sports Federation having Central Government recognition.
3. The Sports Rules framed under the Act provides for the application and procedure for registration of Sports. It provides that any sports organisation carrying on regular activities at State level and affiliated to the National Sports Federation is entitled for registration with the Sports Council or the District Sports Council as the case may be. It is further provides that in certain sports items not included in the Olympics games, the State organisation affiliated to the Federation or Association at National Level recognised by such sports association will be eligible for registration.
4. The dispute in these writ petitions are pertains to the rival claim by the Kerala Gymnastics Association and the Gymnastics Association for registration under the Sports Council. Section 41 of the Sports Act provides constitution of Appellate Tribunal to adjudicate dispute under this Act. These matters got attention of Sports Appellate Tribunal at Thiruvananthapuram in SAT.Appeal No.3/2013 filed by Kerala State Gymnastics Association against the de-recognition of their Association. SAT.Appeal No.4/2013 is against the decision of the Sports Council to recognise Gymnastics Association. These appeals were disposed by the Appellate Authority. SAT.Appeal No.3/2013 was allowed by holding that the de- recognition shall be set aside and status quo ante shall be maintained till the dispute in the matter is decided by the recognition of the Gymnastics Federation of India. The above decision is challenged in WP(C).No.13813 of 2014 by the Gymnastics Association. By virtue of interim order, the order passed in SAT.Appeal No.3/2013 is stayed. SAT.Appeal No.4/2013 was also disposed by an order on the same day by a similar order passed in SAT.Appeal No.3/2013. The writ petition WP(C).No.14919/2014 was filed by the Kerala State Gymnastics Association to award grace mark to the Gymnastics for admission in sports quota. WP(C).No.24802 of 2014 is filed for the recognition of Kerala State Gymnastics Association by the Sports Council. All these matters are taken up together and heard today.
5. The parties address with various disputes. It is submitted by the Senior Counsel appearing for the Gymnastics Association that their association got the recognition from the National Federation. It is also submitted by the learned Counsel for the petitioner appearing for Kerala State Gymnastics Association that they have also got recognition from the National Federation. Essentially, dispute involved here is a question as to which Association is having recognition from the National Federation. One of the conditions in Rule 55 for registration with the Council is based on the affiliation to the National Federation. Therefore, I am of the view, this question of fact has to be decided by the Council itself.
Therefore, this Court do not find any reason to interference with the order passed by the Appellate Authority for the simple reason that the Appellate Authority found that the registration will be depend upon the decision of the Federation regarding recognition. Therefore, I need not probe much on this issue for the reason that such issue is capable of decision by the Sports Council itself in terms of Rule 55. Therefore, there shall be a direction to the Sports Council to take a decision after hearing the representative of Kerala State Gymnastics Association and Gymnastic Federation within a period of three weeks. It is incumbent upon the Sports Council to ascertain the views of the Federation before taking a decision in the matter.
6. It is submitted by the learned counsel for the petitioner for Kerala State Gymnastics Association that they have proposed to hold a State Championship from 26th to 27th of November, 2014, I am of the view, sanctity of holding any Championship will be depend upon the registration to be granted by the Sports Council. At this stage, the Kerala State Gymnastics Federation cannot claim that they have any right to hold any Championship unless the Sports Council recognise them to grant registration, as the Court has stayed the order passed by the Appellate Authority in SAT.Appeal No.3/2013. The rights of sports personnel, of course cannot be defeated on account of this dispute. However, they must be cautioned about their participation in any events which will be subject to the decision of registration by Sports Council. Therefore, the Kerala State Gymnastics Association is allowed to hold the Championship after giving notice to all the participants that their registration is yet to be granted by the Sports Council and participants cannot claim any equity from Sports Council in the event registration is refused. Therefore, an observer shall be deputed by the Sports Council for their event at the expenses of the Kerala State Gymnastics Association. However, it is made clear the sanctity of event as well as deputing the observer will be depend upon the registration to be granted by the Sports Council.
The writ petitions are disposed of as above. In view of the above discussion, the Contempt Case is closed.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE)
Kvs/-
// true copy //