Vishnu Prakash vs State Of Kerala
2021 Latest Caselaw 4041 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                    WP(C).No.38864 OF 2017(G)


PETITIONERS:
       1     VISHNU PRAKASH, S/O. PRAKASHAN.R, AGED 27 YEARS,
             PUTHUVALCHIRA, MANAPPURAM P.O., CHERTHALA,
             ALAPPUZHA DISTRICT, PIN-688 526.

      2      MUHAMMED NAEEM V.T, S/O. V.T.SHEREEF, AGED 32 YEARS,
             THOPPIL HOUSE, KILIMANGALAM P.O., THRISSUR,
             PIN-680 591.

      3      MATHEW A.C, S/O. A.A.CHACKO, AGED 40 YEARS,
             ANGILIKKAL HOUSE, KATTOOR P.O., KALAVOOR,
             ALAPPUZHA, PIN-688 522.

      4      NISSAMUDEEN, KOCHUMANAPPUZHA PUTHENCHANTHA,
             CHAVARA, KOLLAM.

             BY ADV. SRI.T.T.RAKESH
RESPONDENTS:
       1     STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE
             GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695001

      2      KERALA PUBLIC SERVICE COMMISSION,
             REPRESENTED BY ITS SECRETARY, PATTOM,
             THIRUVANANTHAPURAM PIN-695 004.

      3      KERALA STATE ELECTRICITY BOARD LTD.,
             REPRESENTED BY ITS SECRETARY, KERALA STATE
             ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM,
             THIRUVANANTHAPURAM-695 001.

      4      THE CHIEF ENGINEER (HRM),
             KERALA STATE ELECTRICITY BOARD LTD.,
             VAIDHYUTHI BHAVAN, PATTAM,
             THIRUVANANTHAPURAM-695 001.

             BY ADVS.SMT.ANEETHA A.G., SC,
                     KERALA STATE ELECTRICITY BOARD LIMITED
                     SRI.SUNIL KUMAR KURIAKOSE - GP
                     SRI.P.C.SASIDHARAN, SC
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2021, ALONG WITH WP(C).39387/2017(W), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.38864 & 39387 OF 2017

                                 -2-

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                        WP(C).No.39387 OF 2017


PETITIONERS

      1        GIREESHKUMAR B, S/O. BALAKRISHNAN NAIR K,
               AGED 31 YEARS, KOCHUMANNIL HOUSE,
               MANJINIKARA OMALLOOR P.O.,PATHANAMTHITTA DISTRICT.

      2        AKHIL RAJ R, S/O. RAJENDRAN, AGED 26 YEARS,
               RAJENDRA NIVAS, THOTTAPPALLY P.O.,
               ALAPPUZHA DISTRICT.

      3        KANESH R, S/O. P.V. RAJU, AGED 28B YEARS,
               PAUNNAMMOD, THOTTAPPALLY P.O., ALAPPUZHA DISTRICT.

               BY ADVS.
               SHRI.E.N.VISHNU NAMBOODIRI
               SRI.NARAYANAN P POTTY
               SRI.M.K.SASEENDRAN (MELEL)
               SHRI.VINOD RAJKUMAR
RESPONDENTS:

      1        THE KERALA PUBLIC SERVICE COMMISSION (PSC),
               VETTAM, THIRUVANANTHAPURAM-695 006,
               REPRESENTED BY ITS SECRETARY.

      2        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               DEPARTMENT OF TECHNICAL EDUCATION,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

ADDL.R 3       KERALA STATE ELECTRICITY BOARD,
               REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN,
               THIRUVANANTHAPURAM-695 001.

               *ADDL.R3 IMPLEADED AS PER ORDER DATED 19.03.2018 IN
               I.A.NO.3224/2018.

ADDL.R 4       RATHEESH.K.N, AGED 37 YEARS, S/O.NARAYANAN K.V.,
               KIZHAKKETHIL HOUSE, MANGALAM, WADAKKANCHERY,
               THRISSUR DISTRICT.
 WP(C)Nos.38864 & 39387 OF 2017

                                 -3-


ADDL.R 5    VYSHAK, AGED 32 YEARS, S/O.MOHANAN PUTHEN PURAYIL
            HOUSE, ELANAD P.O., CHELAKKARA, THRISSUR DISTRICT.

