SABEER M Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge is against the judgment dated 08.09.2009 passed by the learned Single Judge whereby interference was declined with regard to the prayer sought for, to place the writ petitioner in the rank list for appointment under Sports Quota, in place of the selection and placement given to the 2nd respondent.

(2.) The case put forth by the petitioner is in three fold. Firstly, it is contended that the 2nd respondent does not belong to State of Kerala, she being a 'Karnatakite' and hence not entitled to be considered for appointment under sports quota in the State pursuant to Ext.P5 notification. The second one is that, as per the prescribed norms, the 2nd respondent does not satisfy the specific requirements so as to have reckoned her candidature, in preference to the writ petitioner and hence the selection and placement given to the 2nd respondent is wrong. It is further contended that the 2nd respondent has consciously given a wrong address, as if she belongs to the State of Kerala and in the said circumstance, she should not have been considered by the State for giving public employment in view of the settled position of law by way of binding judicial precedents deprecating the stand of such aspirants in this regard.

(3.) Heard the learned counsel appearing for the appellant as well as the the learned counsel appearing for the contesting respondent and the learned Government Pleader appearing on behalf of the State.