The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu dismissed the writ petition holding that seeking job for an individual could not be considered as a public interest litigation (PIL) and it was not maintainable.
The 37-year-old, who was the captain of State and national Kabbadi teams, said she won gold medals in several national and international games. “She was appointed as constable in the Tamil Nadu Police in 2005 and was later transferred as Ty Havildar, Tamil Nadu Special Police Force, Vth Battalion, Avadi,” her counsel submitted.
The Additional Director General of Police had recommended her elevation as sub-inspector, but the Commandant of Vth Battalion said her sports achievements have not been entered into her service record. “The statement is illegal, improper and discriminatory,” the counsel said.
The discriminatory statement pushed her into depression and Kavitha could not report for duty, the counsel said. “In 2013, the police department removed Kavitha from service on the ground that she was on continuous leave. Therefore, she is suffering from unemployment,” the counsel added. The petitioner said her colleagues in other states have got government jobs and pointed out the earlier cases of allocating government jobs to eminent sportspersons.
However, the bench rejected the argument holding that the government has already offered a job. “As per the directions of the Supreme Court, the High Court cannot pass directions to offer government job merely based on the representations,” the bench said and dismissed her petition.