IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE12H DAY OF DECEMBER201321ST AGRAHAYANA, 1935 WP(C).No. 2007 of 2012 (S) --------------------------- PETITIONER(S): -------------- M.K.RAJAGOPALAN AGED55YEARS S/O.P.GOPALAN, SECRETARY KOZHIKODE DISTRICT KALARIPAYATTU ASSOCIATION KOZHIKODE-673 001. BY ADVS.SRI.SHYAM PADMAN SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): -------------- 1. INDIRA GANDHI NATIONAL OPEN UNIVERSITY MAIDAN GARHI, NEW DELHI-110 068 REP.BY ITS VICE CHANCELLOR.
2. OLINA COMMUNITY COLLEGE NEAR KANAKALAYA BANK, WEST HILL PO CALICUT-673005.REP.BY ITS PROPRIETOR SMT.SUJATHA.
3. SRI.T.SUDHAKARAN, AGED57YEARS S/O.T.VASU, EDAKAD C.V.N.KALARI, THEKUM MADATHIL EDAKKAD PO, CALICUT-673 005.
4. GOVERNMENT OF INDIA, DEPT. OF EDUCATION, MINISTRY OF HUMAN RESOURCE DEVELOPMENT NEW DELHI-110 001. R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R1 BY ADV. SRI.P.M.M.NAJEEB KHAN, SC IGNOU R2 BY ADV. SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1212-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2007 of 2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF DESHABIMANI PAPER PUBLICATION DATED2108.2011. EXHIBIT-P2. TRUE COPY OF THE NEWS PAPER REPORTS (IN NOS.). EXHIBIT-P3. TRUE COPY OF THE REPRESENTATION DATED0709/2011. EXHIBIT-P4. TRUE COPY OF THE REPRESENTATION DATED1409/2011. EXHIBIT-P5. TRUE COPY OF THE REPRESENTATION DATED3009/2011. EXHIBIT-P6. TRUE COPY OF THE REPRESENTATION DATED0710/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, C.J & A.M.SHAFFIQUE, J.
---------------------------------------------- W.P(C).No. 2007 of 2012 ---------------------------------------------- Dated this the 12th December, 2013 JUDGMENT
Manjula Chellur, C.J.
In response to notice on admission, respondents have appeared through their counsel.
2. Present public interest litigation is filed seeking the following reliefs in the nature of sentiment of the public regarding traditional form of martial arts in the State of Kerala: "i) To call for the records leading up to the decision to commence and conduct the short term courses in Kalaripayatu and Marmachikilsa as advertised in Ext.P1 paper publication and to quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction. ii) To issue a writ of mandamus or any other appropriate writ, order or direction compelling respondents 1 to 3 to act strictly in terms of Indira Gandhi National Open University Act, 1985 and Statutes while commencing and conducting courses in WP(C).2007/12 2 Kalaripayatu and Marmachikilsa, and to ensure that the quality, standard and sanctity of the traditional and ancient cultural and martial art form of Kalaripayatu and Marmachikilsa is not compromised. iii) To declare that courses in such ancient, traditional cultural and martial art forms should only be commenced and conducted after a proper scientific study and research involving all the concerned relevant parties including representatives of the Association, Sports Council, IGNOU, the recognised Gurukals/Masters in this discipline in the State, Ministry of Culture and Sports and eminent historians." 3. Petitioner alleges that the short term certificate courses decided to be conducted by the respondent University would come in the way of sentiments of public, therefore, such courses should not be allowed to be conducted by the respondent University. According to the respondents, petitioners are also conducting classes in Kalaripayatu and other martial arts without any proper certificate or degree. Starting of certificate courses and other short term courses definitely would have an impact on the activities of the petitioner-association, as they are also running classes in similar martial arts. This seems to be the actual WP(C).2007/12 3 cause for filing of this public interest litigation, is the argument of the respondents. As long as the short term or certificate courses are conducted in the respondent University after constituting an Expert Committee to look into other details like how long the courses should be, who should be the faculty etc. there is systematic way of conducting classes. Ultimately, the students, who undergo the courses are also given certificates depending upon the nature of course they undertake. In that view of the matter, we fail to understand how any public is prejudiced, if proper courses are conducted under the expert guidance of various persons from different fields of martial arts. In the light of above observations, we are of the opinion, the petitioner is trying to achieve a personal object rather than a cause for the public at large. Accordingly, the Writ Petition is dismissed. MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs12.12