Sidharth.S vs State Of Kerala
2021 Latest Caselaw 2356 Ker

WP(C).No.22174 OF 2020(V)

                                  1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                      WP(C).No.22174 OF 2020(V)


PETITIONER/S:

                SIDHARTH.S.
                AGED 25 YEARS
                S/O.SATHEENDRAN.V.V,RESIDING AT SARASWATHI
                NILAYAM,MORAYUR.P.O,
                MALAPPURAM DISTRICT-673642.

                BY ADVS.
                SRI.ANOOP.V.NAIR
                SHRI.NIKITHA ANTONY

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,AGRICULTURAL AND DAIRY DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD, 'MILMA BHAVAN',PATTOM PALACE.P.O, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS MANAGING DIRECTOR.

3 THE RECRUITMENT COMMITTEE, THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LTD,THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION LTD,P.B.NO.2212,EDAPPALLY,KOCHI- 24, REPRESENTED BY ITS CONVENER.

4 THE CONVENER, THE RECRUITMENT COMMITTEE,THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LTD,P.B.NO.2212, EDAPPALLY,KOCHI-24.

5 THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LTD, WP(C).No.22174 OF 2020(V)

CORPORATE OFFICE,EDAPPALLY, ERNAKULAM,KOCHI-682024,REPRESENTED BY ITS MANAGING DIRECTOR.

6 THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT,PATTOM, THIRUVANANTHAPURAM,KER2020ALA-695004.

7 THE CENTRE FOR MANAGEMENT AND DEVELOPMENT(CMD)RECRUITMENT AGENCY, THYCAUD,THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS CHAIRMAN.

8 SUDHEER.T.S, RESIDING AT T.S.BHAVAN,PERIYAVEED, VLATHANKARA.P.O, THIRUVANANTHAPURAM-695134.

9 VIVEK.P.S, RESIDING AT PUTHIAMADAM HOUSE,KADAMAKUDY, PIZHALA.P.O, ERNAKULAM-682027.

10 AKHIL.R, RESIDING AT MANAYANATHU HOUSE, KULAMAVU.P.O,IDUKKI-685601.

11 JISHA.K.S, RESIDING AT PUTHUMANA HOUSE, THOPPILPARAMBIL ROAD,ERNAKULAM-682504.

12 RIJU.P.R, RESIDING AT PARAYARUKUDY HOUSE, KOOVAPPADY.P.O, KOODALAPPADU,PERUMBAVOOR, ERNAKULAM-683544.

13 SHYAMADEV.V, RESIDING AT VARAKKATTILAM,PATTENA, NILESWAR,KASARGOD-671314.

14 SAJAN.R, RESIDING AT KATTUVILAKATHU VEEDU, OORUPOIKA,THIRUVANANTHAPURAM-695104.

15 SAJIN DAS.H, RESIDING AT MEENKULAM HOUSE, KANHIKULAM.P.O,KALLADIKODE,PALAKKAD DISTRICT- 678596.

16 ANANDHU S KUMAR, RESIDING AT ARYA BHAVAN,PUTHUCHIRA, WP(C).No.22174 OF 2020(V)

UMAYANALLOOR.P.O, KOLLAM-691589.