            (ADDITIONAL R4 AND R5 ARE IMPLEADED AS PER ORDER
            DATED 11/1/2021 IN I.A.3/2020 IN WP(C)39387/2017.)

            BY ADVS. SMT.A.G.ANEETHA, SC
                     SRI.C.A.NAVAS
                     SRI.T.K.SASIKUMAR
                     SRI.P.C.SASIDHARAN, SC
                     SRI.SUNIL KUMAR KURIAKOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2021, ALONG WITH WP(C).38864/2017(G), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.38864 & 39387 OF 2017

                                    -4-

                              JUDGMENT

[ WP(C).38864/2017, WP(C).39387/2017 ]

Dated this the 4th day of February 2021

The petitioners in these two cases, assert

that they are eligible to be included in the rank

list to be prepared by the Kerala Public Service

Commission(PSC) pursuant to the notification issued

by them, calling candidates for appointment to the

post of Meter Reader/Spot Biller-State wide, in the

Kerala State Electricity Board.

2. The singular contention of the

petitioners is that, while preparing the rank list,

the PSC is likely to include those who do not have

the imperative qualifications, as prescribed in the

notification; and therefore, pray that they be

interdicted from doing so.

3. I notice that pending this lis,

petitioners in W.P.(C)No.39387 of 2017 have produced

Ext.P30 notification dated 04.01.2021, issued by the

PSC - which is the probability list containing the

register number of candidates and as per which, they

have been asked to produce the documents in WP(C)Nos.38864 & 39387 OF 2017

substantiation of their qualification.

4. The afore factual narrative makes it

clear that the petitioners have approached this

Court on an anticipatory cause of action,

particularly because they themselves admit that a

rank list pursuant to the notification has not come

into effect until now. At the best, what is

available is only a probability list and the

petitioners say that it contains various persons who

are not qualified.

5. I am afraid that I cannot accede to

these contentions of the petitioners, since I am

certain that these writ petitions are premature -

the rank list not having been brought into force

yet.

6. That said, the contention of the

petitioners, that ineligible persons are likely to

be included in the rank list, cannot persuade me to

issue any affirmative declarations, but I am certain

that the PSC will be careful enough to ensure that

only those candidates who are eligible as per the

notified educational and other qualifications will

be included in the final rank list. WP(C)Nos.38864 & 39387 OF 2017

In the afore circumstances, I close this

writ petition without any further orders; however,

leaving liberty to the petitioners to challenge the

rank list, when it is brought into effect, if they

are so interested; for which purpose, all the

contentions impelled herein are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C)Nos.38864 & 39387 OF 2017

APPENDIX OF WP(C) 38864/2017 PETITIONER'S/S EXHIBITS:

EXHIBIT P1: A TRUE COPY OF THE NATIONAL TRADE CERTIFICATE IN THE TRADE OF ELECTRICIAN ISSUED TO THE SECOND PETITIONER

EXHIBIT P2: A TRUE OCPY OF THE NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT FOR THE POST OF METER READER IN KERALA STATE ELECTRICITY BOARD IN THE GAZETTE DATED 28.01.2015

EXHIBIT P3: A TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT SUBMITTED BY ARUN V DATED 22/10/2016

EXHIBIT P3(A): A TRUE COPY OF THE REPLAY DATED 10.11.2016 TO APPLICATION UNDER RIGHT TO INFORMATION ACT SUBMITTED BY ARUN V

EXHIBIT P4: TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT SUBMITTED BY MUHAMMED RASHEED DATED 9.11.2016

EXHIBIT P4(A): A TRUE COPY OF THE REPLAY DATED 15/12/2016 TO APPLICATION UNDER RIGHT TO INFORMATION ACT

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE WP(C)Nos.38864 & 39387 OF 2017

APPENDIX OF WP(C) 39387/2017 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 26/12/2014.

EXHIBIT P2 TRUE COPY OF THE S.S.L.C. CERTIFICATE OF 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE OF 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE S.S.L.C CERTIFICATE OF 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE OF 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF THE S.S.L.C CERTIFICATE OF 3RD PETITIONER.

EXHIBIT P7 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE OF 3RD PETITIONER.

EXHIBIT P8 TRUE COPY OF THE ADMISSION TICKETS OF 1ST PETITIONER.

EXHIBIT P9 TRUE COPY OF THE ADMISSION TICKETS OF 2ND PETITIONER.

