IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 17706 of 2011(K) -------------------------- PETITIONER ------------------ ANEEB.A.K, AGED 36 YEARS, S/O.ALIKUNJU, 19, ALI MANZIL, VEMBAYAM, KUTHIRAKULAM.P.O, THIRUVANANTHAPURAM - 695 615. BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT(S): ----------------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 695001 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS CHAIRMAN, PATTOM, THIRUVANANTHAPURAM. 695011 3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 695011 4. THE SECRETARY, KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM. 695001 5. KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, REP. BY DISTRICT OFFICER (SECRETARY), K.P.S.C DISTRICT OFFICER, ERNAKULAM. 682035 R1 BY GOVERNMENT PLEADER SMT.SUNITHA SUKUMAR R2, R3 & 5 BY ADV. SRI.P.C.SASIDHARAN R4 BY ADV. SRI.P.C.SUDHEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17706 of 2011(K) --------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF RANK LIST PUBL9ISHED BY THE 5TH RESPONDENT DATED 17.08.2007. EXT.P2. COPY OF THE CERTIFICATE DATED 05.02.1995 EXT.P3. COPY OF G.O. (MS) NO.21/78/G.AD DATED 11.01.1978 EXT.P4. COPY OF THE LETTER FORWARDED BY 4TH RESPONDENT TO 3RD RESPONDENT EXT.P5. COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 04.10.2007. EXT.P6. COPY OF THE REPRESENTATION DATED 28.11.2007 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7. COPY OF THE LETTER DATED 09.06.2011 FORWARDED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT. EXT.P8. COPY OF THE COMMUNICATION LETTER FORWARDED BY 4TH RESPONDENT TO 1ST RESPONDENT DATED 09.06.2011. EXT.P9. COPY OF THE RELEVANT PORTION OF THE PAGE NO.5 OF THE FILE EXT.P10. COPY of the RELEVAT PORTION IN PAGE 6 OF THE FILE NO.1435/A2/11/S&YA. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.17706 of 2011 ---------------------------- Dated 12th July, 2011 JUDGMENT The petitioner was a rank holder in the list drawn and published by the Kerala Public Service Commission for appointment to the post of Junior Health Inspector Grade II in the Health Services Department in Ernakulam District. He was included in the supplementary list for Muslim Community in Ext.P1 list. The contention of the petitioner is that he is entitled to get extra marks as he was a member of the Trivandrum District Rural Kho-Kho Team that won the first place in the State Rural Sports Tournament 1994-1995 held under the auspices of the 4th respondent. Making such a claim and raising grievances against the failure to award grace marks on account of such participation the petitioner preferred a complaint before the Kerala Public Service Commission on 15.9.2007. On receiving the said complaint of the petitioner dated 15.9.2007 it was looked into by the competent authority and the Commission gave a reply as early as on 4.10.2007 as per Ext.P5. It was stated thereunder that the grace marks would be awarded only to candidates who successfully participated in the State level, District level and University (zonal wise) in general sports. It was made clear that by virtue of Ext.P2 certificate the petitioner could not claim weightage marks. Ext.P5 is dated WP(C).No.17706/2011 2 4.10.2007. The petitioner has chosen to file this writ petition only on 29.6.2011. The learned standing counsel for the Public Service Commission submitted that the short list was published as early as on 15.6.2007 and the rank list was published on 5.12.2007. The life of the rank list was extended till 31.8.2011 only on account of the election to the State Legislature. In other words, the petitioner has not approached this Court challenging Ext.P5 within a reasonable time and, in fact, filed it more than two and a half years since the communication of Ext.P5 and that too, after the original destined date of expiry of the ranked list that was brought into force on 5.12.2007. The petitioner has also not brought any person likely to be affected in case of grant of relief in his favour, in this writ petition. On account of the delay and laches on the part of the petitioner and also non-joinder of necessary parties in this writ petition, this writ petition is liable to fail. In the absence of a proper explanation on the part of the petitioner for the said delay and laches, this writ petition is not liable to be entertained. For all these reasons, this writ petition deserves to be dismissed and accordingly, it is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS