IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 14780 of 2007(H) ---------------------------------- PETITIONER(S): --------------- NISHA MOL R.S., AGED 25, DAUGHTER OF R.REMANAN, RESIDING AT MANNANAZHIKATHU VEEDU, MULAMKADAKAM, THIRUMULLAVARAM, KOLLAM DISTRICT, PIN-691 012. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: -------------------- THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION (SERVICES D), SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI. ANTONY MUKKATH - GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: acd WP(C).No. 14780 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE FORM OF APPLICATION IN ANNEXURE III DATED 12.08.2005 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF NOTIFICATION NO.28620/SDI/2005/GAD DATED 8TH DECEMBER 2005 ISSUED BY THE RESPONDENT IN THE KERALA GAZETTE (EXTRAORDINARY). EXT.P3; COPY OF NOTIFICATION NO.82102/SDI/2005/GAD DATED 4TH FEBRUARY 2006 ISSUED BY R1. EXT.P4; COPY OF REPRESENTATION DTD 20.04.2007 SUBMITTED BY THE PETITIONER BEFORE R1. TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.14780 OF 2007 ---------------------------------------------- Dated this the 15th day of June, 2011 JUDGMENT The petitioner claims to have outstanding achievements in games in the discipline of handball. The Government has reserved vacancies in government employment for outstanding sports persons. For the discipline of handball, separate quotas are prescribed for men and women. The petitioner is a woman sports person. According to her, the distinction between women and men in the matter of reservation for sports persons is arbitrary and illegal. The petitioner, therefore, seeks the following reliefs: “a) To issue a writ of Certiorari or any other appropriate writ order of direction calling for the records leading to Exhibit P2 and to quash the same to the extent it reserve posts for men and women separately, for the discipline 'handball'. b) To issue a writ of Mandamus or any other appropriate writ order or direction compelling and commanding the respondent to conduct selection and appointment under the scheme of appointment of outstanding sportspersons in public service, without making any reservation for men and women, for the discipline 'handball', but only on the roder of priority specified in Annexure IV of Exhibit P2 notification. c. To issue a writ of Mandamus or any other appropriate writ order or direction compelling and commanding the respondent to consider Exhibit P4 representation in accordance with law and to pass W.P.(C)No.14780/07 2 appropriate orders thereon, within a time frame that this Hon'ble Court may deem fit and proper”. 2. The learned Government Pleader submits that W.P. (C)No.14676/2006 seeking the same prayers has already been dismissed and that decision has been followed in W.P.(C) No.15428/2006. I am also of opinion that the classification of men and women separately for the purpose of giving reservation in government employment for outstanding sports persons is not in any way arbitrary or illegal. Such classification is clearly on the basis of rational differentiation which is permitted by the Constitution. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.14780/07 3 W.P.(C)No.14780/07 4