EXHIBITP10 TRUE COPY OF THE ADMISSION TICKETS OF 3RD PETITIONER.

EXHIBIT P11 TRUE COPY OF THE ADMINISTRATIVE ORDER DATED 5/10/90 WITH A COVERING LETTER OF PUBLIC INFORMATION OFFICER, KSEB.

EXHIBIT P12 TRUE COPY OF REPLY DATED 7/6/2016 OF THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 26/6/2008 IN W.A NO. 1028/2008 OF THIS HON'BLE COURT.

EXHIBIT P14 TRUE COPY OF THE ORDER DATED 1.5.2017 OF HON'BLE SUPREME COURT OF INDIA.

EXHIBIT P15 TRUE COPY OF THE REPLY DATED 5/7/2017 ISSUED BY THE 1ST RESPONDENT.

WP(C)Nos.38864 & 39387 OF 2017

EXHIBIT P16 TRUE COPY OF THE LETTER DATED 5/7/2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P17 TRUE COPY OF QUESTION DATED 28/6/2017 AND THE ANSWER GIVEN BY THE TECHNICAL EDUCATION DEPARTMENT DATED 29/7/2017

EXHIBIT P18 TRUE COPY OF THE REPLY GIVEN BY TECHNICAL EDUCATION DEPARTMENT ON 19/08/2017.

EXHIBIT P19 TRUE COPY OF THE QUESTION DATED 9/11/2016 AND REPLY GIVEN BY TECHNICAL EDUCATION DEPARTMENT ON 15/12/2016.

EXHIBIT P20 TRUE COPY OF JUDGMENT DATED 5.12.2018 IN CIVIL APPEAL NOS.11853 AND 11854 OF 2018 OF THE HON'BLE SUPREME OF INDIA.

EXHIBIT P21 TRUE COPY OF ABSTRACT ISSUED BY 3RD RESPONDENT DATED 24.11.2018.

EXHIBIT P22 TRUE COPY OF MINUTES OF THE MEETING OF FULL TIME DIRECTORS OF THE COMPANY DATED 26.02.2020.

EXHIBIT P23 TRUE COPY OF DECISION OF THE HONOURABLE SUPREME COURT IN AJITH K AND OTHERS VS.ANEESH K.S AND OTHERS

EXHIBIT P24 TRUE COPY OF JUDGMENT IN WPC NO.497/2010(s) (N.P.ABDUL SALAM VS.EXECUTIVE ENGINEER ELECTRICITY AND OTHERS)DATED 30/5/2011

EXHIBIT P25 TRUE COPY OF JUDGMENT IN WA NO.2250/2007 DATED 26/6/2997 OF THIS HONOURABLE COURT IN SUNIL C.K VS.THE KERALA STATE PUBLIC SERVICE COMMISSION

EXHIBIT P26 TRUE COPY OF JUDGMENT DATED 30/11/2018 IN SWP NO.1003/2016 OF THE HON'BLE JAMMU AND KASHMIR HIGH COURT.

EXHIBIT P27 TRUE COPY OF JUDGMENT OF HON'BLE HIGH COURT OF MADRAS IN WPC (MD) NO.12326/2014 DATED 2/7/2019

EXHIBIT P28 TRUE COPY OF THE JUDGMENT OF HON'BLE SUPREME COURT IN CIVIL APPEAL NO.6206 AND 6207 OF 2019 DATED 8/8/2019 WP(C)Nos.38864 & 39387 OF 2017

EXHIBIT P29 TRUE COPY OF DECISION OF THE 1ST RESPONDENT BEARING NO.P.R(1)01/2020/27 DATED 02.11.2020.

EXHIBIT P30 TRUE COPY OF PROBABILITY LIST DATED 4.1.2021 ISSUED BY KERALA PUBLIC SERVICE COMMISSION.

RESPONDENT'S/S EXHIBITS :

EXHIBIT R3(a) A COPY OF THE BOARD ORDER (FTD)/NO.641/2020 DATED 19.10.2020.

EXHIBIT R3(b) A COPY OF THE ORDER REPORTING 218 VACANCIES TO THE PSC.

EXHIBIT R3(c) A COPY OF THE BOARD ORDER DATED 05.10.1990.

//TRUE COPY// P.A. TO JUDGE