The Court dismissed a State review petition challenging the refusal to consult the Public Service Commission for staff appointments. It held that absence of amending rules precluded Section 44 applicability.
Review petition dismissed; no error found in the impugned judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932
RP.No. 835 of 2009(U)
-------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.35456/2008 Dated 12/02/2009
REVIEW PETITIONER(S):
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STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF SPORTS & YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.SANDESH RAJA
RESPONDENT(S): PETITIONER & RESPONDENT IN W.P.(C)
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1. N.K.SUBRAMANIAN, NARATTIL HOUSE, PULLUR P.O., IRINJALAKUDA. 2. KERALA STATE SPORTS COUNCIL , REP.BY ITS SECRETARY, THIRUVANANTHAPURAM.
R1 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE R1 BY ADV. SRI.B.UNNIKRISHNA KAIMAL R2 BY ADV. P.V.S. SUDHEER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
T.R. Ramachandran Nair, J.
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R.P.No.835/2009 in W.P.(C) No. 35456/2008-U
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Dated this the 1st day of October, 2010.
O R D E R
This review petition is filed by the State seeking to review the judgment in W.P.(C) No.35456/2008.
rp 835/2009
2
therefore they could not bring to the notice of this Court the above aspects.
rp 835/2009
3
that only under Section 44 of the Kerala Sports Act alone, any appointment can be made, cannot be accepted. Apart from that, there was no legal impediment for the Sports Council to initiate the process of appointment in terms of the rules and regulations and the procedure which was being adopted by them. No other legal impediment is pointed out by which they are restrained from continuing with the selection process.
rp 835/2009 4
matter, there is no apparent error in the judgment. The review petition is therefore dismissed.
(T.R. Ramachandran Nair, Judge.)
kav/
3 issues framed by the court
Whether Section 44 of the Kerala Sports Act mandates consultation with the Public Service Commission for regular appointments despite lack of amending legislation.
Whether a standing committee alone is empowered to continue the selection process under Section 6 of the Kerala Sports Act.
Whether there is an apparent error in the judgment ordering further action for publication of the rank list.
2 provisions across 1 enactments
State of Kerala Rep. by its Secretary, Department of Sports & Youth Affairs
N.K. Subramanian
Kerala State Sports Council
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
