High Court Kerala High Court

I.M.Shakeer vs The State Of Kerala on 16 June, 2008

Kerala High Court
I.M.Shakeer vs The State Of Kerala on 16 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16634 of 2007(E)


1. I.M.SHAKEER, SHAMOOR MANZIL,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. R.C.PRASANTH, 21/1674-A,

                For Petitioner  :SRI.M.V.BOSE

                For Respondent  :SRI.K.ANAND (A.201)

The Hon'ble MR. Justice V.GIRI

 Dated :16/06/2008

 O R D E R
                          V.GIRI, J.
            -------------------------
                  W.P.(C).No.16634 of 2007 E
            -------------------------
           Dated this the 16th day of June, 2008.

                            JUDGMENT

Pursuant to notification issued by the Government

inviting applications from sportsmen/women, who had made

achievements in sports/Games in various disciplines, the petitioner

and the 2nd respondent, both of whom are accomplished in the

discipline of cycle polo, applied. In listing out, the points to be

awarded to the applicant in terms of Ext.P1 Government

notification, it was found that equal number of points were

secured by the petitioner and the 2nd respondent. In such

circumstances, clause 2.10 of Ext.P1 provides the manner in which

the tie is to be broken. It reads as follows:

“2.10. When there is a tie in any of the

achievements listed above, the following

criteria in the priority listed will be

applied to break the tie.

(a) Individual achievements will be
ranked above team achievements.

(b) If a new record is created he/she
will be given next priority.

               (c)  captaincy       in      the    higher
                    competition     will   be  given  the
                    next place.
               (d)  If   there    is   still   a  tie,  a
                    candidate who is senior in age on

the date of inviting application
will be given next priority.

(e) If a tie cannot be broken by any
of the above-mentioned criteria,

W.P.(C).NO.16634/07

:: 2 ::

percentage of marks in the
qualifying examination will be
the basis for breaking the tie.”

2. Accordingly, it was found that the 2nd respondent

was entitled to a preference over the petitioner on the premise

that he had been the captain of the team in the 26th Senior (men)

National Cycle Polo Championship, 2003-04. The petitioner

challenges the appointment of the 2nd respondent on the premise

that Sub-clause ) of Clause 2.10 of Ext.P1 norms have no

application and consequently, since there was a tie between the

petitioner and the 2nd respondent, in terms of Sub-clause (d), the

candidate, who is senior in age as on the date of application may

be given the next priority. The petitioner is senior to the 2nd

respondent. Therefore, the petitioner claims that he should have

been preferred to the 2nd respondent.

3. In the counter affidavit filed by the 1st respondent,

reference is made to the manner in which the priority points

were awarded to the petitioner and the 2nd respondent.

I.M.Shakeer (petitioner) Priority point.

(1)    5th World Bicycle Polo
       Championship 2002 (Bronze)                      P.3(T)

(2)    24th Senior National Cycle
       Polo championship 2001-02(Winner)               P.27(T)

(3)    26th Senior (men) National Cycle
       Polo championship 2003-04(Runner up)            P.28(T)

(4)    25th Senior (men) National Cycle
       Polo championship 2002-03(3rd place)            P.29(C)

W.P.(C).NO.16634/07

                                :: 3 ::



Prasanth R.C (2nd respondent)

(1)    5th World Bicycle Polo
       Championship 2002 (Bronze)                        P.3(T)

(2)    24th Senior National Cycle
       Polo championship 2001-02(Winner)                 P.27(T)

(3)    26th Senior (men) National Cycle

Polo championship 2003-04(Runner up
& Captain) P.28(C)

(4) 25th Senior (men) National Cycle
Polo championship 2002-03(3rd place) P.29(T)

4. After referring to the above, it is contended that the

Government considered the captaincy of the petitioner and the

2nd respondent to break the tie. It was found that the 2nd

respondent’s captaincy merits him priority point No.28. The

petitioner’s captaincy merits priority point No.29. Accordingly,

the 2nd respondent was chosen. Reference in this regard is made

to priority points. The order of priority is listed in Ext.P10. Serial

Nos.28 and 29 read as follows:

“28. Representing Kerala State in Senior

National Championships for men/women

or National games and winning second

place.

29. Representing Kerala State in Senior

National Championships for men/women

or National games and winning third

place.”

5. It so happened that the team captained by the

petitioner in 2002-03 in the Senior National Championship in

the Cycle Polo won the third prize, whereas the same team

W.P.(C).NO.16634/07

:: 4 ::

captained by the 2nd respondent for the subsequent year 2003-

04 won the second prize. Therefore, this was a case where the

2nd respondent had captained a team in a higher competition.

The listing of priority and the awarding of marks and the method

used to break the tie between the petitioner and the 2nd

respondent has been correctly understood and applied by the 1st

respondent. I do not find any error in the stand taken by the

Government in this regard.

Writ petition is bereft of merit and the same is

dismissed.

Sd/-

(V.GIRI)
JUDGE
sk/

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