MANOJ P J Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Original Petition arises out of the order of the Kerala Administrative Tribunal, Thiruvananthapuram Bench dated 16.2.2016 in O.A.No.1674 of 2015. The petitioner, a candidate included in Annexure A5 ranked list published by the Kerala Public Service Commission (for brevity 'the PSC') for the post of Lower Division Clerk in various Departments in Kozhikode District and Annexure A9 ranked list for the post of Civil Excise Officer in the Excise Department in Kozhikode District, pursuant to Annexures A2 and A5 Gazette notifications dated 31.7.2013 and 31.12.2013 respectively, has filed that O.A. seeking for an order to quash Annexures A15 and A17 communications issued by the PSC dated 23.7.2015 and 28.7.2015 respectively, by which his request for weightage marks as a meritorious sports person was declined. The petitioner has also sought for an order directing the 1 st and 2 nd respondents to reckon the weightage marks for sports person and accord a suitable place in Annexures A5 and A9 ranked lists; an order to direct the 1 st and 2 nd respondents to give effect to the profile modified on 24.5.2014 for all future benefits; and an order to direct the 2 nd respondent to consider and pass appropriate orders on Annexure A19 representation.

(2.) The reliefs sought for in the O.A. were opposed by the PSC by filing Ext.P2 reply. The petitioner has also filed Ext.P3 rejoinder.

(3.) After considering the rival contentions, the Tribunal by Ext.P4 order dated 16.2.2016 rejected the claim made by the petitioner for weightage marks as a meritorious sports person in relation to Annexures A5 and A9 ranked lists, since it was found that the petitioner made entries in his profile with respect to sports weightage only on 24.5.2014, i.e., only after the last date for receipt of applications prescribed in Annexures A2 and A5 Gazette notifications, i.e., 4.9.2013 and 5.2.2014 respectively. However, in the light of the fact that he has updated his profile as on 24.5.2014, the Tribunal made it clear that, in respect of the applications to which the last date of receipt of application is fixed on any date subsequent to the said date, the PSC will consider the claim for weightage marks in accordance with the relevant norms. As regards non-grant of weightgae marks for the post of Lower Division Clerk in various Departments in Kozhikode District and for the post of Civil Excise Officer in the Excise Department in Kozhikode District, the Tribunal held that the refusal of the PSC to grant weightage marks is justified as it was not claimed before the last date of submitting the applications. The O.A. was accordingly disposed of.