Writ Petition No. 12259 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:16470 WP No. 12259 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12259 OF 2022 (GM-RES) BETWEEN: 1. MR. KHAMRUDDIN K.M AGED 36 YEARS, NATIONAL REFEREE KARNATAKA STATE FOOTBALL ASSOCIATION NO.28, RANOJI ROAD, BASAVANAGUDI BENGALURU-560004 2. THE PRESIDENT M/S BASAVANGUDI FOOTBALL CLUB AFFILIATED TO KARNATAKA STATE FOOTBALL ASSOCIATION NO.28, RANOJI ROAD, BASAVANAGUDI BENGALURU-560004 …PETITIONERS Digitally signed by NAGAVENI Location: High Court of Karnataka
Legal Reasoning
(BY SRI. CHANDRAIAH.,ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF CO-OPERATION, ROOM NO.610, 6TH FLOOR, 3RD GATE, M S BUILDING, BANGALORE-560009 REPRESENTED BY ITS SECRETARY 2. THE REGISTRAR SOCIETIES 2ND CIRCLE, BENGALURU URBAN DISTRICT NO.146, "SAHAKARA SOUDA" 3RD MAIN ROAD, 8TH CORSS MARGOSA ROAD, MALLESHWARAM BENGALURU-560003 - 2 - NC: 2025:KHC:16470 WP No. 12259 of 2022 3. KARNATAKA STATE FOOTBALL ASSOCIATION BENGALURU FOOTBALL STADIUM ASHOKA NAGARA BENGALURU-560025 REPRESENTED BY ITS SECRETARY (REGD. NO.903/55-54) REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960 4. ALL INDIA FOOTBALL FEDERATION FOOTBALL HOUSE, SECTOR-19 PHASE - I, DWARAKA NEW DELHI-110075 REPRESENTED BY ITS SECRETARY 5. THE UNION OF INDIA MINISTRY OF YOUTH AFFAIRS AND SPORTS ROOM NO.401, C-WING, SHASTRI BHAVAN NEW DELHI-110001 REPRESENTED BY ITS SECRETARY 6. GOVERNMENT OF KARNATAKA DEPARTMENT OF YOUTH EMPOWEMENT AND SPORTS NRUPATHUNGA ROAD, AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1, R2 & R6; SRI. SHAKEEL ABDUL RAHIMAN, ADV. FOR R3; SRI. K.S. BHEEMAIAH, ADV. FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION / ORDER TO THE R-2 TO CONSIDER ALL HIS REPRESENTATIONS DTD. 09.03.2022 ANNX-A, 23.03.2022 ANNX-B, 22.04.2022 ANNX-C, 25.04.2022 ANNX-D, AND REPRESENTATION DTD. 13.05.2022 ANNX-E, AS EXPEDIOUSLY AS POSSIBLE WITHIN THE OUTER LIMIT OF 3 MONTHS OR TO PASS SUITABLE ORDERS UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16470 WP No. 12259 of 2022 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court seeking the following prayer: "Wherefore, the petitioner humbly prays this Hon'ble Court may kindly issue writ of mandamus or any other writ/direction/order to the respondent No.2 to /dispute No.23/22 dated consider 09/03/2022 - Annexure - A, as expeditiously as possible within the outer limit of 3 months or to pass suitable orders under the facts and circumstance of the case, in the interest of justice and equity." the petition 2. Heard the learned counsel Sri.Chandraiah, appearing for the petitioner, the learned Additional Government Advocate Sri.Mohammed Jaffar Shah, appearing for respondent Nos.1, 2 and 6, the learned counsel Sri.Shakeel Abdul Rahiman, appearing for respondent No.3 and the learned counsel Sri.K.S.Bheemaiah, appearing for respondent No.5. 3. The first petitioner is said to be a National Referee and is associated with the Karnataka State Football Association. The second petitioner is the President of M/s. Basavangudi - 4 - NC: 2025:KHC:16470 WP No. 12259 of 2022 Football Club affiliated again to the Karnataka State Football Association. The petitioners are said to have submitted a petition to the second respondent - the Registrar of Societies to issue appropriate orders directing the third respondent to recommend the name of the first petitioner to the 4th respondent to enable him participate as a National Referee, which he said to have been doing for several years. Representations again to the second and third respondent galore. It is the case of the petitioners that on 31.03.2022, the third respondent declines to recommend the name of the first petitioner for the purpose of functioning as a National Referee in the football game. It is this, that has driven the petitioners to this Court, in the subject petition. 4. The learned counsel appearing for the petitioners would take this Court through the representations of the petitioners to content that the first petitioner has always been appointed as a National Referee in the events held by the Karnataka State Football Association and its only now the third respondent is not recommending the name of the first petitioner to the second respondent. It is therefore, he is before - 5 - NC: 2025:KHC:16470 WP No. 12259 of 2022 this Court seeking a direction by issuance of a writ in the nature of mandamus. 