IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 13651 of 2006(A) -------------------------- PETITIONER: --------------- JASMINE GEORGE, D/O. GEORGE JOSEPH, MOOZHIKUZHIYIL, MEENACHIL TALUK, MUNNILAVU P.O., ERATTUPETTA, PALA. BY ADV. SRI.C.C.ABRAHAM SMT.B.S.SEEMA SMT.M.MADHUBEN RESPONDENTS: --------------- 1. PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC ADMINISTRATION, GOVERNMENT OF KERALA. 2. KERALA STATE SPORTS COUNCIL, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. 3. KERALA STATE WRESTLING ASSOCIATION REPRESENTED BY ITS SECRETARY, VAHINI, AVITTOM ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-11. ADDL.*4. JOBINSON.J, S/O K.C.JOSEPH, KARUKAMALIL HOUSE , PARAMPUZHA P.O KOTTAYAM DISTRICT ( ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 10.7.2006 IN I.A. NO. 9241 OF 2006) ADV:SRI.V.K.PRAVEEN FOR R3 SRI.SHAJI THOMAS PORKKATTIL FOR ADDL.R4 GOVERNMENT PLEADER SMT.T.B.RAMANI FOR R1 PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUNCIL FOR R.2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009 ALONG WITH WPC NO. 24358 OF 2007 THE COURT ON DELIVERED THE FOLLOWING: APPENDIX Ext.P1: True copy of the B.A. Degree Certificate issued by Mahatma Gandhi University in the year 2003. Ext.P2: A true copy of the certificate issued by the Wrestling Federation of India. Ext.P3: The true copy of the certificate issued by the Madhya Pradesh Ameteur Wrestling Asociation. Ext.P4: True copy of the Certificate issued by the 31st National Games Organising Committee in the year 2001 held at Ludiyana and secured Bronze Medal Ext.P5:, a, b, c, d, series: True copy of the certificates issued by Indian Olympic Association and other Sports Organization. Ext.P6: A true copy of the certificate issued by the Kerala State Wrestling Association dated 26.10.2002 Ext.P7: The true copy of the said certificate issued by the Director General of SAI Ext.P8: True copy of the relevant portions of the notification published in the Kerala Gazette on 08.12.2005 Ext.P9: True copy of the AD Card which is attached to the application, in the name of the 1st respondent Exts.P10 & P11: True copies of the letter and certificates issued by the Kerala Sports Council. Ext.P12: A true copy of the relevant portions of the notification of the Kerala Gazette dated 27.12.2003 Ext.P13; A true copy of the news item published in Deepika Daily dated 14.05.2006 Ext.P14: true copy of the certificate given by the State Wrestling association which would reveal that the petitioner had won the first position in the year 2003. Ext.p15: A true copy of the representation dated 12.06.2006 submitted by the petitioner to 1st respondent. Ext.R4(a): True photocopy of the certificate of merit issued to me by the National Wrestling Federation of india. Ext.R4(b); True copy of the certificate dated 27.10.2001 issued by the Wrestling Federation of India. Ext.R4(a): True copy of certificate dated 21.10.2001 issued by the Kerala State Wrestling Association. Ext.R4(b): True copy of certificate issued by the National Wrestling Federation of India for the year 2001. Ext.R4(C): True copy of the certificate dated 22.9.2002 issued by the Kerala State Wrestling Associantion Ext.R4(d): True copy of the certificate issued to Blessey job by the National Wrestling Federation. Ext.R4(e): True copy of the certificate issued by the National Wrestling Federation of India. Ext.R4(f): True copy of certificates issued by the National Wrestling Federation of India for the year 2004. Ext.R4(g) True copy of the certificate issued by the State Wrestling Association. Ext.R4(h) True copy of the certificate issued by the National Wrestling Federation. Ext.R4(i): True copy of the certificate issued by the Wrestling Federation of India. //true copy// es HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No. 13651 of 2006 and W.P.(C) No.24358 of 2007 ---------------------------------------- Dated this the 12th day of February , 2009 JUDGMENT 1. Since the issue arise for consideration are the same, both the writ petitions are heard together. W.P.(C) No. 13651 of 2006 The petitioner had participated and won the first position and Gold Medal for the State in the 47th men and 4th Women Senior National Wrestling Championship organized by the Maharashtra State Wrestling Association at Amaravathy in the year 2000. She also represented the State of Kerala in the 22nd junior Boys and 4th Girls National Wrestling Championship 2001 organised by the Madhya Pradesh Amreteur Wrestling Association and secured 1st position and won Gold medal in the said event. The petitioner had also participated in the 31st National Games 2001 held at Ludhiyana and secured Bronze Medal for the Kerala State and participated in the Wrestling Competition for the State Championship organised by the Kerala State Wrestling Association held at Thiruvananthapuram. 2. It submitted by the petitioner the she is the first prize (Gold medal) holder in the wrestling competition conducted by the Kerala State wrestling association headed by Sri.G.Varghese and Sri V.N.Prasood as W.P. (C) No. 13651 of 2006 -2- & W.P.