ANOOP V. Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Original Petition (KAT) has been filed challenging an order passed by the Kerala Administrative Tribunal in O.A.No.1540/2019. The petitioner is one among the candidates, who had applied for the post of Police Constable. Pursuant to a notification dated 31.12.2017, a written test was conducted on 22.7.2018 and a physical test was conducted on 17.04.2019. Rank list was published on 1.7.2019. The rank list expired on 30.6.2020. The petitioner submits that he was not given the grace marks though he had represented the Kozhikode District in Mountain Bike Cycling championship. The case set up by the Kerala Public Service Commission is that the grace marks for sports persons are being given based on the Government Order issued in the year 1978. Relevant clauses are clauses 5 and 10. It is the case of the KPSC that as per clause 5 suitable grace of extra marks are given for participants in National/International/State events. As far as State level championship conducted under the auspicious of State Government/Universities in the State and Kerala Sports Council is concerned, only the winners are given grace marks. The extra marks to be given is specified under clause 10 (a)(vi) (individual events). As far as individual events are concerned, the extra grace marks will be 5%, if a person has represented a District in the State Championship and a College in inter collegiate (inter-zonal meets). The contention urged by the petitioner is that though it is stated in clause 5(d) that the winners at State Level competitions, conducted under the auspicious of State Government/Universities in the State and Kerala Sports Council are entitled for extra marks, in clause 10(a) (vi) it is clearly indicated that one who represents in the State Championships will get 5% extra grace marks. Therefore, it is contended that the petitioner is entitled for the grace marks at 5%. The Tribunal after considering the respective contentions of the parties, had observed that insofar as the Commission had taken a view based on the Government Order inorder to have a clarity, it is for the Government to consider the case set up by the petitioner and accordingly, they have permitted the petitioner to approach the Government within a period of three weeks and the Government was asked to consider and pass appropriate orders. The learned counsel for the petitioner placed reliance on clause 10(c) as well in order to contend that the petitioner is entitled for grace marks. Insofar as the Tribunal had already directed the matter to be placed before the Government, we do not think that it is necessary for us to consider the claim of the petitioner on merits. Under such circumstances, we do not find any ground to interfere with the impugned order. If the representation has not been filed as directed by the Tribunal, further one week is granted to file the representation.