5. The learned Additional Government Advocate appearing for the first and second respondent would submit that if a recommendation would come through the proper channel, there would be no impediment to consider the case of the petitioners, in accordance with law. Therefore, I deem it appropriate to notice the representation, it reads as follows: " Date: 21/03/2022 From 1. Khamruddin K M National Referee of Karnataka State Football Association No.28, Ranoji Rao Road Basavanagudi, Bangalore-560004. and 2. The President, M/s Basavangudi Football Club, Affiliated to Karnataka State Football Association No-28, Ranoji Rao Road, Basavanagudi, Bangalore-560004. To The Registrar of societies, Government of Karnataka, Sahakara Soudha, 8th Cross, Malleshwram, Bangaloru-560003. - 6 - NC: 2025:KHC:16470 WP No. 12259 of 2022 Dear Sir, Sub: My dispute with Karnataka State Football Association - Reg. Ref: My earlier letter dated 24/01/2022 another dated 09/03/2022 sent to you under Register post with acknowledgement due another in person copies enclosed. In enclosing copies of the above reference letter's I would like to bring to your kind notice that, in connection with the above matter I have received another information from All India Football Federation on 16 march 2022, wherein it is informed to the Karnataka State Football Association, that there is a selection to pick referee's Fitness instructor amongst the referee's available in the country with required qualification experience etc copy of the information sent by the All India Football Federation is enclosed for our kind reference. Sir, for your kind information for the post of referee's there are three available in the State. But All India Football Federation ask only one to recommend, It may be noted that last date to send name of the eligible candidate is 31/03/2022. It may be further noted that out of the above 3 candidates I am only the candidate highly qualified having more experience, more representation in Football 7 Nationals and 1 School Games Federation of India, present in the state, KSFA has to send only my name for the post of "REFEREE'S FITNESS INSTRUCTOR SELECTION" but they will not send my name due the matter is pending in your office since 03/02/2022. I therefore pray to please issue notice under section 25(1) of the societies registration 1860, which is pending in your office without any further delay, which may help me in sending my name by the Karnataka dully Football recommending my name to the post of "REFEREES FITNESS INSTRUCTOR SELECTION" hope my request may be considered sympethically in the interest of justice and equity. Association State - 7 - NC: 2025:KHC:16470 WP No. 12259 of 2022 It is further requested to please issue necessary instructions to KSFA to send a referee who is highly qualified in all respect without any bias pending finalisation of the dispute pending before the registrar of societies. Thanking you. Yours faithfully Sd/- KHAMRUDDIN K M" 6. The first petitioner in terms of the representation wants to be a National Referee in the events held by the Karnataka State Football Association and his claim is said to be declined by the fourth respondent to recommend his name to the third respondent. 7. In the light of the prayer being innocuous, as it is sought only for consideration of his representation, I deem it appropriate to direct the second respondent to consider the representation of the petitioners, in the event recommendation would come from the third respondent for appointment or to work as a National Referee in the events held by the Karnataka State Football Association. The representation of the petitioners shall merit its consideration, within three months from the date of receipt of the copy of the order, if not earlier. - 8 - NC: 2025:KHC:16470 WP No. 12259 of 2022 8. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 78