IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WA.No. 579 of 2007() -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.12206/1997 Dated 06/10/2005 .................... APPELLANTS: APPELLANTS/PETITIONERS ------------------------------------ 1. KRISHNAN POTTI,S/O.PARAMESWARAN POTTI, FORMERLY EMPLOYED AS ASSISTANT SR NO.536045, LIC OF INDA,DIVISIONAL OFFICE,TRIVANDRUM. 2. S.NARAYANAN IYER,S/O.SANKARA NARAYANA IYER,510/VTH STREET,SANKAR NAGAR,TRIVANDRUM. BY ADV. SRI.K.P.SREEKUMAR SRI.R.GIREESH VARMA RESPONDENTS: RESPONDENTS/RESPONDENTS -------------------------------------- 1. LIFE INSURANCE CORPORATION OF INDIA, A BODY CORPORATE CONSTITUTED AND FUNCTIONING UNDER THE LIC ACT,1956,HAVING ITS CENTRAL OFFICE AT YOGAKSHEMA BUILDING,JEEVAN BIMA MARG,BOMBAY-21,REP BY ITS M.D,LIC OF INDIA,YOGAKSHEMA BLDNG,JEEVAN BIMA MARG,BOMBAY-400021. 2. ZONAL MANAGER,LIC OF INDA,ZONAL OFFICE, ANNA SALAI,MADRAS. 3. SENIOR DIVISIONAL MANAGER,LIC OF INDIA, DIVISIONAL OFFICE,PATTOM,TRIVANDRUM. 4. UNION OF INDIA,REP.BY THE SECRETARY DEPT.OF ECONOMIC AFFAIRS (INSURANCE WING)MINISTRY OF FINANCE,GOVERNMENT OF INDIA,NEW DELHI. ADV. SRI.M.A.HAKEEM SHAH, CGC FOR R4 SRI.S.EASWARAN FOR R1 TO 3 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WA No.579 of 2007 ------------------------------------------------------------------ Dated 16th November 2009 Judgment Balakrishnan Nair, J. The writ petitioners are the appellants. They participated in the selection process for appointment by promotion to the post of Higher Grade Assistant (Administration) in the Life Insurance Corporation of India. One of the parameters for selection to the said post, was the marks obtained in the interview. 25 marks were set apart for the interview, out of the total 100 marks. The petitioners did not find a place in the panel of selected candidates, apparently owing to the lower marks obtained by them in the interview. So, the Writ Petition was filed, challenging the promotion process itself, on the ground that the allotment of 25 marks for the interview, is highly arbitrary and irrational. Marks are awarded, based on the subjective views of the Interview Board. Allotment of such a high percentage of marks for the interview, according to the appellants, is unjustified. The respondents resisted the Writ Petition, contending that allotment of 25% marks for the interview for promotion to the post of a Senior Officer in the Life Insurance Corporation of India, cannot be said to be arbitrary. Even assuming there is some irregularity in the same, the rule WA No.579/07 2 was always like that and the appellants took their chance by undergoing the selection process, as per the Rules. Once they are defeated in the selection process, they cannot turn round and challenge the rule itself, it was submitted. The learned Single Judge accepted the contentions of the Life Insurance Corporation of India and dismissed the Writ Petition. Hence this appeal. 2. We heard the learned counsel on both sides. It is not in dispute that the Promotion Rules of the Life Insurance Corporation of India always contained a clause, providing for 25 marks for the interview. Knowing fully well the said stipulation in the Rules, the appellants participated in the selection process. Therefore, they cannot be permitted to turn round and challenge the said stipulation, when they find that they are defeated in the selection process. So, we find no reason to interfere with the view taken by the learned Single Judge. Accordingly, the Writ Appeal is dismissed. Sd/- K.BALAKRISHNAN NAIR, JUDGE Sd/- P.BHAVADASAN, JUDGE True copy PA TO JUDGE sta WA No.579/07 3 WA No.579/07 4