Abhilash.M vs Kerala Agricultural University

Kerala High Court

Abhilash.M vs Kerala Agricultural University on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                 WP(C) NO. 29086 OF 2017
PETITIONER:

         ABHILASH.M
         S/O.GOPINATHAN,MELATHIL HOUSE,MELATHIL
         HOUSE,THAVANOOR.P.O,MALAPPURAM DISTRICT.
         BY ADV SRI.KRISHNA PRASAD. S


RESPONDENTS:

   1     KERALA AGRICULTURAL UNIVERSITY
         VELLANIKKARA,THRISSUR,-680654.
         REPRESENTED BY IT'S REGISTRAR.
   2     THE REGISTRAR
         THE KERALA AGRICULTURE
         UNIVERSITY,VELLANIKKARA,THRISSUR-680654.
   3     DEANAGRICULTURAL ENGINEERING
         KERALE COLLEGE OF KELAPPAJI COLLEGE OF
         AGRICULTURAL ENGINEERING &
         TECHNOLOGY,THAVANOOR.P.O-679573.
   4     ASHRAF.T.A
         S/O.SRI.ABDULLA,ATHANICKAL,ATHANIKKAL
         HOUSE,THRIRUTHY,PERUMBARAMBU POST,EDAPPAL,
         MALAPPURAM DISTRICT-679573.
   5     STATE REPRESENTED BY PRINCIPAL SECRETARY
         DEPARTMENT OF AGRICULTURE,
         SECRETARIET,THIRUVANANTHAPURAM-695001.
         BY ADVS.
         SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
         UNIVERSITY
         SRI.S.A.ANAND
         SRI.S.P.ARAVINDAKSHAN PILLAY
         SMT.L.ANNAPOORNA
         SMT.B.ANANJANA
         SRI.K.A.BALAN
         SRI.PETER JOSE CHRISTO
 WP(C)No.29086/2017
                            ..2..


          SMT.K.N.REMYA
          SMT.N.SANTHA
          SRI.V.VARGHESE
          SRI.V.K.SUNIL, SR GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.29086/2017
                               ..3..


                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.29086 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                            JUDGMENT

The above writ petition is filed with following prayers:

"(i) Issue a writ in the nature of mandamus directing the respondents 1 to 3 to appoint the petitioner as casual labourer following Exhibit P-1 Casual Labourers selected list(men) following the service rules and regulations

(ii) Issue a writ in the nature of certiorari calling for the records appointing the 4th respondent as casual labourer and quash the same.

(iii) Issue such other writ, order or direction, as this Honourable Court deems fit and proper in the circumstances of the case."(sic)

2. The main prayer in this petition is against the alleged illegal appointment of the 4th respondent without following communal rotation, which resulted in depriving appointment to the petitioner. According to the petitioner, he is eligible to be appointed based on Ext.P1 Rank List.

3. The learned Standing Counsel appearing for the University submitted that Ext.P6 is the Rank List and WP(C)No.29086/2017 ..4..

Rank List already expired. If that is the case, no orders can be passed in this case.

Therefore, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.29086/2017 ..5..

APPENDIX OF WP(C) 29086/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CASUAL LABOURER SELECT LIST(MEN)PREPARED FOR KELAPPAJI COLLEGE OF AGRICULTURAL & ENGINEERING AND TECHNOLOGY, THAVANUR EXHIBIT P2 A TRUE COPY OF THE SELCTION OF CASUAL LABOURER'S SELECT LIST(MEN)PROVIDED BY THE 3RD RESPONDENT DATED 1-11-2016 EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.5.2017 EXHIBIT P4 A TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM 2ND RESPONDENT DATED 3-7-2017 EXHIBIT P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14-7-2017 EXHIBIT P6 A TRUE COPY OF THE LETTER PROVIDING THE INFORMATION DATED 28-7-2017 BY THE 3RD RESPONDENT EXHIBIT P7 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 14.7.2017 BEFORE THE INFORMATION OFFICER OF THE 1ST RESPONDENT UNIVERSITY EXHIBIT P8 A TRUE COPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT DATED 10-8-2017.

RESPONDENT EXHIBITS ANNEXURE R1(a) THE TRUE COPY OF THE ROTATION PRINCIPLES FOLLOWED BY KERALA PUBLIC SERVICE COMMISSION.