IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WA.No. 2245 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5910/2008 Dated 25/07/2008 .................... APPELLANT(S): APPELLANT IN THE WPC ------------------------ JAGANNATH.P.M, S/O.P.V.MOHANAN, AGED 25 YEARS, PANAKKAL HOUSE, MANATHALA.P.O., CHAVAKKAD. BY ADV. SRI.M.RAJAGOPALAN RESPONDENT(S): RESPONDENT ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, THRISSUR DISTRICT OFFICE, REP.BY SECRETARY, (DISTRICT OFFICER), M.G.ROAD, THRISSUR-680 004. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA KALARIPPAYATHU ASSOCIATION SPORTS COUNCIL, THIRUVANANTHAPURAM. ADV. SRI. ALEXANDER THOMAS SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A. No. 2245 of 2008 --------------------------------------- Dated this the 1st day of December, 2008 Judgment Koshy,J. Heard both sides. 2. Appellant-Petitioner applied for the post of Junior Health Inspector Grade II pursuant to the notification issued by the Public Service Commission. He claimed that he had participated in the State Kalarippayat Championship Competition of 2000-2001 representing Thrissur district and has secured first place in the Northern Style in the Junior category. It is the common case that 10% of the marks will be given as weightage to the individual first prize winners of State Championship and 5% of marks to who represent a District in the State level championship of various competitions including Kalarippayat as per the norms contained in G.O. (Ms) No.21/78/GAD dated 11.1.1978. Petitioner was asked to produce the certificate. He produced Ext.P2 certificate which reads as follows: “This is to certify that Sri.Jagannathan P.M. representing Vallabhatta Kalari, Erattappuzha, Thrissur won the Individual First place in the W.A.No.2245/2008 2 northern style state Kalarippayat Championship Competitions of 2000-2001 in the Junior category.” (Underlining by us to give emphasis.) Further, there are many clubs and associations affiliated to District association in every district and these clubs which got first and second places in the district competition are allowed to participate in the State championship. Only persons sponsored by the District association will be allowed to participate in the State Championship and certificate is given in the State Championship giving the names of the participants. Names of the club or association wherein they are members and names of the District they are representing are mentioned in the certificate. That has been done here. In every district, two participants are allowed to participate in the State Championship, as otherwise there will be large number of competitors. However, since the PSC wanted a further clarification, appellant filed Ext.P4 certificate issued by the very same authority which issued Ext.P2 which reads as follows: “This is to certify that Jagannathan P.M. has participated in the State level Kalarippayat Championship held on 25.3.2001 (2000-01) at Thiruvananthapuram and he has won Individual First place in the said competition representing the Thrissur district. The certificate produced herewith is attested by me on 9.7.2007. He has won individual First place in the Junior W.A.No.2245/2008 3 category. This certificate is issued to produce before the PSC.” It is clearly mentioned that he was representing Thrissur district. Now, the stand of the PSC is that Ext.P4 was produced after six years. By Ext.P3 communication dated 31.5.2006 appellant was asked to give clarification and he approached the Association and obtained the certificate. In fact, by judgment in W.P. © 31224 of 2007, a learned single Judge of this Court directed that PSC shall hear the petitioner and the needful shall be done within a period of four weeks. We are of the opinion that PSC ought to have considered and allowed the claim of the petitioner. He is representing the district and weightage should be given for that and rank list has to be recast accordingly. The writ appeal is allowed. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.No.2245/2008 4 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A.No. 2245/2008 ------------------------------------- Judgment Date:1st December,2008