SABARI S. Vs. ARUN A.S

JUDGEMENT

(1.) The identical petitioner in the OP(KAT)s are before us challenging the order of the Kerala Administrative Tribunal [KAT] refusing to review the order setting aside the cancellation of a selection.

(2.) On facts, we have to notice that the State Police Chief decided to appoint Havildars in the sports quota in 28 sports items. There is no challenge against the selection conducted in 27 items. In water polo, the subject matter of the present challenge, it is stated that unlike in the other items, the interview was conducted first and then the skill test by participation in the sport. There was also a physical efficiency test conducted after the interview and skill test. The petitioner herein was excluded after the interview and skill test on he being awarded only 23 marks. Though no physical efficiency test was conducted in his case, the petitioner did not challenge his exclusion.

(3.) After the selection, one of the candidates, one Arun A.S., the 1st respondent herein, who participated and obtained 29 marks, challenged the select list before the Tribunal. Ten others, who were selected, filed an OA, to clear their appointments. While the OA's were pending before the Tribunal, the Government cancelled the selection on the ground that Arun A.S. was excluded from the physical efficiency test. This was based on the objection filed by Arun A.S. before the State Police Chief. The order of cancellation was challenged by way of an amendment in the OA.