IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 OP.No. 15612 of 1999(H) ----------------------- PETITIONER: --------------- O.AJITHA, OPPANU MATOM, WARD No.1., THRUVALLAM, THIRUVANANTHAPURAM. BY ADV. SRI.S.GOPAKUMARAN NAIR SRI.M.CHANDRA BOSE SRI.D.JAYACHANDRAN RESPONDENTS: ----------------- 1. THE MANAGER.H,R,D., KERALA TOURISM DEVELOPMENT CORPORATION LTD. (K.T.D.C), MASCOT SQUARE, TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA TOURISM DEVELOPMENT CORPORATION LTD., (K.T.D.C), MASCOT SQUARE, TRIVANDRUM. 3. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (TOURISM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R2 BY ADV. SRI.B.GOPAKUMAR, SC, K.T.D.C. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.15612/1999 2 ORDER ON C.M.P.No.25360/1999 IN O.P.No.15612/1999 DISMISSED. 03/04/2008 Sd/- T.R.RAMACHANDRAN NAIR,JUDGE APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR SPORTS. EXT.P2: COPY OF THE APPOINTMENT ORDER DATED 20.10.97. EXT.P3: COPY OF THE APPOINTMENT ORDER NO.KTDC/PAD(3)/3750/94 DATED 1.1.94. EXT.P4: COPY OF THE INTIMATION DATED 13.8.97. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE LETTER No. KTDC/PA (3)/MISC./98 DT.15.9.98 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J ==================== O.P.No.15612 of 1999 ======================== Dated this the 3rd day of April, 2008 JUDGMENT The prayer in the writ petition is for a direction to the respondent to consider the petitioner for appointment in the vacancy to the post of Hostess. The petitioner is an aquatic champion who had participated in state and national level competitions and has won many prices. The petitioner in that capacity sought an appointment in the service of Kerala Tourism Development Corporation. Initially she was selected and appointed as a Typist trainee for a period of six months and continued for a period of two years. The present claim of the petitioner is that she be appointed in a regular vacancy of one Miss.Saritha who resigned and left the job. 2. Second respondent has filed a counter affidavit. It is explained therein that there is no scheme in the Corporation to reserve a particular number of posts for appointment from among sportsmen and women of outstanding ability who have participated in State or national level events. According to them, since there is no such reservation, the request of the petitioner O.P.No.15612/1999 2 cannot be accepted. In Paragraph 8 it is submitted that the management had decided not to fill up the vacancy caused due to the resignation of Miss. Saritha. It is entirely for the Corporation to evolve a scheme to appoint persons who have excelled in sports or not. The claim of the petitioner as such could have been considered only if there was a valid scheme and even if there is a valid scheme, the corporation will have to give opportunity to persons who are eligible to apply under the scheme and conduct appropriate test etc before making any appointment. As the Corporation has decided not to fill up the vacancy now, this Court cannot compel the Corporation to consider the claim of the petitioner. In that view of the matter, the writ petition fails and the same is dismissed. T.R.RAMACHANDRAN NAIR,JUDGE dvs