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2017 DIGILAW 1200 (KER)

Kerala Public Service Commission, Represented by its Secretary v. P. Elezebeth John

2017-08-31

P.R.RAMACHANDRA MENON, SHIRCY V.

body2017
JUDGMENT : V. Shircy, J. 1. An Athlete who represented the State of Kerala in a National Rural Sports Tournament conducted by the department of Youth Affairs & Sports, aggrieved by the rejection of her claim by the Public Service Commission (for short 'PSC') for weightage marks for selection as a lower division clerk, approached the Tribunal (Kerala Administrative Tribunal, Ernakulam Bench), where her application was allowed. The assail is of Ext P5 verdict rendered by the Tribunal whereby the PSC was directed to award weightage marks and to assign placement in the proper place in the revised Ranked list. 2. The sequence of events reveal that the 1st respondent / applicant applied for the post of lower division clerk (LDC) in various departments in Kottayam District pursuant to a notification of the Public Service Commission (PSC) dated 31.07. 2013. She was qualified in the OMR Test conducted on 08.12.2014. Though she was entitled for weightage marks for her participation representing the State in the XXVIII All India Rural Sports Tournament (Group II) held at Fairdabad, the PSC failed to award the same and thus she was assigned only rank No.423. In fact, she was entitled for 20% additional marks as she had participated in the National Level Meet. If that be so, she would have been placed in between 3rd and 7th rank. Alleging that her legitimate claim was ignored by the PSC, she approached the Tribunal seeking the following reliefs: (i) Issue necessary direction directing the respondents 1 and 2 to accept Annexure A1 certificate, grant her the due weightage as per Annexure A4 instructions and accordingly assign the correct rank to the petitioner in Annexure A6 ranked list for the post of Lower Division Clerks Kottayam. (ii) Declare that the petitioner is entitled to get the weightage of 20% in marks, based on Annexure A1 certificate showing her participation in the National Meet and complete the selection process on that basis. (iii) Issue necessary direction directing the respondents 1 and 2 to accept the original of Annexure A2 and A3 certificates for granting the weightage in the marks, in case, Annexure A1 certificate is not found acceptable. (iv) Stay the operation of Annexure A6 ranked list. (v) Grant such other further reliefs this Hon'ble Tribunal deems fit and proper on the interest of justice.” 3. (iv) Stay the operation of Annexure A6 ranked list. (v) Grant such other further reliefs this Hon'ble Tribunal deems fit and proper on the interest of justice.” 3. The prayers were resisted by the PSC contending that in the Government order (MS)No.21/78/GAD dated 11/01/1978 Rural Sports Meet was not included for awarding weightage marks to meritorious sportsmen and so she was not awarded the same. 4. A Rejoinder was also filed by the applicant contending that there was no justification in rejecting her claim. 5. The Tribunal, after hearing both the sides, allowed the application. The operative portion of the order under challenge is extracted below: “Therefore, the Original Application is allowed and it is declared that the applicant is entitled to get weightage marks based on Annexure A1 certificate and the eligible marks will be awarded to her accordingly and her ranking in the ranked list will be revised as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this order. Based on her ranking she will be advised if sufficient vacancies are reported. It is made clear that this shall not affect adversely any of the candidates who have been already advised and appointed from the same ranked list.” 6. We heard the learned counsel for the PSC and the learned counsel for the applicant. We have also heard the learned Government pleader and the learned counsel for the Sports Authority of India as well the Sports Council of Kerala (Suo motu impleaded as additional respondent No.3 and additional respondent No. 4 respectively in this petition by an order dated 23.11.2016) and perused the counter affidavits filed by them. 7. The 2nd respondent /State of Kerala by filing the additional statement contended that District Rural Sports Tournaments and State Rural Sports Tournaments are being conducted by the District Sports Council and the Kerala State Sports Council respectively. The participation of the 1st respondent/applicant Smt. Elizabath John in National Rural Sports Tournament was representing the State of Kerala. In Rural Sports Tournaments, opportunity was given to the players who did not get the opportunity to participate in the State/National Tournament. Therefore, Rural Sports Tournament cannot be included in the category of National Tournaments. 8. The participation of the 1st respondent/applicant Smt. Elizabath John in National Rural Sports Tournament was representing the State of Kerala. In Rural Sports Tournaments, opportunity was given to the players who did not get the opportunity to participate in the State/National Tournament. Therefore, Rural Sports Tournament cannot be included in the category of National Tournaments. 8. The Sports Authority of India, the 3rd respondent contended that 'All India Rural Sports Tournament' competitions are not recognized by the National Sports Federations concerned, however, it is the internal matter of the State/Department to consider or not the certificates of National Level All India Rural Sports Tournament Competitions for admission/ appointment/ promotion. 9. The Kerala Sports Council, the 4th respondent on the other hand, filed a counter affidavit. In paragraph No.4 of the said counter affidavit, it is contended as follows: ''4. It is respectfully submitted that the sports men/women are sent to the National Rural Sports meet after a due selection process at the district level and the State level conducted by the Kerala State Sports Council. Therefore the 1st respondent has undergone a selection process. However, it is relevant to note that the sportsman/women who participate in the regular national events are not permitted to participate in the national rural sports meet. This affidavit is filed to bring the above fact to the notice of this Hon'ble Court.” 