Three Judges High Court held no error in Tribunal dismissing petitioner's OA seeking weightage marks for sports participation, as the benefit was not available on the notification's application deadline.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 1ST DAY OF AUGUST 2016/10TH SRAVANA, 1938
OP(KAT).No. 268 of 2015 (Z)
AGAINST THE ORDER/JUDGMENT IN OA 2312/2014 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 1.12.2014
PETITIONER/PETITIONER IN O.A.:
DIVYA K.S. AGED 34 YEARS, W/O.P.R.SABU, RESIDING AT DEEPA COTTAGE ERAM,CHATHANOOR.P.O,KOLLAM-697572.
BY ADV. SRI.P.NANDAKUMAR
RESPONDENT/RESPONDENT IN O.A.:
KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.
BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 01-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No. 268 of 2015 (Z)
APPENDIX
PETITIONER'S EXHIBITS :-
RESPONDENT'S EXHIBITS :- NIL
True copy
P.A to Judge
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
O.P.(KAT)No.268 of 2015
Dated this the 1st day of August, 2016
JUDGMENT
Anil K.Narendran, J.
The petitioner is the applicant in O.A.No.2312/2014 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram. The said O.A. was filed seeking an order to quash Annexure.A6 and for a direction to the respondent to grant weightage mark to the petitioner on the basis of Annexure.A3 certificate while publishing rank list for the post of Non Vocational Teacher/Higher Secondary School Teacher in Chemistry.
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O.P.(KAT)No.268 of 2015
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the Commission, the applicant has not claimed any weightage mark for participation in the hockey competition. Further going by G.O.(Ms)No.129/2012/GAD dated 30.5.2012 the applicant could claim the said benefit only from 30.5.2012, which date is much after the last date prescribed in the notification for submission of application, i.e., 9.2.2011. It was in the said circumstance that the Tribunal rejected the claim made by the applicant.
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submitted without proper claim in the application shall also not be considered.
In the result, this Original Petition fails and the same is dismissed.
Sd/- P.R.RAMACHANDRA MENON, JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
skj
1 issue framed by the court
Whether the High Court can interfere with the Tribunal's dismissal of a claim for weightage marks in a recruitment notification.
Divya K.S.
Kerala Public Service Commission
P.R.Ramachandra Menon
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
