Beena vs Union Of India
2021 Latest Caselaw 7217 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                        WP(C).No.5222 OF 2021(C)


PETITIONER/S:

      1         BEENA
                AGED 40 YEARS
                W/O.BHUVANADAS, KARIKKAKATHIL VEEDU, THUDAYANNOOR
                P.O., ITTIVA VILLAGE, KOTTARAKKARA TALUK, KOLLAM
                DISTRICT-691 536.

      2         RAJESH KUMAR.B
                AGED 39 YEARS
                S/O.BABU, BOUNDARIL PUTHENVEEDU, MOOLABOUNDAR,
                THUDAYANNOOR P.O., ITTIVA VILLAGE, KOTTARAKKARA
                TALUK, KOLLAM DISTRICT-691 536.

      3         VISHAKH S.NAIR,
                AGED 31 YEARS
                S/O.SURESH KUMAR, CHARUVILA PUTHEN VEEDU,
                CHARIPPARAMBU P.O., KADAKKAL, ITTIVA VILLAGE,
                KOTTARAKKARA TALUK, KOLLAM DISTRICT-691 536.

                BY ADVS.
                SRI.K.C.SANTHOSHKUMAR
                SMT.K.K.CHANDRALEKHA
                SMT.ANUPAMA JOHNY
                SMT.P.MAYA
                SMT.K.S.SUDHA

RESPONDENT/S:

      1         UNION OF INDIA
                REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES,
                GOVERNMENT OF INDIA, NEW DELHI-110 001.

      2         STATE OF KERALA,
                REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA,
                THIRUVANANTHAPURAM-695 001.

      3         OIL PALM INDIA LIMITED,
                REGD. OFFICE XIV/130, KODIMATHA, KOTTAYAM SOUTH P.O.,
                PIN-686 013, REPRESENTED BY IT CHAIRMAN.

      4         THE SELECTION COMMITTEE,
 WP(C).No.5222 OF 2021

                               2

             OIL PALM INDIA LTD., FIELD WORKERS SECTION, REGD.
             OFFICE XIV/130, KODIMATHA, KOTTAYAM SOUTH P.O.,
             PIN-686 013, REPRESENTED BY ITS CHAIRMAN.


             SSR GP BIJOY CHANDRAN AND ASG P VIJAYAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5222 OF 2021

                                  3




                          JUDGMENT

Dated this the 2nd day of March 2021

This writ petition is filed seeking the following reliefs:-

(i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts. P5 and P6 merit lists and to quash the same declaring that the same is invalid on account of the corrupt practices adopted in the matter of selection as well as the publication.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent No.1 to undertake a detailed enquiry with regard to the finalisation of the procedures pursuant to notification bearing No.OP/PD/2018/5 dated 17.10.2018 issued by the 3 rd respondent.

2. Heard the learned counsel for the petitioner and the

learned standing counsel appearing for the 3 rd and 4th

respondents as well as the learned ASGI and the learned

Government Pleader.

WP(C).No.5222 OF 2021

3. The contention of the petitioners is that the petitioners

who are eligible candidates and who had attended the physical

test and interview for appointment as workers on daily wages in

the 3rd respondent Oil Palm India Ltd. were not included in the

select list, while certain other persons who are named in the writ

petition have been wrongly included even though they have Post

Matriculate qualifications which is a disqualification for

appointment in terms of the notification. It is submitted that the

request of the petitioners for excluding ineligible candidates and

for inclusion of their names in the select list is liable to be

considered by the respondents.

4. The learned standing counsel appearing for

respondents 3 and 4 would submit that in case there are

inclusions made of ineligible candidates, who have not produced

true documents with regard to their qualification, such complaints

will be considered and appropriate steps will be taken against

such persons who had been included in the select list. In case,

the petitioners have a claim that they were liable to be included

in the list, the said claim will also be considered by the WP(C).No.5222 OF 2021

respondents in accordance with law.

In the above view of the matter, I am of the opinion that

this writ petition can be disposed of with a direction that in case

the petitioners approach the 3rd respondent with an appropriate

representation pointing out the ineligibility of any candidate

included in the select list, the said issue will be considered by the

respondents in accordance with law, after hearing the affected

parties also. The claim of the petitioners for inclusion in the list

along with other eligible candidates shall also be considered and

appropriate speaking orders shall be passed by the 3 rd

respondent in accordance with the law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.5222 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION BEARING REF.NO.OP/PD/3156 DATED 19.10.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE INTERVIEW CARD DATED 25.01.2021 ISSUED TO THE 1ST PETITIONER FOR FIELD WORKERS SELECTION (PROVISIONAL) AND TYPED COPY

EXHIBIT P3 TRUE COPY OF THE INTERVIEW CARD DATED 25.01.2021 ISSUED TO THE 2ND PETITIONER FOR FIELD WORKERS SELECTION (PROVISIONAL).

EXHIBIT P4 TRUE COPY OF THE INTERVIEW CARD DATED 25.01.2021 ISSUED TO THE 3RD PETITIONER FOR FIELD WORKERS SELECTION (PROVISIONAL).

EXHIBIT P5 TRUE COPY OF THE MERIT LIST DATED 18.02.2021 ISSUED BY THE MANAGING DIRECTOR, OIL PALM INDIA LTD., KOTTAYAM FOR MALE CANDIDATES.

EXHIBIT P6 TRUE COPY OF THE MERIT LIST DATED 18.02.2021 ISSUED BY THE MANAGING DIRECTOR, OIL PALM INDIA LTD., KOTTAYAM FOR FEMALE CANDIDATES.