KERALA PUBLIC SERVICE COMMISSION Vs. SHINOJ K.A.

JUDGEMENT

(1.) The Kerala Public Service Commission ('KPSC' for short) has preferred this Original Petition challenging order dated 3/9/2019 in OA(EKM) No.1031/2019. The Original Application was filed by the first respondent herein before the Kerala Administrative Tribunal, seeking for a direction to grant the benefits of Annexure A7 Government Order by granting 7% marks as sports weightage, to revise Annexure A8 ranked list and for other consequential reliefs.

(2.) The applicant had participated in a selection process pursuant to a notification issued by KPSC on 14/12/2017 for the post of Assistant/Auditor in various departments. In his application, he had also stated that he is entitled for weightage under the sports quota (State Level-2nd prize). When the ranked list was published, applicant was rank No.193. According to him, he was entitled for weightage of 7% which was not taken into consideration while preparing the ranked list. Though he submitted a representation, the same came to be rejected by KPSC as per letter dated 14/5/2019 inter alia stating that since he had secured 2nd prize in an Athletic Meet conducted by the All Kerala Technical Institutions, he is not eligible to get the weightage for sports. It is claiming the aforesaid benefit that the applicant had approached the Tribunal. Annexure A4 is the certificate in respect of All Kerala Technical High School Athletic Meet. The applicant got 2nd prize in the Sub- junior Boys' High Jump Competition. Applicant relied upon Annexure A7, the Government Order dated 11/1/1978, which provided weightage marks to candidates participating in various sports activities. According to the applicant, since he has secured 2nd place in an individual event, he is entitled for 7 1/2% as provided in the said Government Order.

(3.) KPSC took up a contention that the certificate produced by the applicant cannot be considered for granting weightage marks. According to KPSC, only winners of School Games conducted by Director of Public Instructions on the auspices of State Government and those who represents State Schools in All India School Games alone are eligible for weightage marks awarded to sports persons. It is pointed out that the All Kerala Technical High School Meet is being conducted only for students of Technical Schools. The number of Technical Schools in the State are very few and the number of competitors in such a Meet are only few and the competitors cannot claim that they are meritorious in the respective events. It is pointed out the State School Games conducted by DPI under the auspices of the State Government is not similar and cannot be compared with Technical School Meet.