Dr.Faisal P.N vs State Of Kerala
2021 Latest Caselaw 1592 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                       WP(C).No.1207 OF 2021(A)


PETITIONER:

               DR.FAISAL P.N,
               AGED 45 YEARS
               S/O. AMMED, PADINJARE NELLIYOTT HOUSE, P.O.PALERI,
               KUTTIYAD, KOZHIKODE DISTRICT-673508.

               BY ADV. SRI.R.K.MURALEEDHARAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GENERAL
               ADMINISTRATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        UNIVERSITY OF CALICUT,
               REPRESENTED BY ITS REGISTRAR, THENHIPALAM P.O.,
               MALAPPURAM-673635.

      3        THE REGISTRAR,
               UNIVERSITY OF CALICUT, THENHIPALAM P.O., MALAPPURAM-
               673635.


OTHER PRESENT:

               SC PC SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1207 OF 2021

                                     2

                             JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P6 short list of candidates to the extent of excluding the petitioner for interview;

ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2 nd and 3rd respondents to permit the petitioner to participate in selection process by attending the interview on 19.01.2021 along with the necessary documents.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the University.

3. The petitioner contends that he was an inmate of the

Darunnujoom Orphanage, Perambra in Kozhikode District for

the period from June 1982 to March 1989. It is submitted that

inmates of recognized or aided children homes or orphanages

are entitled to relaxation in the matter of upper age limit in

public employment by 10 years. The petitioner had submitted

an application pursuant to Ext.P4 notification issued by the 2 nd

respondent University for appointment to the post of Assistant

Professor in Education. However, the said application could not WP(C).No.1207 OF 2021

be completed apparently because he had exceeded the age

limit notified. The petitioner submitted Ext.P5 representation on

15.02.2020. However, no orders were passed thereon. It is

submitted by the learned counsel for the petitioner that on

Ext.P6 short list was published on 01.01.2021 and on finding

that the petitioner's name was not included therein, he had

again preferred representations before the University, which

were also not considered. The petitioner seeks a direction to

the respondents to permit him to participate in the interview to

be conducted on 19.01.2021 onwards.

4. The learned Standing Counsel appearing for the

respondents submits that there was no application uploaded by

the petitioner pursuant to Ext.P4. It is submitted that the

Government orders providing for relaxation of age limit for

inmates of orphanages has not been made applicable to

appointments in the University since the upper age limit is

prescribed by the statutes. It is stated that Ext.P4 notification

also provides for upper age limit with relaxations provided

therein which the petitioner did not meet. More pertinently, it is WP(C).No.1207 OF 2021

pointed out that since there was no application which was

uploaded by the petitioner, there can be no direction to

consider the petitioner in the interview, which is to be

conducted from 19.01.2021 onwards.

5. I have considered the contentions advanced. It is

clear that Ext.P4 notification was dated 31.12.2019. The upper

age limit and the relaxations therefrom were specifically

provided therein. Though the petitioner made an attempt to file

an application pursuant to Ext.P4, it appears that such

application was not successful because he did not meet the age

limit as provided in Ext.P4. The petitioner submitted Ext.P5

representation dated 15.02.2020, however no action was taken

thereon. Ext.P6 short list was published on 01.01.2021. The

petitioner's application number did not figure in Ext.P6

apparently because the petitioner's application was not

received pursuant to Ext.P4 at all.

6. In the above factual situation and in view of the fact

that the petitioner was aware of the fact that his application

had not been duly submitted pursuant to Ext.P4 as is evident WP(C).No.1207 OF 2021

from Ext.P5, I am of the opinion that the directions sought for to

include the petitioner in the interview to be conducted pursuant

to Ext.P4 cannot be considered. This is specifically in view of

the fact that there was no application preferred by the

petitioner in the eyes of law, on which an interview could be

conducted by the respondents. The petitioner also did not

mount a challenge to the action of the respondents in not

permitting him to make the application within any reasonable

time.

In the above view of the matter, the writ petition fails and

the same is accordingly dismissed.

Sd/-

ANU SIVARAMAN

JUDGE Bng/16.01.2021 WP(C).No.1207 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE INMATE CERTIFICATE COUNTERSIGNED BY THE DISTRICT SOCIAL JUSTICE OFFICER DATED 8.8.2018.

EXHIBIT P2 TRUE COPY OF CERTIFICATE OF PASS IN MA(HISTORY) FROM CALICUT UNIVERSITY DATED 22.1.2007.

EXHIBIT P2(A) TRUE COPY OF THE CERTIFICATE OF PASS IN M.SC. PSYCHOLOGY FROM MADRAS UNIVERSITY DATED 5.3.2011.

EXHIBIT P2(B) TRUE COPY OF THE CERTIFICATE OF PASS IN M.ED. DEGREE FROM ANNAMALI UNIVERSITY DATED 22.10.05.

EXHIBIT P2(C) TRUE COPY OF THE CERTIFICATE OF PASS IN M.PHIL IN EDUCATION WITH 74% FROM MADRAS UNIVERSITY DATED 12.8.2008.

EXHIBIT P2(D) TRUE COPY OF THE CERTIFICATE OF PASS IN PH.D. DEGREE IN EDUCATION FROM MG UNIVERSITY DATED 14.1.2020.

EXHIBIT P2(E) TRUE COPY OF THE CERTIFICATE OF STATE ELIGIBILITY TEST IN 2004 DATED 22.3.2006.

EXHIBIT P2(F) TRUE COPY OF THE CERTIFICATE OF NATIONAL ELIGIBILITY TEST DATED 13.4.2007.

EXHIBIT P2(G) TRUE COPY OF RELEVANT PAGE OF PUBLICATION IN EDU WORLD.

EXHIBIT P2(H) TRUE COPY OF RELEVANT PAGE OF PUBLICATION IN LEARNING STRATEGIES.

EXHIBIT P3 A TRUE COPY OF THE GO(MS)NO.307/79/GAD DATED 23.5.1979.

EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION DATED 31.12.2019.

WP(C).No.1207 OF 2021

EXHIBIT P5 A TRUE COPY OF THE PRINTOUT OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 15.2.2020.

EXHIBIT P6 A TRUE COPY OF THE SHORTLIST DATED 1.1.2021.

EXHIBIT P7 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 7.1.2021.

EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 26.2.2020 OF THE 2ND RESPONDENT UNIVERSITY AND THE RELEVANT PAGES OF NOTIFICATION BY THE UGC.

EXHIBIT P9 A TRUE COPY OF RELEVANT PAGE OF GENERAL GUIDELINES FOR APPOINTMENT PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION.