Petitioner challenged non-appointment to a coach post alleging violation of reservation principles. Court held appointees could not be challenged and no purpose will be served in deciding merit, as vacancies are filled. Petition dismissed.
The Writ Petition was dismissed.
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 SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938
WP(C).No. 3840 of 2011 (D) ---------------------------
PETITIONER(S):
SURESH M., MUDAKKARUVILA KOONAYIL, PARAVOOR P.O., KOLLAM-691031.
BY ADV. SRI.S.RAMESH BABU
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECREATRY, DEPARTMENT OF YOUTH AND SPORTS AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE KERALA STATE SPORTS COUNCIL, REPRESENTED BY ITS SECRETARY, BEHIND GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
R,R2 BY ADV. PIRAPPANCODE V.S.SUDHEER, SC, SPORTS COUNCIL R, BY ADV. SMT.P.K.RADHIKA R2 BY ADV. SMT.LATHA KRISHNAN, SC, KERALA STATE SPORTS COUNCIL BY GOVERNMENT PLEADER SRI.MANZOOR ALI.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 3840 of 2011 (D)
APPENDIX
PETITIONER(S)' EXHIBITS:
| EXT. | P1 : | TRUE COPY OF THE NOTIFICATION |
BEARING |
|---|---|---|---|
| NO.KSSC/B1/12186/2007 DATED 17/08/2007 ISSUED BY RESPONDENT. |
THE 2ND | ||
| EXT. | P2 : | TRUE COPY OF THE APPLICATION DATED 04/09/2007 SUBMI THE PETITIONER. |
TTED BY |
| EXT. | P3 : | TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDEN 01/08/2007 APPOINTING THE PETITIONER AS KABADI TRAI |
T DATED NER. |
| EXT. | P3(A) : | TRUE COPY OF THE ASSIGNMENT ORDER DATED 08/07/2009 BY THE 2ND RESPONDENT. |
ISSUED |
| EXT. | **P3(B): ** | TRUE COPY OF THE RELIEVING ORDER DATED 23/03/2010 BY THE 2ND RESPONDENT. |
ISSUED |
| EXT. | P4 : | TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RES OFFICE.FINAL RANK LIST DATED 21/12/2010 PUBLISHED 2ND RESPONDENT. |
PONDENT BY THE |
| EXT. | P5 : | TRUE COPY OF THE APPLICATION SUBMITTED BY SRI.UNN 17/12/2010 BEFORE THE 2ND RESPONDENT UNDER THE R INFORMATION ACT. |
I DATED IGHT TO |
| EXT. | P6: | TRUE COPY OF THE REPLY DATED 13/01/2011 GIVEN BY RESPONDENT. |
THE 2ND |
| EXT. | P7 : | TRUE COPY OF THE QUESTIONNAIRE AS WELL AS THE PROVIDED DATED 22/07/98 IN THE 8TH SESSION OF 10TH LEGISLATIVE ASSEMBLY. |
ANSWERS KERALA |
| EXT. | **P7(A): ** | TRUE COPY OF THE QUISTIONNAIRE AS WELL AS THE PROVIDED DEATED 06/03/2000 IN THE 13TH SESSION KERALA LEGISLATIVE ASSEMBLY. |
ANSWERS OF 10TH |
| RESP | ONDENT(S | )' EXHIBITS: | |
| EXT. | **R2(A): ** | TRUE COPY OF THE LETTER ISSUED BY THE GOV PERMITTING THE KERALA STATE SPORTS COUNCIL TO RECR COACHES. |
ERNMENT UIT THE |
| EXT. | **R2(B): ** | TRUE COPY OF THE ORDER IN R.P.NO.835/2009 IN NO.35456/2008 OF THIS HON'BLE COURT. |
WP(C) |
| EXT. | **R2(C): ** | TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA COUNCIL (RECONSTITUTION AND FUNCTIONS) RULES 1974. |
SPORTS |
| EXT. | **R2(D): ** | TRUE COPY OF THE JUDGMENT DATED 22/11/2010 OF THIS COURT IN WP(C)NO.19650/2010. |
HON'BLE |
/TRUE COPY/
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P.A.TO JUDGE
P.V.ASHA, J.
W.P(C) No.3840 of 2011-D
Dated this the 25th day of May, 2016
JUDGMENT
The petitioner filed this Writ Petition challenging the appointments to the post of Coaches in the Kerala State Sports Council alleging that principles of reservation are not followed. The petitioner was an applicant for selection conducted on the basis of notification issued on 17.8.2007. The rank list was published in the year 2010. The respondents have filed a counter affidavit stating that, appointments were already made in accordance with the Regulations in force.
Under the above circumstances, no purpose will be served in deciding the issue on merit. Even otherwise the respondents have produced the Regulations based on which the petitioner could not be selected. Therefore, there is no merit in the Writ Petition and the same is accordingly dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
1 issue framed by the court
Whether the Writ Petition challenging non-selection based on reservation principles can be decided on merit given vacancies have been filled.
Suresh M.
State of Kerala
Kerala State Sports Council
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
