Shiji P.T vs The Director Of Women And Child ...
2021 Latest Caselaw 4880 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                       WP(C).No.3457 OF 2021(F)


PETITIONERS:

      1        SHIJI P.T.,
               AGED 40 YEARS
               KAYIPPURATH , THEKKE NADA, VAIKOM P.O.
               VAIKOM 686 607.

      2        THRESYAMMA M.R.,
               AGED 99 YEARS
               PULIVELICHIRA,
               THEKKE NADA, VAIKOM P.O. VAIKOM 686 607.

      3        JAINY T.,
               PATTUPARAMBIL,
               THEKKE NADA, VAIKOM P.O. VAIKOM 686 607.

      4        BIJUMOL.V.,
               KUNNAPALLIL VEEDU,
               AYYANKULANGARA, VAIKOM P.O. VAIKOM 686 607.

      5        SASIKALA S.,
               KRISHNAPURAM UDHAYANAPURAM P.O.
               VAIKOM 686 143.

      6        ROHINI S.V.,
               VENPARAMBIL,
               THEKKE NADA, VAIKOM P.O. VAIKOM 686 607.

      7        SEENA V.K.,
               KOLLERIYIL PUTHENTHARA,
               VAIKOM P.O. VAIKOM 686 607.

      8        SUJAMOL E.S,
               BINOY BHAVAN, PULIMCHUVADU,
               VAIKOM P.O. VAIKOM 686 607.

               BY ADVS.
               SHRI.V.PREMCHAND
               SURYA MOHAN P
 WP(C).No.3457 OF 2021(F)

                                 2

RESPONDENTS:

       1       THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT
               WOMEN AND CHILD DEVELOPMENT DIRECTORATE,
               POOJAPPURA, THIRUVANANTHAPURAM 695 012.

       2       THE CHILD DEVELOPMENT PROJECT OFFICER,
               INTEGRATED CHILD DEVELOPMENT SERVICE ICDS OFFICE.
               CHILD DEVELOPMENT, PROJECT OFFICE, VAIKOM P.O.
               KOTTAYAM DISTRICT 686 141.

       3       THE DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICER,
               DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE,
               KOTTAYAM 686 002.

       4       THE VAIKOM MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY, VAIKOM P.O.
               KOTTAYAM DISTRICT 686 607.

       5       THE CHAIRMAN,
               VAIKOM MUNICIPALITY, VAIKOM P.O.
               KOTTAYAM DISTRICT 686 607.

       6       INDU BAI K.A,
               PURATHTHITHARA HOUSE, VAIKOM P.O.
               KOTTAYAM DISTRICT 686 607.

       7       MEGHA. P.
               KARIYILAMPATTUTHARA, VADAKKENADA VAIKOM P.O.
               KOTTAYAM DISTRICT 686 607.

       8       LEKHA.P.
               KALLU PARAMBIL, THEENADA, VAIKOM P.O.
               KOTTAYAM DISTRICT 686 607.



               A SREEKALA SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3457 OF 2021(F)

                                        3




                                  JUDGMENT

Dated this the 10th day of February 2021

The petitioners have approached this Court seeking the

following reliefs:

"i) Call for records leading to Exhibit P 2 and quash the same by a writ of certiorari or any other appropriate writ ,direction or order

ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to verify Exhibit P2 Select list, conduct a fresh interview and verification of requisite documents in tune with Exhibit P 3 Government order.

iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider and pass orders on Exhibit P5 forthwith in accordance with law and to keep in abeyance all further proceedings pursuant to Exhibit P2 till the same is considered and disposed of."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader as well as Adv.A.Sreekala, the learned

counsel for respondents 4 and 5. In the light of the directions being

issued, notice to respondents 6, 7 and 8 is dispensed with. WP(C).No.3457 OF 2021(F)

3. The learned counsel for the petitioners submit that the

service put in by the petitioners has not been properly reckoned

while preparing Ext.P2 Ranked List and that the provisions of

Ext.P3 Government Order have been violated in the preparation of

Ext.P2. Pointing out these aspects, the petitioners have approached

the 1st respondent with Ext.P5 representation.

4. The learned Government Pleader submits that since the

petitioners have preferred Ext.P5 representation before the 1 st

respondent, the issue can be settled by a consideration of Ext.P5

with notice to the petitioners and any other affected parties.

In the above view of the matter, there will be a direction to

the 1st respondent to take up Ext.P5 representation preferred by the

petitioners and to consider and dispose of the same with notice to

the petitioners as well as any other persons included in Ext.P2 list,

who is likely to be affected by the orders to be passed thereon.

Orders shall be passed after hearing the parties through any

appropriate means including through video conferencing within a

period of two months from the date of receipt of a copy of this

judgment. Appointments will be provisional and subject to the WP(C).No.3457 OF 2021(F)

orders to be passed by the 1st respondent. It is made clear that in

case the 1st respondent finds any irregularities in framing of the

list, appropriate directions can be issued for revising the list, in

accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.3457 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INTERVIEW LETTER DATED 10.12.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE FINAL SELECTION LIST OF SELECTED CANDIDATES PUBLISHED ON 11.01.2021 BY THE RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE GO DATED 22.10.2008 IS ISSUED BY SOCIAL WELFARE DEPARTMENT.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 04.02.2021 SUBMITTED BEFORE THE 5TH RESPONDENT BY THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 05.02.2021 BEFORE THE 1ST RESPONDENT.