17 SHIJARA BEEVI.U, RESIDING AT SAMATHA KAROOR,KANATHARKUNNAM KARALI.P.O, SASTHAMCOTTA-690591.

18 PRABIN.C.B, RESIDING AT CHERUVATHOOR HOUSE, KANIPPAYYUR,THRISSUR DISTRICT-680517.

19 VISHNU PRASAD.K.B, RESIDING AT KOOMUNDAKKAL,KEEZHPAYUR, QUILANDY-673524.

20 SHAMLA BEEVI.A, RESIDING AT CHAYAKKARAKONATHU VEEDU,CHEERANIKKARA.P.O, VEMBAYAM, TRIVANDRUM-695615.

21 NIDHIN.S, 8/494,PUZHAKKAL HOUSE,C N PURAM.P.O, MATTUMANTHA,PALAKKAD DISTRICT-678005.

22 LEENA.A.L, RESIDING AT VILAYASSERITHARAYIL,MARU NORTH,ALUMKADAVU.P.O,KOLLAM DISTRICT-690573.

23 ASWATH.U.M, RESIDING AT KOTTARA VEEDU,KONCHIRA, KONCHIRA.P.O, VEMBAYAM,THIRUVANANTHAPURAM-695615.

24 SHEELA.A.K, RESIDING AT ANIL BHAVANAM,PADINJTTEKKARA THEVALAKKARA,KARUNAGAPPALLY-690524.

25 RAJESH KUMAR.P, RESIDING AT KANNODE HOUSE,VAYANATTUPURA, KANJIKODE POST,PALAKKAD-678621.

26 RAKESH.N.V, RESIDING AT NAMBIAR VEETIL HOUSE,BEYPORE, KOZHIKODE-673105.

27 DHANISH MAHMOOD.K, RESIDING AT KUZHIYANCHERY HOUSE,VALANCHERY,MORAYUR.P.O, MALAPPURAM DISTRICT-673649.

WP(C).No.22174 OF 2020(V)

28 SHIJIN.S.B, RESIDING AT MANNUPARAMBATH MEETHAL, KUNNATHARA POST,ULLLIYERI VIA,KOZHIKODE-673323.

29 SANEESH.K.B, RESIDING AT KUTTIKAT HOUSE,RAJAMILL ROAD, CHENDAMANGALAM.P.O, N.PARAVUR,ERNAKULAM-683512.

30 KANNAN NAIR.M, RESIDING AT KANNANUNNI NIVAS,NORTH GATE, AMBALAPUZHA.P.O, ALAPPUZHA-688561.

31 PRABBITH.M.P, RESIDING AT KIZHAKKEDKANDI HOUSE,KUTTIKKATTOOR.P.O, ALAPPUZHA-688561.

32 RASIYA.A, RESIDING AT MUKHERAYIL HOUSE, AZAD ROAD,MARKET.P.O,MUVATTUPUZHA, ERNAKULAM-686673.

33 SANDEEP.A, RESIDING AT AMBALAPPATTTA HOUSE, VELLILA,MANKADA,MALAPPURAM-679324.

34 ANOOP.K.K, RESIDING AT KUNDAYEE HOUSE,METHULLIPADAM,PUTHUR.P.O, THRISSUR-680014.

35 ARUN.T, RESIDING AT VELIYIL HOUSE,KANICHUKULANGARA.P.O, CHERTHALA,ALAPPUZHA-688582.

36 MARY NITHA.P.G, RESIDING AT THANNIPPILLY HOUSE, NAYARAMBALAM.P.O, ERNAKULAM-682509.

37 REJEEVAN.R, RESIDING AT PANANKARA VALIYAVILA VEEDU, VELLELIKADAVU,KOSUNGANOOR.P.O, THIRUVANANTHAPURAM-695013.

38 NIDHIN PUTHENPURAYIL, RESIDING AT VADAKKE PARAMBIL HOUSE, THIRUVALLUR POST,VATAKARA VIA, KOZHIKODE-673541.

39 NOWFAL K.MAJEED, WP(C).No.22174 OF 2020(V)

RESIDING AT MIUPPATHIL CHIRA,PALLATHURATHI WARD,PAZHAVEEDU.P.O, ALAPPUZHA-688009.

