Ambily Rajeev vs State Of Kerala
2021 Latest Caselaw 7218 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.3792 OF 2021(Y)
PETITIONER :-

                AMBILY RAJEEV,
                W/O.RAJEEV, PUTHIYAMADAM HOUSE, AYYARKULANGARA,
                VAIKOM P.O., KOTTAYAM - 686 146.

                BY ADVS. SRI.SHAJI THOMAS
                         SRI.JEN JAISON

RESPONDENTS :-

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
                SOCIAL WELFARE (B) DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM DISTRICT - 695 001.

      2         DIRECTOR
                SOCIAL WELFARE DEPARTMENT,
                THIRUVANANTHAPURAM DISTRICT - 695 001.

      3         CHILD DEVELOPMENT PROJECT OFFICER
                INTEGRATED CHILD DEVELOPMENT SCHEME (ICDS),
                CHALLAPRAMBU, VAIKOM P.O.,
                KOTTAYAM DISTRICT - 686 141.

      4         THE CHAIRMAN
                VAIKOM MUNICIPALITY, WEST GATE, W GATE ROAD,
                VAIKOM, KOTTAYAM DISTRICT - 686 141.

      5         MEGHA P.
                KARIYILAMPATTU THARA, VADAKKENADA, VAIKOM,
                KOTTAYAM DISTRICT - 686 141.

      6         LEKHA P.
                KALLUPARAMBIL KAVARAPPADI, THEKKENADA, VAIKOM,
                KOTTAYAM DISTRICT - 686 142.

ADDL. 7         THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT,
                WOMEN AND CHILD DEVELOPMENT DIRCTORATE,
                POOJAPPURA, THIRUVANANTHAPURAM - 695 012.

                ADDITIONAL R7 IS IMPLEADED AS PER ORDER DATED
                2.3.2021 IN I.A.No.1/2021.

                BY SMT.SREEKALA.A, SC FOR VAIKOM MUNCIPALITY

     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.3792 OF 2021(Y)

                                        -: 2 :-


                                    JUDGMENT

Dated this the 2nd day of March, 2021

This writ petition is filed seeking the following reliefs :-

"(i) a writ of certiorari, or any other writ, order or direction quashing Exhibit P3 rank list since the said rank list was prepared by a committee with incompetent persons violating the law laid down by this Hon'ble Court in Ext.P4 judgment.

(ii) a writ of mandamus or any other writ, order or direction commanding the respondents 3 and 4 not to make any appointment to the post of Anganwadi workers in the Vaikom Municipality from Exhibit P3 rank list."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned Standing Counsel

appearing for the 4th respondent Municipality. Having regard to the

directions being issued, notice to respondents 5 and 6 is dispensed

with.

3. The grievance of the petitioner is with regard to Ext.P3

ranked list issued for appointment to the post of Anganwadi worker.

It is submitted that the petitioner has preferred Ext.P5 representation

pointing out the illegalities in the preparation of the list and seeking

inclusion of the petitioner in the list at the appropriate place, taking

note of her eligibility.

4. Having regard to the contentions raised on either side, I

am of the opinion that since Ext.P5 representation has been preferred WP(C).No.3792 OF 2021(Y)

before the 7th respondent, it is for the 7 th respondent to take an

appropriate decision on the same, after hearing the petitioner as well

as any other parties likely to be affected by the orders to be passed.

There will, accordingly, be a direction to the additional 7 th

respondent to take up Ext.P5 representation preferred by the

petitioner and to consider and pass orders on the same with notice to

the petitioner as well as other persons included in the list who are

likely to be affected by the orders to be passed on the representation.

Orders shall be passed after hearing the parties through any

appropriate means including by video conferencing within a period of

two months from the date of receipt of a copy of this judgment. It is

made clear that in case the list is found liable to be revised,

appropriate directions for revising the list, in accordance with law,

shall also be issued and the appointments made will be subject to the

result of the orders to be passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/6.3.2021 WP(C).No.3792 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOY OF THE DOCUMENT CERTIFICATE DATED 6.2.2021 ISSUED BY TEH COUNCILLOR OF WARD 11, VAIKOM MUNICIPALITY.

EXHIBIT P2 TRUE PHOTOCOPY OF THE CALL LETTER FOR INTERVIEW ISSUED BY TEH 3RD RESPONDENT DATED 10.12.2019 TO THE PETITIONER.

EXHIBIT P3 TRUE PHOTOCOPY OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT DATED 27.1.2021.

EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.11.2019 IN WPC NO.24893 OF 2018 REPORTED IN MANU/KE/5229/2019.

EXHIBIT P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.02.2021 SUBMITTED BY THE PETITIONER.

EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)3457/2021 DATED 10.2.2021 OF THIS HON'BLE COURT.

//TRUE COPY//

P.A. TO JUDGE