Jagannath.P.M vs Kerala Public Service Commission on 1 December, 2008

Kerala High Court
Jagannath.P.M vs Kerala Public Service Commission on 1 December, 2008
       

  

  

 
 
  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.

————————————–
W.A. No. 2245 of 2008

—————————————
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 Junior

W.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.

————————————-

W.A.No. 2245/2008

————————————-

Judgment

Date:1st December,2008

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