40 NITHIN.K, RESIDING AT KRISHNA KRIPA,PARAPRAM.P.O, KANNUR-670741.

41 AJITH.P.T, RESIDING AT PANIKASSERY HOUSE, KONNAKUZHY.P.O,THRISSUR-680721.

42 SAROJ SATHYAN, RESIDING AT SAROJAM,PAVITHRESWARAM.P.O, PAVITHRESWARAM,KOLLAM-695134.

43 PRADEEP.T.S, RESIDING AT T.S.BHAVAN,PERIYAVEEDU, VLANTHANKARA.P.O,THIRUVANANTHAPURAM-695134.

44 SHIBINRAJ.R.S, RESIDING AT SHIJIN BHAVAN,KUTTIMOODU, THALIKUZHI.P.O, THIRUVANANTHAPURAM-695612.

45 MANJU.J, RESIDING AT MUNDAKATHIL,PUTHENTHURA.P.O, NEENDAKARA,KOLLAM-691582.

46 RAHUL.T.R, RESIDING AT THEKKINIKATTIL HOUSE,CHERPU.P.O, THRISSUR DISTRICT-680561.

47 GOPIKRISHNA.HS, RESIDING AT HARISREE,PLAVOOR,AMACHAL.P.O, THIRUVANANTHAPURAM-695572.

48 VISHNU M PILLAI, RESIDING AT PARAKKUNNIL PUTHENVEEDU, KURAMPALA.P.O,PANDALAM,PATHANAMTHITTA-689501.

49 SANGEETH.K.M, RESIDING AT KALARIKKAL HOUSE,ULIKKAL.P.O, KANNUR DISTRICT-670705.

50 BINU.R.S, RESIDING AT KIDANGIL KUNNUVILA VEEDU, KATTAMPALLY,THUDAYANNOOR.P.O, KOLLAM-691536.

51 HAREESH.C.R, WP(C).No.22174 OF 2020(V)

RESIDING AT GREESHMA BHAVAN,KADUVAYIL, ATTINGAL.P.O, THIRUVANANTHAPURAM-695101.

52 PRADEESH.M.R RESIDING AT MAMBILLIKKUDIYIL,VALARA.P.O, 12TH MILE,IDUKKI DISTRICT,ADIMALY, PIN-685561.

53 SAJESH.T.M, RESIDING AT THARAYIL HOUSE,VEMBALLUR.P.O, THRISSUR-680671.

54 JISHA.E.S, RESIDING AT ELLIKOTTIL HOUSE,KANJIRAKODE, THRISSUR-680590.

55 SUNUKUMAR.V.G, RESIDING AT VAYAKKAL HOUSE,PADAMUGHAM.P.O, IDUKKI-685604.

56 GEEMON.C.G, RESIDING AT CHERAVANDATHPARAMBIL, IRIMPANAM.P.O, TRIPUNITHURA, ERNAKULAM-682309.

57 MATHEW GEORGE, RESIDING AT PUTHENPURACKAL HOUSE, PERUMBAIKADU.P.O,KOTTAYAM-686016.

58 VAISAKH.N, RESIDING AT NAMBIARATH,MANGODE.P.O PALAKKAD-678104.

59 SATHEESH.C, RESIDING AT KARUKAMANI,CHITTUR COLLEGE.P.O, AMBATTUPALAYAM, PALAKKAD-678104.

60 AKHIL RAJ.R.B, RESIDING AT PADMASREE,CHEERANIKKARA, TRIVANDRUM-695615.

61 VISHNU.S, RESIDING AT THEKKEKKARAL,VARANAD.P.O, CHERTHALA,ALAPPUZHA-688539.

62 ANAND.V.S, RESIDING AT VADASSERY HOUSE, ERNAKULAM-683514.

WP(C).No.22174 OF 2020(V)

63 SUDHEESH.M.M, RESIDING AT RESIDING AT KARIMBAYIL HOUSE,KUTTIYIL THAZHAM,G A COLLEGE.P.O,KOZHIKODE-673014.

64 SAKUNTHALA.P.O, RESIDING AT SREENARAYANA SEVIKA SAMAJAM,SREENARAYANAGIRI, THOTTUMUGHAM,ALUVA,ERNAKULAM-683105.

65 SARITHA.J, RESIDING AT SARITHA BHAVAN,VAZHAVILAKATHU VEEDU,MULLOOR.P.O, THIRUVANANTHAPURAM-695521.

R2-5 BY ADV. SMT.LATHA ANAND R6 BY ADV. SRI.MURALI PURUSHOTHAMAN R6 BY ADV. SRI.DEEPU LAL MOHAN R8-11, R13-21, R23-24, R26-34, R36-37, R39-46, R48- 50, R52-57 BY ADV. SRI.AMEER.K.M. R8-11, R13-21, R23-24, R26-34, R36-37, R39-46, R48- 50, R52-57 BY ADV. SMT.M.J.JESNA R8-11, R13-21, R23-24, R26-34, R36-37, R39-46, R48- 50, R52-57 BY ADV. SRI.E.ADITHYAN

