IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 RP.No. 249 of 2008(C) --------------------- AGAINST THE JUDGEMENT IN WPC.33835/2007 DT.26.11.2007 .................... REVIEW PETITIONERS : PETITIONERS 1 TO 3 & 5 IN W.P. ----------------------------------------------- 1. AJITH KUMAR V., S/O.APPUTTY POLICE CONSTABLE B NO.314, POLICE STATION KAVARATHI, UNION TERRITORY OF LAKSHADWEEP. 2. B.K.ATTAKIDAVU, S/O.LATE IBRAHIMKUTTY POLICE CONSTABLE B NO.283, POLICE HEADQUARTERS KAVARATHI, UNION TERRITORY OF LAKSHADWEEP. 3. P.PONKIDAVU, S/O.LATE K.K.CHERIYAKOYA POLICE CONSTABLE B NO.337, POLICE STATION KAVARATHI, UNION TERRITORY OF LAKSHADWEEP. 4. K.K.RAFEEQ DHAKKARIA, POLICE CONSTABLE POLICE STATION, KAVARATHI UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.M.PRAVEESH RESPONDENTS: RESPONDENTS 1 TO 3 & 4TH PETITIONER IN W.P. -------------------------------------------------------- 1. THE SUPERINTENDENT OF POLICE UNION TERRITORY OF LAKSHADWEEP, KAVARATHI. 2. THE ADMINISTRATOR UNION TERRITORY OF LAKSHADWEEP, KAVARATHI. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS NEW DELHI. 4. K.P.MURALEEDHARAN, POLICE CONSTABLE POLICE HEADQUARTERS, KAVARATHI RP 249/2008 UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1,2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R3 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.P.BALACHANDRAN, JJ. ----------------------------------------- R.P. NO.249/2008 IN W.P.(C) NO. 33835 OF 2007-S ----------------------------------------- Dated 20th June, 2008. ORDER Balakrishnan Nair, J. The writ petitioners 1 to 3 and 5 are the review petitioners herein. They are Police Constables under the Lakshadweep Administration, aspiring to get promotion to the post of Assistant Sub Inspector (Wireless Operator/Radio Technician). Since they did not clear the written test for that post by securing a minimum of 33% marks, they were treated as not qualified. Therefore, they were not selected. Challenging the fixation of minimum 33% marks for the clearance of the test, the O.A was filed. The C.A.T dismissed the same. The writ petition was filed challenging the said order of the C.A.T. This Court also dismissed the writ petition. The present Review Petition is filed, relying on the decision of the Apex Court in State of Punjab v. Manjit Singh [(2003)11 SCC 559]. The said decision has no application to the facts of this case. It was a case concerning direct RP 249/2008 2 recruitment. In this case, the recruitment rule itself provides that for promotion to the post of Assistant Sub Inspector, the incumbents in the feeder category have to clear a written test. Clearance of a written test pre- supposes fixing of minimum marks for the same. Here the minimum marks fixed is only 33%. The petitioners, admittedly, scored only very poor marks. Therefore, they were rightly denied promotion. The ground raised in this Review Petition is not a ground available for reviewing a judgment, going by the well settled principles concerning the same. In the result, the Review Petition fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. K.P.BALACHANDRAN, JUDGE. Nm/