(C) No. 24358 of 2007 Secretary. Since the State Association did not send anybody from the State to participate in the National level due to some internal problems in the Kerala State Wrestling Assoociation she could not participate in the National level. The writ petition was filed by Kumari Jasmine George for a declaration that she is having deemed participation in the National championship in the year 2002. 3. It is enumerated in the gazette notification No. 28620/SD1/2005/GAD that those who satisfy the conditions set out in the said notification and who have made the achievements in sports/games disciplines shown in Annexure-1 during the calendar years 2002-2004 are eligible to apply for appointment in the State Government service under the scheme for appointment of outstanding sportsmen/ women in public service. The petitioners in both the writ petitions are applicants under the said scheme. It is also stated therein that 60 vacancies are reserved for appointment from among outstanding sports persons and 1 vacancy is reserved for the sports discipline wrestling. 4. W.P.(C) No.24358/2007 The petitioner represented Kerala State in National (Men) Wrestling championship conducted by the Wrestling Federation of India at Jind in Haryana on 30.12.2004. Ext.P2 is the certificate issued by the wrestling Federation of India. He was the captain of the wrestling team for the year 2004 and 2006 The petitioner is the recipient of gold medal (first prize)in the State Level Wrestling championship conducted by the W.P. (C) No. 13651 of 2006 -3- & W.P.(C) No. 24358 of 2007 Kerala State Wrestling Association for the year 2002-2005 Ext.P3 and P4 are the certificates respectively. The petitioner also represented Kerala State in the National Wrestling Championship conducted by the Haryana Wrestling Association at Jind in Haryana in the year 2006. Ext.P5 is the said certificate. 5. The selection committee directed the candidates including the petitioner to appear before them on 5.6.2006 for verification of certificate. The petitioner appeared before the Committee and produced Ext.P2 Certificate of merit. The Committee sent Ext.P2 certificate to the Wrestling Federation of India for its clearance. Ext.P6 is the communication issued on behalf of the 1st respondent. The Wrestling Federation of India gave clearance to Ext.P2 certificate produced by the petitioner by its certificate dated 11.7.2006 and sent the same to the 1st respondent. The Wrestling Federation of India sent a copy of the certificate dated 11.7.2006 to the Secretary of State Wrestling Association. Petitioner received a copy of the certificate issued by Wrestling Federation of India from the State Wrestling Association. A true copy of the same is produced and marked as Ext.P7 6. It is submitted by the counsel for the petitioner that 60 vacancies are reserved for men and women under various sports disciplines. The Government issued appointment orders to 52 persons One vacancy is reserved for the item wrestling, is not filled up. It is submitted by the petitioner that though he is the only qualified person entitled to be appointed in the wrestling quota, the vacancy is not so far W.P. (C) No. 13651 of 2006 -4- & W.P.(C) No. 24358 of 2007 filled up The 1st respondent informed the petitioner by letter dated 21.7.2007 that the rank list for the item of wrestling is not published for want of clearance from the Kerala State Sports council and Government of India. Ext.P8 is the communication 7. According to the petitioner besides him, three other persons were also called for certificate verification. one among them is the petitioner in writ petition No. 13651/2006. i.e Kumari.Jasmine George The selection committee found that the said three persons are ineligible since they have not participated in any National Championship or National games during the relevant period. Therefore among the 4 persons interviewed by the selection Committee the petitioner in W.P.(C) No. 24358/2007 is the only eligible and competent candidate for appointment under Ext. P1. It is also submitted that he was the team captain for two years (2004-2006)representing the Kerala State Wrestling team sent to the National Wrestling Championship and also he had to his credit several other achievements in wrestling competitions. 8. Be that as it may, there is a rift among the office bearers of the Kerala State wrestling Association in the year 2001. The Wrestling Federation of India , the only competent body to conduct Wrestling competition at the National Level had approved and recognised the Kerala State Wrestling Association having Sri.N.C. Abdul Azeez and Sril Joshy Pallan as President and Secretary respectively. Ext,.P9 is the certificate issued by the wrestling Federation of India which certifies that the said W.P. (C) No. 13651 of 2006 -5- & W.P.(C) No. 24358 of 2007 Association is the recognised association. At the same time the Sports Council of Kerala approved the rival faction of Kerala State Wrestling Association, represented by its Secretary Sri.V.N.Prasood But the apex body namely the Wrestling Federation of india did not approve the rival faction. The petitioner was selected by the State Wrestling Association having Sri.Joshy Pallan as its Secretrary. It is submitted that the rival faction of the State Wrestling Association also conducted State Level Wrestling competitions However the candidates selected by them are not allowed to participate in the National Senior Men /Women Wrestling Championship conducted by the Wrestling Federation of India for want of affiliation of that Association to the Wrestling Federation of India. Therefore candidates/persons selected by the rival faction of the State Wrestling Association were not allowed to participate in the National level championship or National Games conducted by the Wrestling Federation of India at any point of time after 2001, whereas the candidates selected by the Kerala State Wrestling Association represented by Sri.Joshy Pallan as its Secretary were allowed to participate in the National Championship conducted by the Wrestling Federation of India since 2001. 