Jayachandran B vs State Of Kerala
2021 Latest Caselaw 680 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                        WP(C).No.1054 OF 2020(F)


PETITIONER/S:

      1         JAYACHANDRAN B.,
                AGED 45 YEARS
                S/O. BHASKARAN PILLAI, OVERSEER, ELECTRICITY SECTION
                POTHENCODE, THIRUVANANTHAPURAM, RESIDING AT
                KUNCHUVEETHUVILA VEEDU, MURAMEL, NANNATTUKAVE,
                POTHENCODE, P.O. THIRUVANANTHAPURAM 695 584.

      2         ANILKUMAR.S.,
                OVERSEER, ELECTRICITY SECTION CHACKAL,
                THIRUVANANTHAPURAM, RESIDING AT KAVUVILA, CHENNILODE,
                MEDICAL COLLEGE, P.O. THIRUVANANTHAPURAM 695 011.

      3         PRASAD.M.,
                OVERSEER, ELECTRICITY SECTION EDAYUR, PONNANI,
                MALAPPURAM, RESIDING AT VILAYIL VEEDU, CHANGA P.O.
                THIRUVANANTHAPURAM 695 042.

                BY ADVS.
                SMT.SREEDEVI KYLASANATH
                SRI.ACHUTH KYLAS
                SRI.R.MAHESH MENON
                SRI.DEAGO JOHN K
                SHRI.AMAL DEV C.V.

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY, LABOUR AND SKILLS
                DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001.

      2         THE KERALA STATE ELECTRICITY BOARD,
                REPRESENTED BY ITS MANAGING DIRECTOR, VYDYUTHI BHAVAN
                PATTOM, THIRUVANANTHAPURAM 695 004.

      3         THE DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING,
                SHRAM SAKTHI BHAVAN, 2 AND 4 RAFIMARG,
                NEW DELHI 110 001.
 WP(C).No.1054 OF 2020(F)

                                  2

      4      THE DIRECTOR,
             DIRECTORATE OF INDUSTRIAL TRAINING, KERALA STATE
             HOUSING BUILDING, SANTHI NAGAR,
             THIRUVANANTHAPURAM 695 001.

      5      THE TRAINING DIRECTOR,
             INDUSTRIAL TRAINING DEPARTMENT, CHAKKI,
             THIRUVANANTHAPURAM 695 024.

             R1, R4-5 BY GOVERNMENT PLEADER
             R2 BY SRI.M.K.THANKAPPAN, SC, KERALA STATE
             ELECTRICITY BOARD LIMITED
             R3 BY SMT.O.M.SHALINA, CGC

OTHER PRESENT:

             GP - UNNI KAIMAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1054 OF 2020(F)

                                   3



                           JUDGMENT

Dated this the 8th day of January 2021

This writ petition is filed seeking directions to the

respondents to grant the petitioners a chance to appear in

the failed subjects of the All India Trade Test for Wire Man

examination. It is submitted that the respondents are duty

bound to give the petitioners question papers in Malayalam

language so that they can attempt the examinations in the

failed papers.

2. A statement has been placed on record by the

Central Government Counsel. It is submitted that the

petitioners had availed all the six chances and that the

conventional system of training and examination had been

discontinued by the DGT after August 2017. It is

submitted that pursuant to the interim order issued by this

Court for a consideration of the case of the petitioners, the

respondents have decided that a one time relaxation shall

be given in respect of the petitioners by permitting them

to appear in the next AITT examination in annual pattern WP(C).No.1054 OF 2020(F)

as per the new curriculum. It is further submitted that the

petitioners will be provided question papers in Malayalam

language. However, no further chances will be provided to

the petitioners.

In view of the fact that the respondents have

undertaken to provide question papers in Malayalam

language to the petitioners, I am of the opinion that

nothing further requires to be considered in this writ

petition. The writ petition is closed recording the

submission made that the petitioners will be given one

additional chance to appear in the next AITT examination

in the annual pattern and that the question papers will be

provided in the Malayalam language.

Sd/-

                                      ANU SIVARAMAN

   sab                                    JUDGE
 WP(C).No.1054 OF 2020(F)




                           APPENDIX

   PETITIONER'S/S EXHIBITS:

   EXHIBIT P1         TRUE COPY OF LETTER NO. DGE & T

19.04.2011 CD. (PT) DATED 16.07.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE TRAINING MANUAL (APPENDIX VIII , PARA 4A).

EXHIBIT P3 A TRUE COPY OF THE ALL INDIA TRADE TEST EXAMINATION RESULT 2012.

EXHIBIT P3(A) A TRUE COPY OF THE ALL INDIA TRADE TEST EXAMINATION RESULT 2013.

EXHIBIT P4 A TRUE COPY OF THE DETAILS OF MARK OF 2ND PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P5 A TRUE COPY OF THE DETAILS OF MARK ISSUED BY THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, CHACKAL, THIRUVANANTHAPURAM.

EXHIBIT P6 A TRUE COPY OF THE G.O. 749/2019 DATED 26.06.2019.

EXHIBIT P7 A TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P7(A) A TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P8 A TRUE COPY OF REPRESENTATION DATED 17.06.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8(A) A TRUE COPY OF REPRESENTATION DATED 07.07.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. WP(C).No.1054 OF 2020(F)

EXHIBIT P9 A TRUE COPY OF REPRESENTATION DATED 05.07.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P9(A) A TRUE COPY OF REPRESENTATION DATED 05.07.2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED 06.11.2018 OF 3RD RESPONDENT.

EXHIBIT P11 A TRUE COPY OF ORDER DATED 19.07.2016 IN I.A. NO. 11496/2016 IN WPC NO. 7355 OF 2015 OF THIS HONBLE COURT.

EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 08.02.2017 OF THIS HONBLE COURT IN WPC 7355 OF 2015.

EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 08.06.2017 OF THIS HONBLE COURT IN WPC 38237 OF 2016.

EXHIBIT P14 A TRUE COPY OF THE JUDGMENT DATED 31.10.2017 OF THIS HONBLE COURT IN WPC 34651 OF 2017.

EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION DATED 29.12.2014.

EXHIBIT P16 A TRUE COPY OF THE JUDGMENT DATED 17.07.2019 PASSED BY THIS HONBLE COURT IN WPC NO. 19451 OF 2019.

EXHIBIT P17 A TRUE COPY OF THE ORDER NO. MSDE 18015/12/2019 / KERALA TTC DATED 10.12.2019.