Tamil Nadu Silambattam Association (Reg. No. 232/1980) v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2024
CORAM:
THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN W.P. No.9903 of 2022 and W.M.P.Nos.9617 & 9618 of 2022 TamilNadu Silambattam Association, Rep. by its General Secretary, K.G.Murali Krishna, AJ-11, 2nd Street, Shanthi Colony, Anna Nagar, Chennai - 600 040.
Tamilnadu.
... Petitioner vs.
1. The Secretary to Government, Ministry of Sports and Youth Welfare, C Wing, Sastri Bhavan, Dr.Rajendraprasad Road, New Delhi - 01.
2. The Principal Secretary to Government, Sports and Youth Welfare Department, Fort St., George, Chennai-09.
3. Sports Development Authority of TamilNadu, Represented by its Member Secretary, Nehru Stadium, Raja Muthaiyah Road, Periyamedu, Chennai-03.
4. The Member Secretary/General Manager (i/c.) Sports Development Authority of Tamilnadu, Nehru Stadium, Raja Muthaiyah Road, Periyamedu, Chennai-03.
... Respondents 1/8
Prayer : Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Certiorarified Mandamus calling for the records pertains to the impugned letter A.Sa.No.15184/EM-1/2017 SDAT, Chennai-84 dated 10.02.2022 issued by the 4th respondent, General Manager i/c. and quash the same insofar as removing the recognition of the petitioner association in respect of Annexure Sl.No.26(b) and its remarks of the impugned letter dated 10.02.2022 and consequently directing the Authorities to restore the original position and to consider the Sports Competition Certificate issued by the TamilNadu Silambattam Association in the sports quota for the school and college admissions and priority given to sports quota appointment.
For Petitioner : Mr.U.Karunakaran For Respondent 1 : Mr.R.Subramanian Senior Panel Counsel For Respondents 3 & 4 : M/s.N.S.Tanvi Standing Counsel For Respondent 2 : Mr.E.Vijay Anand Additional Government Pleader
ORDER
This writ petition has been filed challenging the order passed by the 4th respondent dated 10.02.2022 thereby not to grant any aid or permission to the petitioner's association.
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2. The petitioner was recognized by the 3rd respondent and also recognized as a Sports Association by the committee headed by Hon'ble Chief Minister of Tamilnadu is the Chairman of 3rd respondent's Governing Council. In the year 1993, the Indian Silambam Federation was recognized under Societies Act, 1860. So far 24 state associations are affiliated to Indian Silambam Federation. The petitioner is regularly conducting competitions for Sub-Juniors, Juniors and seniors both men and women. The petitioner is affiliated with Indian Silambam Federation and it is the parent body of the petitioner's association. So far it conducted several State Level Competitions, 12 National Level Competitions, 2 International Competitions. While being so, the 3rd respondent has directed the petitioner to produce recognition copy from first respondent.
However, the petitioner's association send reply to 3rd respondent and the petitioner's file is pending with first respondent. Therefore, the 3rd respondent had withheld the petitioner Association's annual grant from the year 2019 for non production of recognition copy from the first respondent.
for National Recognition. However, the first respondent recognized the association called ''All India Silambam Federation'' on 11.03.2021. Therefore, it was challenged before this Court in W.P.No.13262 of 2021. The said writ petition was allowed by an order dated 28.01.2022 by this Court. The first respondent has no role in recognizing the State Sports like Silambam, since the Silambam is non-Olymbic Game. In fact, the Government of TamilNadu announced that Sport of Silambam is a Game for poor rural children and ordered 3% reservation for appointment of meritorious sports person for recruitment in Government Departments and 10% reservation for meritorious sports persons in the recruitment for TamilNadu Uniform Services Recruitment Board (TNUSRB). Therefore, recognition from the first respondent is not required for grant aid to the recognized sport of Silambam as one of the sport played in the State of TamilNadu.
3. The 3rd respondent filed counter and submitted that the 3rd respondent is Government Authority that grants recognition/renewal of recognition to State Sports Associations. Upon recognition, the State Sports Association will control the sport at the State level - conduct state selections for representations of the State at National Games/ 4/8
Championships, issued certificates will be considered for sports quota category in higher education and recruitment. Therefore, one of the condition for recognition of State Sports Association is affiliated to a National Sports Federation recognized by first respondent. Then, the recognition is withdrawn by the 3rd respondent. Therefore, the condition of affiliation to a National Sports Federation recognized by the first respondent is also applicable for the Sport of Silambattam. Therefore, admittedly there is no role to grant aid for recognition by the 3rd respondent that the Sports Association shall be recognized by the National Sports Federation. Further, there is no pre-requisite condition to get recognition from the National Sports Federation with the 3rd respondent for grant aid and other benefits.
4. The sport of Silambattam is a traditional game originated in TamilNadu and it is popularly spread and it is played in several states across the country and also in various other countries. 5/8
5. In view of the above, the impugned order passed by the 4th respondent dated 10.02.2022 cannot be sustained and liable to be quashed. Accordingly, the order passed by the 4th respondent dated 10.02.2022 is quashed. The 3rd respondent is directed to restore the original position of the petitioner's association and to consider the certificate issued by the petitioner under sports quota for all purposes.
6. With the above direction, this writ petition is allowed. Connected miscellaneous petitions are closed. No costs. 12.06.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order gvn 6/8
To
1. The Secretary to Government, Ministry of Sports and Youth Welfare, C Wing, Sastri Bhavan, Dr.Rajendraprasad Road, New Delhi - 01.
2. The Principal Secretary to Government, Sports and Youth Welfare Department, Fort St., George, Chennai-09.
3. Sports Development Authority of TamilNadu, Represented by its Member Secretary, Nehru Stadium, Raja Muthaiyah Road, Periyamedu, Chennai-03.
4. The Member Secretary/General Manager (i/c.) Sports Development Authority of Tamilnadu, Nehru Stadium, Raja Muthaiyah Road, Periyamedu, Chennai-03.
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G.K. ILANTHIRAIYAN, J.
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