IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 27121 of 2008(D) --------------------------------------- PETITIONER: ------------------- MS.SEENA, KATTUCKAL VELIYIL, PATHIRAPALLI P.O., ALAPPUZHA, KALAVOOR- 688 521. BY ADVS. SRI.DEVAN RAMACHANDRAN, SRI.A.SARATH. RESPONDENTS: ------------------------ 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION (SERVICES) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. AMBILI.G. GOKULAM HOUSE, AIYALOOR P.O., PALLIYAMANGALAM, PALAKKAD – 678510. R1 BY SR.GOVERNMENT PLEADER SRI. P. NANDAKUMAR, R2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, ALONG WITH W.P.(C). NO. 31144 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27121/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION NO.82102/SD1/2005/GAD DTD. 04/02/2006. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY THE INDIAN POWER LIFTING FEDERATION. EXT.P.3: COPY OF THE CERTIFICATE ISSUED BY ASIAN POWER LIFTING FEDERATION. EXT.P.4: COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE POWER LIFTING ASSOCIATION. EXT.P.5: COPY OF THE G.O.(RT).NO.803/2008/GAD DTD. 28/01/2008. EXT.P.6: COPY OF THE REPRESENTATION MADE BEFORE THE R.1. DTD. 28/08/2008. EXT.P.7: COPY OF THE LETTER DTD. 11/05/07 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE G.O.(MS).NO.161/85/GAD DTD. 04/05/1985 ISSUED BY THE GOVERNMENT. EXT.R2.B: COPY OF THE G.O.(P) NO.361/85/GAD DTD. 22/08/1985 ISSUED BY THE GOVERNMENT. EXT.R2.C: COPY OF THE CERTIFICATE DTD. 17/01/2002 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES. EXT.R2.D: COPY OF THE CERTIFICATE OF HONOUR DTD. NIL ISSUED BY THE INDIAN POWERLIFTING FEDERATION. EXT.R2.E: COPY OF THE CERTIFICATE OF HONOUR DTD. NIL ISSUED BY THE INDIAN POWERLIFTING FEDERATION. EXT.R2.F: COPY OF THE CERTIFICATION DTD. NIL. ISSUED BY THE INTERNATIONAL POWERLIFTING FEDERATION (IPF). EXT.R2.G: COPY OF THE CERTFICATION DTD. NIL. ISSUED BY THE INTERNATIONAL POWERLIFTING FEDERATION (IPF). EXT.R2.H: COPY OF THE CERTIFICATE OF MERIT DTD. 29/12/2002 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES. EXT.R2.I: COPY OF THE CERTIFICATE OF MERIT DTD. 19/12/2003 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES. EXT.R2.J: COPY OF THE CERTIFICATE OF HONOUR DTD. NIL. ISSUED BY THE INDIAN POWERLIFTING FEDERATION. EXT.R2.K: COPY OF THE CERTIFICATE OF HONOUR DTD. NIL. ISSUED BY THE INDIAN POWERLIFTING FEDERATION. W.P.(C). NO.27121/2008-D: EXT.R2.L: COPY OF THE CERTIFICATE OF MERIT DTD. 13/01/2005 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES. EXT.R2.M: COPY OF THE CERTIFICATE OF MERIT DTD. 18/01/2006 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES. EXT.R2.N: COPY OF THE CERTIFICATION DTD. NIL. ISSUED BY THE ASIAN POWERLIFTING FEDERATION. EXT.R2.O: COPY OF THE CERTIFICATION NIL. ISSUED BY THE INTERNATIONAL POWERLIFTING FEDERATION. EXT.R2.P: COPY OF THE CERTIFICATE DTD. 31/05/2005 ISSUED BY THE HONORARY GENERAL SECRETARY OF INDIAN POWERLIFTING FEDERATION. EXT.R2.Q: COPY OF THE CERTIFICATE DTD. 17/06/2008 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.R2.R: COPY OF THE B. ED. PROVISIONAL CERTIFICATE DTD. 23/05/2008 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.R2.S: COPY OF THE LETTER BEARING NO. 23762/SD1/06/GAD DTD. 11/01/2007 ISSUED BY THE R.1. EXT.R2.T: COPY OF THE PROCEEDING NO. 23762/SD1/06/GAD DTD. 24/01/2007 ISSUED BY THE R.1. EXT.R2.U: COPY OF THE NOTICE BEARING NO. 23762/SD1/06/GAD DTD. 13/02/2007 ISSUED BY THE R.1. EXT.R2.V: COPY OF THE G.O.(MS).NO.290/2008/GAD DTD. 25/08/2008 ISSUED BY THE GOVERNMENT. EXT.R2.W: COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA AND MATHRUBHUMI DAILY DTD. 27/08/2008. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) Nos.27121/08 & 31144/2008 -------------------------------------------------- Dated this the 20th day of May, 2010 J U D G M E N T Issue raised in these writ petitions are connected and therefore these writ petitions are heard and disposed of by the common judgment. 2. By notification dated 4.2.2006 (Ext.P1 in WP(c). No.27121/08) applications are invited from sportsmen/women, who have made achievements in sports/games discipline shown in Annexure-I to the notification. Both the petitioners applied in response to the notification. Annexure-IV to the notification provides the order of priority for selection. Petitioner in WP(c). No.27121/2008 submits that she is entitled to priority at Sl. Nos.17 and 27, whereas the petitioner in WP(c).No.31144/2008 was included in the reserve list, taking into account her priority 17 and 31. On coming to know of her omission from the list, petitioner in WP(c).No.27121/2008 submitted a representation to the Government. Thereafter, she filed WP(c).No.27121/2002 and obtained an order of stay of appointment of petitioner in WP(c). WPC.No.27121 /08 & anor. :2 : No.31144/2008. 3. On receipt of the representation, Government examined the matter and found that by omission petitioner in WP(c).No. 27121/2008 was not included in the select list. Accordingly, the select list was reviewed and modified select list (Ext.P25 in WP(c).No.31144/2008) in respect of the discipline viz, group No.III, was published on 29.9.2008. In the modified select list, petitioner in WP(c).No.27121/2008 was included at Sl.No.1 and the petitioner in WP(c).No.31144/2008 was retained at Sl.No.2. On publication of Ext.P25 WP(c).No.31144/2008 was filed where also stay of appointment of the petitioner in WP(c). No.27121/2008 was obtained. 4. Thus with the issuance of Ext.P25 referred to above, the grievance of the petitioner in WP(c).No.27121/2008 has been redressed and what remains to be examined is whether Government was justified in issuing Ext.P25. Pleading in WP(c).No.31144/2008 does not show that the petitioner therein has any challenge against the claim of the petitioner in WP(c).No.27121/2008 for priority at Sl.Nos.17 and 27. Admittedly, the petitioner in WP(c).No.31144/2008 is entitled to priority 17 and 31 only. If that be so, the non inclusion of the petitioner in WP(c).No.27121/2008 in the first select list was WPC.No.27121 /08 & anor. :3 : certainly an omission and therefore Government by issuing Ext.P25 was only correcting a mistake committed by it. This precisely is the stand taken by the Government Pleader. Therefore, challenge against Ext.P25 has to fail. 5. The contention now raised by the counsel for the petitioner in WP(c).No.31144/2008 is that the select list (Ext.P5 in WP(c). No.27121/2008 ) provided two weeks time for filing objection and that the petitioner in WP(C) No.27121/08 did not file objection within time. In my view, even if there is delay in raising objection, still when the Government was informed of an omission on its part and the Government accepted that there was an omission and corrected the mistake, the time frame mentioned in Ext.P5 could not have stood in the way of Government in exercising that power. Therefore challenge in WP(c).No.31144/08 has to fail and the writ petition is dismissed. Accordingly, WP(c).No. 27121/2008 is disposed of directing that it will be open to the respondents to consider the petitioner for appointment in terms of her ranking in the revised select list. (ANTONY DOMINIC) vi. JUDGE