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High CourtsDivision Bench(2012) 11 KL CK 0127

Adarsh. P. vs State of Kerala and Principal Secretary to Government

High Court Of Kerala · Decided on 12 November 2012

HON’BLE JUDGES
Manjula Chellur, J · A.M. Shaffique, J
RESULT
Dismissed
CASE NUMBER
OP (KAT) .No. 3668 of 2012 (Z)

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Judgment

3 paragraphs · 326 words

Shaffique, J.—Petitioner in the writ petition which was transferred to the Kerala Administrative Tribunal as TA No. 2619 of 2012 is the petitioner herein. Petitioner was employed as Peon in South Western Railways under Sports quota while he was studying M. Com degree. He was a member the Kerala State Table Tennis team from 2001 to 2010. When Ext. P2 notification was invited by the Government for appointment of persons under sports quota, Clause 3.7(vii) indicated that persons who got employment through Sports Quota in Central/State Governments or in the Public Sector Undertakings controlled by the Central/State Governments are ineligible to apply. Petitioner submitted Exts. P3 and P8 representations for modifying the said restriction imposed as per the said clause. Government rejected the said representations by communication dated 11.01.2011 which came to be challenged in the application.

2.

The Tribunal after taking into consideration the fact that as per Rule 39 of The Kerala State and Subordinate Services Rules, 1958 Government has the power to relax any provision of the Rules including Rule 3, which stipulates that all first appointments to public services shall be made in consultation with the Public Service Commission found that, it being a policy decision of the Government not to entertain applications of sports persons who are already employed in different establishments, dismissed the application. Learned counsel for the petitioner submitted that since there are vacancies in the general category and restricting the sports persons who are already employed from applying for the post is highly arbitrary. Such a proposition, we do not think is sustainable in view of the fact that no prejudice is being caused to the sports quota persons and this being a policy decision, this Court cannot interfere, unless it is shown that there is discrimination or arbitrariness in the decision taken or any violation of the rules.

That being the situation, we do not find any merit in the Original Petition and hence it is dismissed.