IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 13087 of 2011(I) -------------------------- PETITIONER(S): -------------- REJITH KUMAR S.P, SAROJA BHAVAN, PULLENTHERI,KARAKONAM P.O, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESETNED BY THE SECRETARY,GENERAL ADMINISTRATION (SERVICES D) DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, 695 001. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KATTAPPANA,IDUKKI, 685 508. 4. THE KERALA STATE ATHLETICS ASSOCIATION, 3/41-A, PUMP HOUSE ROAD, THAVANUR P.O, KUTTIPPURAM, MALAPPURAM DISTRICT, PIN - 679 573. REPRESENTED BY ITS SECRETARY. 5. THE KERALA STATE SPORTS COUNCIL, STATUE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, 695 001. R1 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR R2 & R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R5 BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.13087/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOSTAT COPY OF THE ADMISSION TICKET FOR WRITTEN TEST. EXT.P2: PHOTOSTAT COPY OF THE ADMISSION TICKET PRACTICAL TEST. EXT.P3: PHOTOSTAT COPY OF THE DRIVING LICENSE PARTICULARS OF THE PETITIONER. EXT.P4: PHOTOSTAT COPY OF THE MERIT CERTIFICATE OF THE STATE JUNIOR ATHLETIC CHAMPIONSHIP 1991-1992 ISSUED BY THE 4TH RESPONDENT, ENDORSED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P5: PHOTOSTAT COPY OF THE G.O MS NO.21/78/GAD, DT.11.01.1978 OF THE 1ST RESPONDENT. EXT.P6: PHOTOSTAT COPY OF THE RANK LIST DT.02-02-2011. EXT.P7: PHOTOSTAT COPY OF THE APPLICATION FOR RECHECKING OF MARKS DT.28-02-2011 SUBMITTED BY THE PETITIONER. EXT.P8: PHOTOSTAT COPY OF THE TREASURY CHALAN RECEIPT DT.25-02-2011. EXT.P9: PHOTOSTAT COPY OF THE REPRESENTATION DT.01-03-2011. EXT.P10: PHOTOSTAT COPY OF THE POST RECEIPT DT.11-04-2011. EXT.P11: PHOTOSTAT COPY OF THE MERIT CERTIFICATE OF THE STATE JUNIOR ATHLETIC CHAMPIONSHIP 1991-1992 ISSUED BY THE 4TH RESPONDENT, ENDORSED BY THE 5TH RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE LETTER BY COMMISSION ISSUED TO THE PETITIONER DATED 7.6.2011. /TRUE COPY/ P.A. TO JUDGE VPV C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.13087 OF 2011 -------------------------------------------- Dated this the 12th day of August, 2011 JUDGMENT The petitioner was an applicant to the post of Driver Grade-II (LDV) in various departments in Idukki District. The selection process consisted of a written test and a practical test. Since the petitioner came out successful in the written test, he was called for practical test and prior to that, he was invited for certificate verification. At the time of certificate verification, he has produced the originals of the certificates including Ext.P4 certificate for verification. Ext.P4 was submitted for the purpose of getting grace marks in terms of Ext.P5 G.O (MS) 21/78/GAD dated 11.1.1978. Ext.P5 G.O provides benefits to meritorious sportsmen in the matter of recruitment to Class III and Class IV posts. The contention of the petitioner is that in the light of Ext.P4 certificate, he is entitled to the benefits flowing from Ext.P5 G.O. Subsequently, the Kerala Public Service Commission (for short 'the Commission') published Ext.P6 ranked list. The petitioner's name figures at 110 in the said ranked list. His further contention is that a proper consideration of Ext.P4 certificate in the light of Ext.P5 would have fetched him grace marks and consequently, he would have been placed at a higher rank in the said list. The W.P.(C) NO.13087 of 2011 2 representations submitted by the petitioner raising claims for grace marks and consequential, appropriate placement in the ranked list have not been considered by the Commission. It is in the circumstances that this writ petition has been filed mainly with the prayer to quash Ext.P6 and to issue a writ of mandamus commanding respondents 2 and 3 to extend the benefit flowing from Ext.P5 G.O based on Ext.P4 and re-fix the rank of the petitioner in Ext.P6. 2. A counter affidavit has been filed in this Writ Petition on behalf of respondents 2 and 3. It is stated therein that the petitioner is not entitled to get the weightage marks on the strength of Ext.P4. Earlier, the petitioner had requested for rechecking of his answer scripts on 28.2.2011. On rechecking, it was found that there was no change in the marks scored by the petitioner. Relying on clause 5 of Ext.P5, it is contended that the petitioner is not entitled to get the grace marks. In the statement filed on behalf of the fifth respondent, it is stated that Kerala State Athletic Association (formerly Kerala Amateur Athletic Association) is one of the affiliated associations of the Kerala State Sports Council. It is further stated therein that the petitioner had secured third place in High Jump in the State Junior Athletics Championship held on 21.12.1991 and that, the said certificate was issued by the Kerala State Amateur Athletics W.P.(C) NO.13087 of 2011 3 Association which is recognised by the Kerala State Sports Council. 3. In view of the rival submissions, clause 5 of Ext.P5 assumes relevance. It reads as hereunder:- “5.Suitable grades of extra marks will be fixed for the following categories:- (a) Sportsmen who have represented the state or the country in a National or International Competition. (b) Sportsmen who have represented their universities in the Inter-University Tournaments conducted by the Inter- University Sports Board. (c) Sportsmen who have represented the State Schools Teams in the National Sports/Games for schools conducted by the All India School Games Federation. (d).Winners at state level competitions conducted under the auspices of the State Government/Universities in the State/ the Kerala Sports Council.” (emphasis supplied) 4. As per clause 5(d), only winners at state level competitions conducted under the auspices of the State Government/ Universities in the State/ the Kerala Sports Council are entitled to get extra marks in terms of Ext.P5. Therefore, the question to be decided is whether Ext.P4 certificate W.P.(C) NO.13087 of 2011 4 secured by the petitioner would satisfy the conditions under clause 5(d) to earn grace marks in terms of Ext.P5. I have carefully gone through the statement filed by the fifth respondent. In paragraph 4 of the statement, the Kerala Sports Council has stated that the petitioner had secured third place in high jump in the State Junior Athletics Championship held on 21.12.1991 by the Kerala State Ameteur Athletic Association and that the said association was recognised by the Kerala State Sports Council. In the counter affidavit, the fifth respondent did not have a case that the petitioner came out victorious in the state level competition conducted under the auspices of the Kerala State Sports Council. So also, in the counter affidavit, the Sports Council has specifically stated that no state level competitions are being conducted under their auspices. Therefore, merely because a person came out successful in a championship held by an association having affiliation with Kerala Sports Council that by itself would not make that person eligible to get extra marks in a test held by the Commission in terms of clause 5(d). When clause 5(d) specifically enlisted events capable of earning grace marks a successful participant in such state level competitions alone could legally claim for grace marks. In short, to get extra marks, one has to satisfy the specific conditions in clause 5 in Ext.P5. Without satisfying the conditions under clause 5, the W.P.(C) NO.13087 of 2011 5 Commission cannot be compelled to grant weightage marks in respect of a test conducted by it. In view of the discussions above, I am of the view that the petitioner is not entitled to the reliefs sought for. This Writ Petition is liable to fail. Accordingly, it is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.13087 of 2011 6 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.13087 of 2011 7