10. The 1st respondent/applicant is a graduate in Mathematics holding B.Ed. Degree also. The PSC had published a Notification dated 31.7.2013 inviting applications for the post of LDC in various departments in Kottayam District. Pursuant to the Notification, she attended the Objective Type Test conducted on 8.2.2014 and as she was qualified, she was assigned with rank No.423. Annexure A1 Certificate would reveal that the applicant had represented the State in Athletics in the XXVIII All India Rural Sports Tournament (GROUP-II) organized by the Directorate of Sports & Youth Welfare, held at Faridabad (Haryana) from 6.11.1997 to 9.11.1997. She produced Annexure A1 for verification before the PSC to prove her credentials and entitlement for weightage marks as per Ext.P4. 11. Ext.P4 is a Government Order issued by General Administration (Services )Department of the Government of Kerala as per the Scheme formulated by the Government of India granting concession to meritorious sportsman in public service recruitment to Class-III and Class 1V posts. 11. Ext.P4 is a Government Order issued by General Administration (Services )Department of the Government of Kerala as per the Scheme formulated by the Government of India granting concession to meritorious sportsman in public service recruitment to Class-III and Class 1V posts. Various items of sports and games are included in the list and the criteria for granting such concession/ benefit are also detailed. The relevant portion of Clause 4 of the Scheme is extracted as follows: ''(4) meritorious sportsmen on the following items of sports and games will be eligible for the concession. 1. xxxxxxx 2. Athletics 3 to 25 xx xxxxxxxxxxxxxxxx Clause (5) Suitable grade or extra marks will be fixed for the following categories (a) Sportsmen who have represented the State or the country in a National or International competition. (b) **** (c) **** (d) **** 12. Admittedly, the applicant represented the State of Kerala in the All India Rural Sports Tournament organized by the Department of Youth Affairs & Sports. Whether participation in 'All India Rural Sports Tournament' organized by the Directorate of Sports & Youth Welfare, Government of Haryana will come within the ambit of Clauses (4 ) and (5) of Ext.P4 G.O so as to enjoy the benefit flowing from the same, is the crucial question that arose for consideration. 13. It is discernible from Annexure-A1 Certificate that the meet was organised by the Directorate of Sports and Youth Welfare of Haryana Government and it bears the emblem of 'Sports Authority of India'. Hence, no doubt it was a National event. Ext.P4 Scheme was introduced by the Government of Kerala following the guidelines of Government of India in consultation with the PSC and the Kerala Sports Council. It indicates that the Scheme was introduced to encourage and support meritorious sportsman who represent the State or the country in National or International level. Off-course in Ext.P4, it is not mentioned in clear and definite terms that 'Rural Sports Tournaments' are also included in the Scheme. But the 2nd respondent/ the State Government in the additional statement had fairly admitted that the participation of the applicant in National Rural Sports Tournament was representing the State of Kerala. The competition was an All India competition. So, there was no justification in denying the benefit flowing from Ext.P4 to this petitioner. 14. It is significant to note that the scheme was introduced about 40 years back. The competition was an All India competition. So, there was no justification in denying the benefit flowing from Ext.P4 to this petitioner. 14. It is significant to note that the scheme was introduced about 40 years back. Vast changes, improvements and developments have taken place in the field of sports and games since then and it is the common knowledge that so many new items are included in sports competitions in National and International level. But still the scheme implemented in the year 1978 is being followed without any modification. We cannot ignore the fact that much importance is given to sports and games all over the world. Fame of a country to a large extent is recognized through sports and games. All our educational institutions are giving much importance to sports and games. But the drastic changes brought in this field have not been reflected in the Scheme and it still remains as it was introduced in the year 1978. Definitely, it must adopt itself to the changing times and conditions to make it meaningful. We strongly feel that the Scheme framed some 40 years back require modification to suit the present situation and to attract more deserving meritorious sportsmen and youngsters to sports and games for the welfare of the State at the earliest. Awarding weightage marks to the aspirants to job will definitely be an encouragement to them. But the guidelines must be clear and definite without any ambiguity. Here, as the applicant had participated in a national event that too representing the State there is absolutely no justification in denying the benefit to the applicant especially when the 4th respondent/ Sports Authority of India has contended that the option is on the state. Therefore, the Tribunal correctly extended the benefit to the applicant and there is no scope to interfere with the order under challenge. The order of the Tribunal is upheld and the PSC is directed to award weightage marks to the applicant as per the norms prescribed in Ext P4 and to give proper placement in the Rank list so as to enable her to enjoy the benefit / concession of the Scheme. We however, make it clear that this case shall not be taken as a precedent in further action of appointments/promotion/ admission and shall not affect adversely the candidates in the ranked list. 15. We however, make it clear that this case shall not be taken as a precedent in further action of appointments/promotion/ admission and shall not affect adversely the candidates in the ranked list. 15. The 2nd respondent/Government is directed to amend/modify Ext.P4 order brought into effect some 40 years back and frame necessary guidelines and norms in consultation with all concerned after due deliberation incorporating all the relevant clauses with more clarity so as to avoid the sportsmen who represented the State with pride to rush to courts to establish their rights. Specific stipulation has to be effected for the events both National and International competitions by which the sportsmen are entitled to get the benefits for admission/appointment/promotion. The Registry shall forward a copy of this Judgment to the Government for compliance. Accordingly, the Original Petition is dismissed.