IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.1054 OF 2020(F)
PETITIONER/S:
1 JAYACHANDRAN B.,
AGED 45 YEARS
S/O. BHASKARAN PILLAI, OVERSEER, ELECTRICITY SECTION
POTHENCODE, THIRUVANANTHAPURAM, RESIDING AT
KUNCHUVEETHUVILA VEEDU, MURAMEL, NANNATTUKAVE,
POTHENCODE, P.O. THIRUVANANTHAPURAM 695 584.
2 ANILKUMAR.S.,
OVERSEER, ELECTRICITY SECTION CHACKAL,
THIRUVANANTHAPURAM, RESIDING AT KAVUVILA, CHENNILODE,
MEDICAL COLLEGE, P.O. THIRUVANANTHAPURAM 695 011.
3 PRASAD.M.,
OVERSEER, ELECTRICITY SECTION EDAYUR, PONNANI,
MALAPPURAM, RESIDING AT VILAYIL VEEDU, CHANGA P.O.
THIRUVANANTHAPURAM 695 042.
BY ADVS.
SMT.SREEDEVI KYLASANATH
SRI.ACHUTH KYLAS
SRI.R.MAHESH MENON
SRI.DEAGO JOHN K
SHRI.AMAL DEV C.V.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, LABOUR AND SKILLS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS MANAGING DIRECTOR, VYDYUTHI BHAVAN
PATTOM, THIRUVANANTHAPURAM 695 004.
3 THE DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING,
SHRAM SAKTHI BHAVAN, 2 AND 4 RAFIMARG,
NEW DELHI 110 001.
WP(C).No.1054 OF 2020(F)
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4 THE DIRECTOR,
DIRECTORATE OF INDUSTRIAL TRAINING, KERALA STATE
HOUSING BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM 695 001.
5 THE TRAINING DIRECTOR,
INDUSTRIAL TRAINING DEPARTMENT, CHAKKI,
THIRUVANANTHAPURAM 695 024.
R1, R4-5 BY GOVERNMENT PLEADER
R2 BY SRI.M.K.THANKAPPAN, SC, KERALA STATE
ELECTRICITY BOARD LIMITED
R3 BY SMT.O.M.SHALINA, CGC
OTHER PRESENT:
GP - UNNI KAIMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1054 OF 2020(F)
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JUDGMENT
Dated this the 8th day of January 2021 This writ petition is filed seeking directions to the respondents to grant the petitioners a chance to appear in the failed subjects of the All India Trade Test for Wire Man examination. It is submitted that the respondents are duty bound to give the petitioners question papers in Malayalam language so that they can attempt the examinations in the failed papers.
2. A statement has been placed on record by the Central Government Counsel. It is submitted that the petitioners had availed all the six chances and that the conventional system of training and examination had been discontinued by the DGT after August 2017. It is submitted that pursuant to the interim order issued by this Court for a consideration of the case of the petitioners, the respondents have decided that a one time relaxation shall be given in respect of the petitioners by permitting them to appear in the next AITT examination in annual pattern WP(C).No.1054 OF 2020(F) 4 as per the new curriculum. It is further submitted that the petitioners will be provided question papers in Malayalam language. However, no further chances will be provided to the petitioners.
In view of the fact that the respondents have undertaken to provide question papers in Malayalam language to the petitioners, I am of the opinion that nothing further requires to be considered in this writ petition. The writ petition is closed recording the submission made that the petitioners will be given one additional chance to appear in the next AITT examination in the annual pattern and that the question papers will be provided in the Malayalam language.
Sd/-
ANU SIVARAMAN
sab JUDGE
WP(C).No.1054 OF 2020(F)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF LETTER NO. DGE & T
19.04.2011 CD. (PT) DATED 16.07.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE TRAINING MANUAL (APPENDIX VIII , PARA 4A).
EXHIBIT P3 A TRUE COPY OF THE ALL INDIA TRADE TEST EXAMINATION RESULT 2012.
EXHIBIT P3(A) A TRUE COPY OF THE ALL INDIA TRADE TEST EXAMINATION RESULT 2013.
EXHIBIT P4 A TRUE COPY OF THE DETAILS OF MARK OF 2ND PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P5 A TRUE COPY OF THE DETAILS OF MARK ISSUED BY THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, CHACKAL, THIRUVANANTHAPURAM.
EXHIBIT P6 A TRUE COPY OF THE G.O. 749/2019 DATED 26.06.2019.
EXHIBIT P7 A TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P7(A) A TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P8 A TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P8(A) A TRUE COPY OF REPRESENTATION DATED 07.07.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. WP(C).No.1054 OF 2020(F) 6 EXHIBIT P9 A TRUE COPY OF REPRESENTATION DATED 05.07.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P9(A) A TRUE COPY OF REPRESENTATION DATED 05.07.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED 06.11.2018 OF 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF ORDER DATED 19.07.2016 IN I.A. NO. 11496/2016 IN WPC NO. 7355 OF 2015 OF THIS HONBLE COURT.
EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 08.02.2017 OF THIS HONBLE COURT IN WPC 7355 OF 2015.
EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 08.06.2017 OF THIS HONBLE COURT IN WPC 38237 OF 2016.
EXHIBIT P14 A TRUE COPY OF THE JUDGMENT DATED 31.10.2017 OF THIS HONBLE COURT IN WPC 34651 OF 2017.
EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION DATED 29.12.2014.
EXHIBIT P16 A TRUE COPY OF THE JUDGMENT DATED 17.07.2019 PASSED BY THIS HONBLE COURT IN WPC NO. 19451 OF 2019.
EXHIBIT P17 A TRUE COPY OF THE ORDER NO. MSDE 18015/12/2019 / KERALA TTC DATED 10.12.2019.