IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 32542 of 2010(P) -------------------------- PETITIONER(S): --------------- ROHINI.A.R., VAYALIL VEEDU ALIYADU PO, VENJARAMOOD, THIRUVANANTHAPURAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT GENERAL ADMINSITRATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.32542 of 2010 ================== Dated this the 2nd day of December, 2010 J U D G M E N T The petitioner is an applicant for selection to the post of Assistant in Secretariat/Public Service Commission/Advocate General's Office pursuant to notification issued by the Government of Kerala. The petitioner claims to be an outstanding sports person in the aquatics discipline. The Government has reserved certain number of vacancies for appointment from among sport persons. The reservation has been sub divided into various sports disciplines. For aquatics, for the years 2006 to 2008 six vacancies and for 2009 five vacancies have been so reserved. The petitioner's grievance in this writ petition is that the respondents intend to reserve the entire vacancies for accommodating persons in the water polo sub division of aquatics. The petitioner comes within the swimming sub division of aquatics discipline. The petitioner submits that water polo is a team event whereas, swimming is an individual event and giving reservation entirely to the water polo sub division is arbitrary and discriminatory. The petitioner, therefore, seeks the following reliefs: “i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to set apart 50% of the total posts coming under the discipline Aquatics as per Exhibit P1 for Aquatic Sports (Swimming) and the remaining 50% for Aquatic Game (Water Polo); ii) to issue a Writ of Mandamus or any other appropriate writ, 2 order or direction directing respondents 1 and 2 to appoint the petitioner as Assistant under Category VI as per Exhibit P1 notification.” 2. As directed by this Court, the 2nd respondent has filed a statement, in paragraph 5 of which, it is stated thus: “5) It is submitted that as per Para 2.11 and 2.13 in Ext.P1 notification dated 4.9.2010 the selection will be made by the Committee constituted by the Government for the purpose and the Government may on the recommendation of the Committee restrict the number of candidates to be selected under each discipline of Sports and Games. While finalizing the select list, the selection Committee may consider the apportioning of vacancies as per eligibility based on their achievements in the concerned discipline. In the case of Aquatics discipline for the year 2006-08, 6 vacancies are set apart for swimming and Water Polo events. This may be divided equally for both events subject to eligibility of candidates. But in 2009, 5 vacancies are apportioned for the same events. This cannot be apportioned equally and apportioning will be done by the Committee according to the merit of candidates in both these events.” The learned counsel for the petitioner submits that the same can be recorded and the writ petition can be disposed of. Accordingly, the writ petition is disposed of recoding paragraph 5 of the statement and directing the respondents to take further steps in accordance with the assurance in paragraph 5 of the statement, while making selection and appointment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3 sdk+ S.SIRI JAGAN, JUDGE 4 S.SIRI JAGAN, J. ================== W.P.(C).No. 31844 of 2010 ================== Dated this the 4th day of November, 2010 O R D E R I.A.No. 15417/2010: This application is to implead Secretary, Thiruvananthapuram Employees Co-operative Bank, Pulimoodu, Thiruvananthapuram, as additional respondent in the writ petition. Heard. Allowed. I.A.No. 14883/2010: This application is to accept additional affidavit filed in support of the writ petition. Heard. Allowed. sdk+ S.SIRI JAGAN, JUDGE 5 S.SIRI JAGAN, J. ================== W.P.(C).No. 32170 of 2010 ================== Dated this the 4th day of November, 2010 O R D E R The learned Government Pleader shall get instructions as to whether the explanation for the delay of the petitioner in approaching this Court seeking retrospective promotion from 5.4.1999 in spite of the petitioner having been retired on 31.10.2004 is correct or not. Post after two weeks. sdk+ S.SIRI JAGAN, JUDGE 6 S.SIRI JAGAN, J. ================== W.P.(C).No. 32542 of 2010 ================== Dated this the 4th day of November, 2010 O R D E R The learned Government Pleader shall file a statement as to whether the proposal is to set apart the quota entirely for water polo team members excluding the sportsmen in individual items. Post after two weeks. In the meantime, no appointments in the sports quota, which is the subject matter of this writ petition, shall be made. sdk+ S.SIRI JAGAN, JUDGE H/O.