IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 16634 of 2007(E) ---------------------------------------- PETITIONER: --------------------- I.M.SHAKOOR, SHAMEER MANZIL, T.C.20/1485, CHERU CODE LANE, KARAMANA P.O., THIRUVANANTHAPURAM-695002. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT. NISHA BOSE RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION(SERVICE D)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. R.C.PRASANTH, 21/1674-A, KOCHUMELETHIL HOUSE, ELANKAM ROAD, NEDUMCAD, KARAMANA, THIRUVANANTHAPURAM.695002. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR - R1 BY ADV. SRI.K.ANAND (A.201) - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16634/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTIFICATION DTD. 8/12/2005. EXT.P2: COPY OF ANNEXURE-I TO EXT.P1 NOTIFICATION. EXT.P3: COPY OF APPLICATION DTD. 12/01/2006. EXT.P4: COPY OF MERIT CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER. EXT.P5: COPY OF MERIT CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER. EXT.P6: COPY OF CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER IN THE 23RD SENIOR-MEN'S CHAMPIONSHIP FOR 2000-2001. EXT.P7: COPY OF THE CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER FOR THE PARTICIPATION OF THE INTERNATIONAL CHAMPIONSHIP ON 25 AND 29 JUNE, 2006. EXT.P8: COPY OF THE CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER FOR PARTICIPATION IN THE COACHING CAMP HELD FOR THE SELECTION OF THE INDIAN TEAM FOR 3RD INTERNATIONAL CYCLE POLO CHAMPIONSHIP. EXT.P9: COPY OF NOTICE ISSUED TO PETITIONER DTD.26/04/2006. EXT.P10; COPY OF ORDER OF PRIORITY FOR SELECTION OF SPORTS PERSONS FOR APPOINTMENT IN STATE GOVT. SERVICE UNDER SPORTS QUOTA. EXT.P11: EXTRACT OF NOTIFICATION DTD.11/05/2007. EXT.P12: COPY OF REPRESENTATION FROM THE PETITIONER TO PRINCIPAL SECRETARY TO GOVERNMENT. EXT.P13: EXTRACT OF THE NOTIFICATION DTD. 27/12/2003. Kss ...2/- ...2..... WPC.NO.16634/2007 E RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE APPLICATION FORM DTD. 12/01/2006 SENT BY THE 2ND RESPONDENT. EXT.R2(B): COPY OF THE CERTIFICATE FOR THE BEST OUTSTANDING PLAYER AWARD IN THE NATIONAL CHAMPIONSHIP 2003. EXT.R2(C): COPY OF THE CERTIFICATE ISSUED BY CYCLE POLO FEDERATION OF INDIA. EXT.R2(D): COPY OF THE CERTIFICATE ISSUED BY CYCLE POLO FEDERATION OF INDIA. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.16634 of 2007 E ------------------------- Dated this the 16th day of June, 2008. JUDGMENT Pursuant to notification issued by the Government inviting applications from sportsmen/women, who had made achievements in sports/Games in various disciplines, the petitioner and the 2nd respondent, both of whom are accomplished in the discipline of cycle polo, applied. In listing out, the points to be awarded to the applicant in terms of Ext.P1 Government notification, it was found that equal number of points were secured by the petitioner and the 2nd respondent. In such circumstances, clause 2.10 of Ext.P1 provides the manner in which the tie is to be broken. It reads as follows: “2.10. When there is a tie in any of the achievements listed above, the following criteria in the priority listed will be applied to break the tie. (a) Individual achievements will be ranked above team achievements. (b) If a new record is created he/she will be given next priority. (c) captaincy in the higher competition will be given the next place. (d) If there is still a tie, a candidate who is senior in age on the date of inviting application will be given next priority. (e) If a tie cannot be broken by any of the above-mentioned criteria, W.P.(C).NO.16634/07 :: 2 :: percentage of marks in the qualifying examination will be the basis for breaking the tie.” 2. Accordingly, it was found that the 2nd respondent was entitled to a preference over the petitioner on the premise that he had been the captain of the team in the 26th Senior (men) National Cycle Polo Championship, 2003-04. The petitioner challenges the appointment of the 2nd respondent on the premise that Sub-clause © of Clause 2.10 of Ext.P1 norms have no application and consequently, since there was a tie between the petitioner and the 2nd respondent, in terms of Sub-clause (d), the candidate, who is senior in age as on the date of application may be given the next priority. The petitioner is senior to the 2nd respondent. Therefore, the petitioner claims that he should have been preferred to the 2nd respondent. 3. In the counter affidavit filed by the 1st respondent, reference is made to the manner in which the priority points were awarded to the petitioner and the 2nd respondent. I.M.Shakeer (petitioner) Priority point. (1) 5th World Bicycle Polo Championship 2002 (Bronze) P.3(T) (2) 24th Senior National Cycle Polo championship 2001-02(Winner) P.27(T) (3) 26th Senior (men) National Cycle Polo championship 2003-04(Runner up) P.28(T) (4) 25th Senior (men) National Cycle Polo championship 2002-03(3rd place) P.29(C) W.P.(C).NO.16634/07 :: 3 :: Prasanth R.C (2 nd respondent) (1) 5th World Bicycle Polo Championship 2002 (Bronze) P.3(T) (2) 24th Senior National Cycle Polo championship 2001-02(Winner) P.27(T) (3) 26th Senior (men) National Cycle Polo championship 2003-04(Runner up & Captain) P.28(C) (4) 25th Senior (men) National Cycle Polo championship 2002-03(3rd place) P.29(T) 4. After referring to the above, it is contended that the Government considered the captaincy of the petitioner and the 2nd respondent to break the tie. It was found that the 2nd respondent's captaincy merits him priority point No.28. The petitioner's captaincy merits priority point No.29. Accordingly, the 2nd respondent was chosen. Reference in this regard is made to priority points. The order of priority is listed in Ext.P10. Serial Nos.28 and 29 read as follows: “28. Representing Kerala State in Senior National Championships for men/women or National games and winning second place. 29. Representing Kerala State in Senior National Championships for men/women or National games and winning third place.” 5. It so happened that the team captained by the petitioner in 2002-03 in the Senior National Championship in the Cycle Polo won the third prize, whereas the same team W.P.(C).NO.16634/07 :: 4 :: captained by the 2nd respondent for the subsequent year 2003- 04 won the second prize. Therefore, this was a case where the 2nd respondent had captained a team in a higher competition. The listing of priority and the awarding of marks and the method used to break the tie between the petitioner and the 2nd respondent has been correctly understood and applied by the 1st respondent. I do not find any error in the stand taken by the Government in this regard. Writ petition is bereft of merit and the same is dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy//