Mohammed Ali P vs The District Collector
2021 Latest Caselaw 5041 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                           WP(C).No.3419 OF 2021(B)


PETITIONER:

                 MOHAMMED ALI P
                 AGED 59 YEARS
                 S/O.KUNHALANKUTTY, POOVAMANNIL HOUSE, PANNIPPARA P.O.,
                 KALLIDUMBU, EDAVANNA, MALAPPURAM DISTRICT-676 541.

                 BY ADVS.
                 SRI.K.VIDYASAGAR
                 SRI.P.DEEPAK

RESPONDENTS:

       1         THE DISTRICT COLLECTOR
                 MALAPPURAM-676 505.

       2         THE CHILD DEVELOPMENT PROJECT OFFICER,
                 THEKKUMMURI P.O., TIRUR-676 105.

       3         THE DISTRICT MEDICAL OFFICER (HEALTH),
                 ST.THOMAS COLLEGE ROAD, THRISSUR-680 001.

       4         THE DISTRICT MEDICAL OFFICER (HOMOEO),
                 CIVIL STATION P.O., MALAPPURAM-676 505.

       5         THE DISTRICT EMPLOYMENT OFFICER,
                 DISTRICT EMPLOYMENT OFFICE, MALAPPURAM-679 329.

       6         THE MEMBER SECRETARY,
                 KERALA STATE LEGAL SERVICES AUTHORITY, NIYAMA SAHAYA BHAVAN,
                 HIGH COURT COMPOUND, ERNAKULAM-682 031.

       7         THE MEMBER SECRETARY,
                 DISTRICT LEGAL SERVICES AUTHORITY, VELLARANGAL,
                 MANJERI-676 517.


OTHER PRESENT:

                 SRI.SUNIL KUMAR KURIAKOSE-GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3419 OF 2021(B)

                                     2



                              JUDGMENT

Though various allegations and averments have been made

in this writ petition by the petitioner, when this matter was

called today, learned counsel, Sri.P.Deepak, submitted that the

petitioner is only anxious to offer his services as a Para Legal

Volunteer, under the umbra of the Kerala State Legal Services

Act and therefore, that he has preferred Ext.P12 representation

before the 6th respondent - Member Secretary of the Kerala State

Legal Services Authority, Ernakulam. He thus he confined his

prayer that said representation be directed to be considered on

its merits.

2. When I examine the claim made by the petitioner, it is

indubitable, going by the applicable Scheme relating to the

engagement of Para Legal Volunteers, that no one can claim it as

a matter of right and that there are specified criteria and

mechanisms put in place for screening and selection of such

persons.

3. Obviously, therefore, consideration of the petitioner's

representation can be done by the competent Authority under

the mandate of the Scheme, but not because he has any vested WP(C).No.3419 OF 2021(B)

right.

4. I am, therefore, of the opinion that it will be

appropriate to direct either the 6 th respondent or any other

competent Authority under the Scheme, to consider Ext.P12 and

dispose it of in terms of law.

Resultantly, I order this writ petition and direct the 6 th

respondent either to dispose of Ext.P12 on his own or have the

same transmitted to the competent Authority under the Scheme,

who shall then do so, as expeditiously as is possible but not later

than one month from the date of receipt of a copy of this

judgment.

I make it clear that I have not considered any of the

contentions of the petitioner on its merits and that all of them

are left open to be considered by the competent Authority in

terms of this judgment.

SD/-

                                          DEVAN RAMACHANDRAN

rp                                                 JUDGE
 WP(C).No.3419 OF 2021(B)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE STANDARD X-EQUIVALENCY CERTIFICATE

OF THE PETITIONER ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATION KERALA.

EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD IN THE NAME OF THE PETITIONER ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 08.07.2009 IN WPC NO.15256/2009 PASSED BY THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 18.06.2013 IN TA 5003/2012 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.

EXHIBIT P5 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE DISTRICT DISABILITY ASSESSMENT BOARD, GENERAL HOSPITAL, MANJERI.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 27.02.2009 ISSUED BY THE 4TH RESPONDENT TO THE GOVT. ADDITIONAL SECRETARY, SUTHARYA KERALAM.

EXHIBIT P7 TRUE COPY OF THE CERTIFICATE FOR COMPUTER EDUCATION IN THE NAME OF THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 21.04.2015 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 08.04.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE IDENTITY CARD IN THE NAME OF THE PETITIONER ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER WORKING AS PARALEGAL VOLUNTEER ISSUED BY THE 7TH RESPONDENT DISTRICT LEGAL SERVICES AUTHORITY.

EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 08.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.