IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2245 of 2008()
1. JAGANNATH.P.M, S/O.P.V.MOHANAN,
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE SECRETARY, KERALA PUBLIC SERVICE
3. THE SECRETARY, KERALA KALARIPPAYATHU
For Petitioner :SRI.M.RAJAGOPALAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :01/12/2008
O R D E R
J.B. Koshy & Thomas P.Joseph, JJ.
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W.A. No. 2245 of 2008
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Dated this the 1st day of December, 2008
Judgment
Koshy,J.
Heard both sides.
2. Appellant-Petitioner applied for the post of Junior
Health Inspector Grade II pursuant to the notification issued by the
Public Service Commission. He claimed that he had participated in
the State Kalarippayat Championship Competition of 2000-2001
representing Thrissur district and has secured first place in the
Northern Style in the Junior category. It is the common case that
10% of the marks will be given as weightage to the individual first
prize winners of State Championship and 5% of marks to who
represent a District in the State level championship of various
competitions including Kalarippayat as per the norms contained in
G.O. (Ms) No.21/78/GAD dated 11.1.1978. Petitioner was asked to
produce the certificate. He produced Ext.P2 certificate which reads
as follows:
“This is to certify that Sri.Jagannathan P.M.
representing Vallabhatta Kalari, Erattappuzha,
Thrissur won the Individual First place in the
W.A.No.2245/2008 2
northern style state Kalarippayat Championship
Competitions of 2000-2001 in the Junior
category.” (Underlining by us to give
emphasis.)
Further, there are many clubs and associations affiliated to District
association in every district and these clubs which got first and
second places in the district competition are allowed to participate
in the State championship. Only persons sponsored by the District
association will be allowed to participate in the State Championship
and certificate is given in the State Championship giving the names
of the participants. Names of the club or association wherein they
are members and names of the District they are representing are
mentioned in the certificate. That has been done here. In every
district, two participants are allowed to participate in the State
Championship, as otherwise there will be large number of
competitors. However, since the PSC wanted a further clarification,
appellant filed Ext.P4 certificate issued by the very same authority
which issued Ext.P2 which reads as follows:
“This is to certify that Jagannathan P.M.
has participated in the State level Kalarippayat
Championship held on 25.3.2001 (2000-01) at
Thiruvananthapuram and he has won Individual
First place in the said competition representing
the Thrissur district. The certificate produced
herewith is attested by me on 9.7.2007. He
has won individual First place in the JuniorW.A.No.2245/2008 3
category. This certificate is issued to produce
before the PSC.”
It is clearly mentioned that he was representing Thrissur district.
Now, the stand of the PSC is that Ext.P4 was produced after six
years. By Ext.P3 communication dated 31.5.2006 appellant was
asked to give clarification and he approached the Association and
obtained the certificate. In fact, by judgment in W.P. ) 31224 of
2007, a learned single Judge of this Court directed that PSC shall
hear the petitioner and the needful shall be done within a period of
four weeks. We are of the opinion that PSC ought to have
considered and allowed the claim of the petitioner. He is
representing the district and weightage should be given for that and
rank list has to be recast accordingly.
The writ appeal is allowed.
J.B.Koshy
Judge
Thomas P. Joseph
Judge
vaa
W.A.No.2245/2008 4
J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.
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W.A.No. 2245/2008
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Judgment
Date:1st December,2008
