Kerala High Court
Sujeesh K vs State Of Kerala on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.1667 OF 2021(G)
PETITIONER:
SUJEESH K.
AGED 34 YEARS
S/O.KRISHNAN K., KOLALITHALA, HOUSE, KARUVANTHIRUTHY
P.O., FEROKE, KOZHIKODE, KERALA-673631.
BY ADV. SMT.MARIAN G.M.THARAKAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LABOUR AND EMPLOYMENT,
THOZHILBHAVAN, VIKASBHAVAN P.O., PATTOOR PMG ROAD,
OPP. KSRTC STAND, UNIVERSITY OF KERALA SENATE HOUSE
CAMPUS, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.
2 KERALA STATE TEXTILE CORPORATION LIMITED (KSTCL),
REPRESENTED BY THE MANAGING DIRECTOR, ANNAPOORNA, TC
9/200-01, KOCHAR ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM, KERALA-695010.
3 MALABAR SPINNING AND WEAVING MILLS,
REPRESENTED BY THE GENERAL MANAGER, P.O. THIRUVANNUR
NADA, KOZHIKODE, KERALA-673029.
R2-3 BY ADV. SRI.P.U.SHAILAJAN
OTHER PRESENT:
BIJOY CHANDRAN GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1667 OF 2021(G)
2
JUDGMENT
Dated this the 26th day of March 2021
This writ petition is filed seeking the following reliefs:-
"i) Issue a writ of Mandamus, order or direction under
Article 226 of the Constitution of India, commanding the 3 rd
respondent to make the selection process transparent and
provide employment to the petitioner if it is deserved on
merits to meet the end of justice.
ii) Issue a writ, order or direction and command the
respondents to ensure that there was equal opportunity of
employment on a level playing field under Article 14, 16
and 309 of the Indian Constitution and that there has been
no discrimination against the petitioner in the selection
process or tampering with marks in the selection process,
wherein candidate with less merit were chosen over the
petitioner."
2. Heard the learned counsel for the petitioner,
learned Government Pleader appearing for the 1 st
respondent and the learned Standing Counsel appearing for
the respondents 2 and 3.
3. It is submitted by the learned counsel for the
WP(C).No.1667 OF 2021(G)
petitioner that the petitioner was an applicant for the post of
Badli Worker (Electrician) under the 3rd respondent Company
and that the petitioner had been successful in the selection
process. It is submitted that, without considering the marks
awarded to the petitioner, certain other persons have been
included in the rank list and had been granted appointments
without considering the petitioner's claim. Pointing out the
petitioner's grievances as against the selection, the
petitioner has preferred Ext.P13 complaint before the
respondents and seeks a consideration of the same.
4. Having heard the learned Standing Counsel also,
there will be a direction to the 3 rd respondent to take up
Ext.P13 complaint preferred by the petitioner and to
consider and pass orders on the same, after hearing the
petitioner through any appropriate means including video
conferencing. Orders shall be passed within a period of one
month from the date of receipt of a copy of this judgment.
The petitioner shall be free to produce documents, which he
requires to be considered by the 3rd respondent, before the
WP(C).No.1667 OF 2021(G)
3rd respondent when notice is issued to him for hearing.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/27.03.2021
WP(C).No.1667 OF 2021(G)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPIES OF THE COMMUNITY
CERTIFICATE ISSUED BY THE KOZHIKODE
TALUK OFFICE DATED 19/07/2017.
EXHIBIT P2 TRUE COPIES OF THE CERTIFICATION ISSUED
BY THE GOVERNMENT INDUSTRIAL TRAINING
INSTITUTE, KOZHIKODE DATED 14/02/2014.
EXHIBIT P3 TRUE COPIES OF THE CERTIFICATION OF
APPRENTICESHIP ISSUED BY STEEL COMPLEX
LIMITED DATED 18/07/2012.
EXHIBIT P4 TRUE COPY OF UNDATED EXPERIENCE
CERTIFICATE ISSUED BY B SMART
ELECTRICAL ENGINEERS AND CONTRACTORS AT
MANJERI, MALAPPURAM.
EXHIBIT P5 TRUE COPY OF APPOINTMENT ORDER ISSUED
BY THE ASSISTANT ENGINEER PWD
ELECTRICAL SECTION NO. III, MEDICAL
COLLEGE, KOZHIKODE ORDER NO.
ES3/ESTT/2017-18 DATED 22/12/2017.
EXHIBIT P6 TRUE COPY OF WORK EXPERIENCE
CERTIFICATE DATED 26/06/2018 ISSUED BY
THE EXECUTIVE ENGINEER, PWD, KOZHIKODE.
EXHIBIT P7 TRUE COPY OF THE ADVERTISEMENT DATED
09/10/2018 CALLING FOR APPOINTMENTS AS
(I) ELECTRICAL (BADLI) WORKER AND (II)
MAINTENANCE (BADLI) WORKER.
EXHIBIT P8 TRUE COPY OF THE 3RD RESPONDENT RECORDS
OF THE EVALUATION OF THE PETITIONER AT
THE WRITTEN EXAM AND VIVA DATED 22ND
FEBRUARY 2019.
EXHIBIT P9 TRUE COPIES OF THE MARKS AWARDED AT THE
INTERVIEW IN THE 1ST SET BY THE
CHAIRMAN KSTCL DATED 8THE JULY 2019.
WP(C).No.1667 OF 2021(G)
EXHIBIT P9(A) TRUE COPY OF THE MARKS AWARDED IN THE
2ND SET AT THE INTERVIEW DATED 8TH JULY
2019.
EXHIBIT P9(B) TRUE COPIES OF THE MARKS AWARDED IN THE
3RD SET AT THE INTERVIEW DATED 8THE
JULY 2019.
EXHIBIT P9(C) TRUE COPY OF THE MARKS AWARDED IN THE
4TH SET AT THE INTERVIEW DATED 8TH JULY
2019.
EXHIBIT P9 (D) TRUE COPY OF MARKS AWARDED IN THE 5TH
SET AT THE INTERVIEW DATED 8TH JULY
2019.
EXHIBIT P9 (E) TRUE COPY OF MARKS AWARDED IN THE 6TH
SET AT THE INTERVIEW DATED 8TH JULY
2019.
EXHIBIT P10 TRUE COPY OF THE RTI APPLICATION DATED
08/10/2020.
EXHIBIT P11 TRUE COPY OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF SHARON.
EXHIBIT P11(A) TRUE COPIES OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF NIDHEESH.
EXHIBIT P11(B) TRUE COPIES OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF DHARMENDRAN.
EXHIBIT P11(C) TRUE COPIES OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF ANOOP.
EXHIBIT P11(D) TRUE COPIES OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF SUJIN N.K.
EXHIBIT P11 (E) TRUE COPIES OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF SARATH.
WP(C).No.1667 OF 2021(G)
EXHIBIT P11(F) TRUE COPIES OF THE EVALUATION BASED ON
WRITTEN PRACTICAL, IDENTIFICATION AND
VIVA TESTS OF BIJU U.K.
EXHIBIT P12 COMPLAINT BY PETITIONER TO THE 3RD
RESPONDENT DATED 09.03.2021
EXHIBIT P13 PRINT OUT OF THE SENT EMAIL RECEIPT
DATED 09.03.2021
EXHIBIT P14 COPY OF THE OBJECTIONS SENT BY SPEED
POST AND THE RECEIPT DATED 10.03.2021
