IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 6015 of 2005(N) ------------------------------ PETITIONER(S): ---------------------- SHYLA C.V., AGED 28 YEARS, W/O.SNEHAJAN, CHENGERIYAN HOUSE, VAYAKARA, PADIYOTTUCHAL P.O., KANNUR DISTRICT. BY ADVS. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): -------------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENEREAL ADMINISTRATION(SERVICE) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. BINDU S.G., MINI BHAVAN, MUTTADA P.O., THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI.ANTONY MUKKATH R3 BY ADVS. SRI.S.R.DAYANANDA PRABHU, SRI.G.SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.6015/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE DTD. 17.2.1997 22-2.1997 IN THE 25TH SENIOR (WOMEN) NATIONAL HANDBALL CHAMPIONSHIP JALLENDHAR, AND SECURED IIND PLACE. P2:- COPY OF THE CERTIFICATE OF MERIT IN 4TH NATIONAL GAMES DTD. 31ST MAY TO 11TH JUNE 1997. P3:- COPY OF THE CERTIFICATE OF MERIT FROM UN IVERSITY OF CALICUT DTD. 1.7.97. P4:- COPY OF THE CERTIFICATE OF XXIII NATIONAL SPORTS FESTIVAL FOR WOMEN DTD. 19 TO 22 1998. P5:- COPY OF THE CERTIFICATE OF V NATIONAL GAMES FROM 14TH 25TH FEBRUARY, 1999. P6:- COPY OF THE CERTIFICATE ISSUED FROM PUNJAB HANDBALL ASSOCIATION DTD. 8TH MARCH TO 13TH MARCH, 1999. P7:- COPY OF THE CERTIFICATE ISSUED FROM KERALA HANDBALL ASSOCIATION DTD. 24TH – 28TH FEBRUARY, 2000. P8:- COPY OF THE COMMUNICATION DTD. 30.11.04 BEFORE THE DEPUTY SECRTARY THIRUVANANTHAPURAM WITH DOCUMETNS ON 8.12.04. P9:- COPY OF THE PRESS RELEASE DTD. 5.2.05 CONNECTED TO THE SELECTION. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.6015 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner claims to be an outstanding sports person in the discipline of handball. The Government conducted a selection to the vacancies in Government service, earmarked for sports persons. The petitioner and the 3rd respondent participated in the selection process. The petitioner is challenging the selection of the 3rd respondent in preference to the petitioner, seeking the following reliefs: “i) to declare that the selection made pursuant to the notification 54735/SDI/2003/GAD Tvm dated 23.12.2003 of General Administration (Service D) Department is improper so far as the selection of R3 is concerned; ii) to further declare that the petitioner is having better achievement in handball discipline and that she has priority over 3rd respondent; iii) to issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to give appointment to the petitioner against the vacancies earmarked for handball discipline; iv) to call for the entire records pertaining selection made pursuant to the notification of General Administration (Service D) Department bearing No.54735/SDI/2003/GAD Thiruvananthapuram 23.12.2003 and to peruse.” W.P.(C)No.6015 of 2005 -2- Admittedly, the selection was made on the basis of comparative merit as between the petitioner and the 3rd respondent. The validity of the assessment of comparative merit can be considered only if the achievements of the 3rd respondent also revealed. The petitioner has only given her achievements. The achievements of the 3rd respondent is not on record. Without the same, this court cannot even consider the claims of the petitioner. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/