OTHER PRESENT:

GP SRI B HARISH KUMAR

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.22174 OF 2020(V)

JUDGMENT Dated this the 21st day of January 2021

The question raised in this writ petition is whether a

person, who acquired a graduation degree, during the selection

process for filling up the post of Plant Attender Grade III in the

respondent institution, would be a bar for being selected.

2. To answer the aforementioned question, it would be

expedient to extract the qualification prescribed under

notification dated 25.11.2019, where a person seeking

appointment for the post of Plant Attender Grade III is required

to have Secondary School Leaving Certificate (SSLC) or

equivalent will be considered for the post but not with a degree

of graduation. The case of the petitioner in the instant case is

that he had applied for the said post before the of expiry last

date and at the relevant point of time was not having any

graduate qualification. The written test was held on 16.2.2020.

But the interview was delayed owing to COVID-19 pandemic and

held on 14.9.2020. By that time, as per the pleadings of

Paragraph 2 of the writ petition, had obtained a graduation in WP(C).No.22174 OF 2020(V)

B-Tech ie. with effect from 18.4.2020. It is in that background

the petitioner was not allowed to sit for a skill test held on

23.9.2020, giving cause to the petitioner to file this writ petition.

It was contended that the qualification on the date of

Advertisement/notification is to be considered, in case any

candidate obtains higher qualification after that shall not be a

bar for consideration for appointment, as has been done in this

case.

3. Per contra, learned Counsel appearing for the

respondent supports the action of the respondent in not

permitting the petitioner to sit in the skill test as the selection

process had not been completed; it was not only the stage of the

submission of the application, but other stages like interview,

skill test which would entail into a final selection. Before the skill

test could be held petitioner had obtained graduation, which is a

bar for a candidate for consideration to the post of Plant

Attender Grade-III and urged this Court for dismissal of the writ

petition.

4. I have heard learned Counsel for the parties and

appraised the paper books.

5. There is no denial to the fact that the petitioner after WP(C).No.22174 OF 2020(V)

the written test, but before interview had secured the graduation

degree of B-Tech. It cannot be construed to be a case of attaining

a higher education subsequently to the appointment as the

appointment process was in mid way. There is a condition Ext.P1

notification that a graduate will not be considered for the post.

This is what probably was the import of fixing the qualification in

Ext.P1. In this view of the matter, I do not think, it is a fit case

where interference is warranted under Article 226 of the

Constitution of India.

Writ petition is dismissed.

Sd/

AMIT RAWAL

JUDGE

Jm/ WP(C).No.22174 OF 2020(V)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.EU/P&A/55/2019,DATED 25.10.2019 TO THE POST OF PLANT ATTENDER GRADE-III,ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE CALL LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ON 14.09.2020.

EXHIBIT P3 TRUE COPY OF THE RANKLIST PUBLISHED BY THE 5TH RESPONDENT,DATED 05.10.2020.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R5(A) TRUE COPY OF THE JUDGEMENT IN WP(C) NO.15529 OF 2020 DATED 17.09.2020.

EXHIBIT R5(B) TRUE COPY OF BYE-LAW OF ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION.

EXHIBIT R5(C) TRUE COPY OF CIRCULAR NO.C1/8822/2019 DATED 08.08.2019 OF THE REGISTRAR OF DAIRY CO- OPERATIVES.

EXHIBIT R5(D) TRUE COPY OF THE NOTICE PUBLISHED IN THE NEWSPAPER DAILIES DATED 10.12.2019.