9. This Court vide judgment dated 24.5.2006 in W.P.(C) No. 11026/2006 directed the Sports Council of Kerala to issue eligibility certificates to those candidates selected by the 4th respondent Association. (Ext.P11) 10. It is also certified by the Wrestling Federation of India that W.P. (C) No. 13651 of 2006 -6- & W.P.(C) No. 24358 of 2007 the petitioner participated in 51st Senior (men) Freestyle and Greeco Roman Style National Wrestling Championship held the Nidani, Jind (Haryana) from 30th December 2004 to 2nd January 2005 in 66 Kg weight category for Free Style (Ext.P7) 11. The petitioner complains that the 1st respondent is not taking any steps to fill up the vacancy. In the circumstances the petitioner sought for a direction commanding the 1st respondent to publish the rank list for appointment in the State Government Service under the Sports Quota in the sports discipline wrestling and to appoint the petitioner in the public service. 12. In the counter affidavit filed by the the 1st respondent in these writ petitions admitted that 4 candidates in the discipline wrestling applied for the post but the other three candidates including the petitioner in writ petition 13651/2006 are not eligible for appointment. It is also stated that the petitioner in writ petition No 24358/2007 alone can be considered for the appointment provided the certificate is a valid one. It is also stated in the counter affidavit that the Government shall fill up one vacancy in the discipline wrestling only after clearance from Government of India. 13. It is also admitted by the 1st respondent the Sri. Kumari Jasmine did not represent the Kerala State in the National Level Championship during 2002. She represented Karnataka State at the relevant period According to the 1st respondent she is not entitled to W.P. (C) No. 13651 of 2006 -7- & W.P.(C) No. 24358 of 2007 apply for the post. 14. I find that Ext.P2 certificate shows that the petitioner in writ petition No. 24358/2007 was a competitor representing Kerala State in the 55st senior National (Men) Freestyle and Greeco-Roman style wrestling championship held at Jind, Haryana from 30-12-2004 to 2.1. 2005 in 66 Kg weight category of Free Style. The Championship was organised by Haryana Wrestling Association under the aegis of Wrestling Federation of India. Ext.P7 is the certificate issued by the Assistant Secretary of wrestling Federation of India certifying that the petitioner in W.P.(C) 24358/2007 had represented the State in the said competition. 15. The counter affidavit in these cases was filed on 18.7.2008 The 1st respondent in the counter affidavit stated that they have been waiting clearance from the Government of India. Today when the matter was finally heard, the Government Pleader submitted that she has no information regarding the receipt of clearance by the Government of India There is no meaning in waiting for the clearance of the Government of India at this distance of time. In the counter- affidavit it is unambiguously stated that the three other persons are not qualified to apply for the post and the petitioner is the only person having Ext.P2 Certificate which is a valid one. It is admitted by the State that the petitioner can be considered for the appointment only after his certificate approved by the Assistant Secretary of the National wrestling Federation of india. . Ext.P7 certificate is validly issued. This Court is convinced W.P. (C) No. 13651 of 2006 -8- & W.P.(C) No. 24358 of 2007 that the petitioner is the only candidate who participated in the National Wrestling Championship and is eligible for appointment in the wrestling discipline in the State Government Service. There is no justification in not publishing the rank list and not appointing the petitioner for all these years for the simple reason that there is no clearance from the Government of India. . There is no justification for the delay in the appointment. But unfortunately the matter was dragged for 5 years. 16. In the facts and circumstances of this case there will be a direction to the 1st respondent in W.P.(C) No. 24358/2007 to publish the rank list for appointment in the State Government Service under Sports Quota in the wrestling discipline within a period of three months from the date of receipt of a copy of the judgment 17. The petitioner in 13651/2006 is not entitled to appointment under the said sports quota and the reliefs sought for are declined. These writ petitions are disposed of as above. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C).No. 13651 of 2006 and W.P.(C) No.24358 of 2007 ---------------------------- JUDGMENT 12th February, 2009