High Court Kerala High Court

Siby George vs State Of Kerala on 29 July, 2008

Kerala High Court
Siby George vs State Of Kerala on 29 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6384 of 2008(I)


1. SIBY GEORGE, ASI OF POLICE,
                      ...  Petitioner

                        Vs



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

2. DIRECTOR GENERAL OF POLICE,

                For Petitioner  :SRI.SHAJI THOMAS PORKKATTIL

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice V.GIRI

 Dated :29/07/2008

 O R D E R
                          V.GIRI, J
                        -------------------
                     W.P.(C).6384/2008
                       --------------------
            Dated this the 29th day of July, 2008

                        JUDGMENT

Petitioner was appointed as Police Constable in the

year 1987. While working as ASI in the District Armed

Reserve, he applied for appointment to the post of Sub

Inspector of Police Trainee (General Executive) in the

Kerala Police. He passed the written test and physical

efficiency test and was included in the rank list, but was

not appointed due to lack of vacancies.

2. Thereafter, the PSC initiated proceedings for

appointment to the post of Sub Inspector of Police Trainee,

General Executive Branch. Petitioner applied for the

same. He was successful in the written test. But when the

physical efficiency test was conducted, he could pass only

four out of the total eight items. Petitioner then moved

the Government by Ext.P2 representation seeking to

invoke the powers of the Government under Rule 39 of

Part-II of K.S. & S.S.R. In Writ Petition No.2691/2006

filed by the petitioner praying for a direction to the

W.P.(C).6384/2008
2

respondents to appoint the petitioner as Sub Inspector of

Police Trainee (General Executive), petitioner further

pointed out that in a similar case involving one Sri. John,

Government had invoked its power under Rule 39 and

directed that he be appointed in spite of the fact that he

had not passed the physical efficiency test. Government

in Ext.P6 counter affidavit filed in Writ Petition

No.2691/2006 took the stand that John’s case was

considered as a special case because he had been

included in the rank list of Armed Police Sub Inspector

(AP Battalion) and the physical fitness was such that

he could pass the physical efficiency test for the post in

question. The writ petition was ultimately disposed of

directing the Government to consider the petitioner’s

representation. The matter was considered by the

Government and this led to Ext.P10 order.

Government, while considering the petitioner’s

contention that he has been subjected to hostile

discrimination vis-a vis Sri.John, found that John was

actually included in the rank list of APSI of Police ( AP

W.P.(C).6384/2008
3

Battalion) as he has passed the written test and five out

of eight items in the physical efficiency test for the post

of SI of Police (AP Battalion). On this premise,

petitioner’s claim came to be rejected. Ext.P10 order

passed in this regard and subsequent order passed by

the Government as Ext.P13, which was on application

for review filed by the petitioner himself, have been

challenged in this writ petition.

3. Counter affidavit has been filed by the second

respondent. Essentially it has been demonstrated in the

counter affidavit that John was actually included in the

list of SI of Police (AP Battalion) and therefore, while

invoking its power under Rule 39 in relation to John,

Government had material on the basis of which it could

justify its exercise of power. Case of the petitioner

stands on a different footing. Therefore, even in the

context of invoking powers of the Government under

Rule 39, petitioner cannot be legitimately plead a case

of hostile discrimination.

W.P.(C).6384/2008
4

4. There is force in the above submission made on

behalf of the respondents. Apart from the above, this

Court cannot compell the Government to necessarily

invoke its power under Rule 39 of Part-II of K.S. &

S.S.R. In the circumstances, I do not find any error in

the stand taken by the Government either in Exts.P10 or

P13. Writ petition is bereft of merit and hence

dismissed.

V.GIRI,
Judge

mrcs