IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 662 of 2010(G) ------------------------------- PETITIONER(S): ------------------- ANIE JOBINA, VALIYAPARAMBIL HOUSE, KIDANGOOR P.O., ANGAMALY. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): -------------------- 1. KERALA STATE SPORTS COUNCIL, REPRESENTED BY ITS SECRETARY, SPORTS COUNCIL COMPLEX, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY GOVERNMENT SECRETARY TO DEPARTMENT OF SPORTS & YOUTH AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN R2 BY GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, ALONG WITH WPC NO. 19650/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 662/2010(G) APPENDIX PETITIONER'S EXHIBITS: P1: CIPY OF THE CERTIFICATES EVIDENCING PETITIONER'S EDUCATIONAL QUALIFICATIONS. P2: COPY OF THE NOTIFICATION NO.KSSC/BI/12186/2007 DATED 17/08/2007 ISSUED BY THE 1ST RESPONDENT AND PUBLISHED THROUGH NEWSPAPERS. P3: COPY OF THE JUDGMENT DATED 01/01/2009 IN WPC.29932/2008. P4: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 16/06/2009 ISSUED TO THE PETITIONER. P5: COPY OF THE JUDGMENT DATED 12/02/2009 IN WPC.NO.35456/2008 RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ S. SIRI JAGAN, J. -------------------------------------- W.P.(C) Nos.662 & 19650 OF 2010 --------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT W.P.(C)No.662/10 is filed by the second respondent in W.P.(C)No.19650/10. By Ext.P4, she was appointed as a Judo Coach on contract basis. According to the petitioner, she applied pursuant to Ext.P2 notification and she approached this Court by filing W.P.(C)No.29932/2008 pointing out certain irregularities in the selection process, which resulted in Ext.P3 judgment. It is thereafter that the petitioner was appointed by Ext.P4 order. The petitioner contends that restricting her appointment on contract basis was erroneous, she ought to have been appointed regularly and therefore she is liable to be regularised in service pursuant to Ext.P4 appointment order. 2. W.P.(C)No.19650/10 is filed by another aspirant to the same post, who has also applied pursuant to the notification issued by the Sports Council for regular selection, challenging the alleged move to regularise the service of the petitioner in the other writ petition. W.P.(C)No.662/10 & 19650/10 2 3. I have heard the parties. The question of completing the selection pursuant to the notification(Ext.P2 in W.P.(C)No.662/10, which is the same as Ext.P1 in the other writ petition) has been finally decided by this Court in W.P.(C) No.35456/08 by judgment dated 12.2.2009, which is produced as Ext.P5 in W.P.(C)No.662/10. The same reads thus: “Petitioner was an applicant to the post of Athletic Coach for which the respondent Sports Council by Exhibit-P1 notification invited the applications. A written test was conducted on 30.12.2007. Since he was successful in the written examination he was admitted to the physical efficiency test held between 2nd and 4th April,2008. The interview for Coaches in Athletics was held on 8.4.2008. Pursuant to Exhibit-P2 memo, he appeared for the interview. 2. The complaint raised in this writ petition is that in spite of expiry of eight months so far the rank list has not been finalised and further action for appointment to the notified posts has not been taken by them. It is also alleged that temporary appointments have been made in the meanwhile. 3. Respondent has filed a statement. I heard learned standing counsel for the respondent also. As regards the reason for the delay, it is stated in paragraph 8 of the statement that there were some writ petitions filed by persons who failed to qualify in the written test and therefore the Council could not finalise the matter and they were awaiting orders in the said writ petitions. It is also submitted that there were resource constraints which compelled them to postpone the finalisation of appointments. It is contended that merely because of the notification has been issued, petitioner cannot seek appointment as such. 4. In view of the fact that already a notification has been issued and all the steps in the selection of candidates have been completed, there W.P.(C)No.662/10 & 19650/10 3 is no reason as to why the further action in the matter should be kept pending. Therefore, the further actions for publication of rank list may be finalised within a period of two months from the date of receipt of a copy of this judgment. The State had filed R.P.No.835/09 against that judgment, which was dismissed by this Court by judgment dated 1.10.2010. 4. The learned Standing Counsel for the Sports Council submits that no rank list has been published and no appointment has been made yet pursuant to the selection initiated by the above said notification inviting applications. If that be so it is clear that the contract appointment of the petitioner in W.P.(C)No.662/2010 was not pursuant to the notification inviting applications and therefore her services cannot be directed to be regularised. 5. In the above circumstances, all I have to do in these writ petitions is to direct the Sports Council to complete the selection process as directed in Ext.P5 (in W.P.(C) No.662/10) judgment expeditiously. In fact, by Ext.P5 judgment, the Sports Council was directed to finalise the rank list within a period of two months from the date of receipt of a W.P.(C)No.662/10 & 19650/10 4 copy of that judgment. Despite the fact that there was no stay in the review petition, they have not cared to do the same, which I am of opinion is prima facie non-compliance with the directions of this Court in Ext.P5 judgment. However, taking a lenient view, I direct that the proceedings as directed in Ext.P5 judgment shall be completed within a period of one month from today. The writ petitions are disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.662/10 & 19650/10 5 W.P.(C)No.662/10 & 19650/10 6