Udayakumar K vs Union Of India
2021 Latest Caselaw 20820 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                   WP(C) NO. 12732 OF 2021
PETITIONERS:

    1     UDAYAKUMAR K.
          AGED 25 YEARS
          S/O. KRISHNAN V, RESIDING AT KARADIKUNNU HOUSE,
          TARUR P.O, PALAKKAD - 678544, ROLL NO. 9212010605

    2     SANJAY SIVAN
          AGED 23 YEARS
          S/O. SADASIVAN NAIR G, RESIDING AT MAMPATTA
          VAISHNAVAM, KOIKALBAGHAM, KUNNATHUR, PERUVELIKKARA
          P.O, KOLLAM - 691500, ROLL NO. 9204004864

    3     MIDHUN K.G.
          AGED 23 YEARS
          S/O. GANGADHARAN K.N, RESIDING AT KADAKULAM,
          ATHIRATTUKUNNU, POOTHADI, WAYANAD - 673596,
          ROLL NO. 9211012259.

    4     AVINASH RAMACHANDRAN NAIR
          AGED 22 YEARS
          S/O.RAMACHANDRAN NAIR G., RESIDING AT VATTAPARAMPIL
          HOUSE, AYAPARAMPU P.O, ALAPPUZHA - 690517,
          ROLL NO. 9211005001.

    5     VISHNU U
          AGED 23 YEARS
          S/O. UDHAYAKUMAR P, RESIDING AT THEKKEMARIYIL,
          PARUTHIPULLY, PERINGOTTUKURISSI, PALAKKAD - 678573,
          ROLL NO. 9212001596.

    6     GOKUL KRISHNAN
          AGED 24 YEARS
          S/O. KRISHNANKUTTY NAIR, RESIDING AT
          VELLOOPARAMBIL, KUZHIMATTOM P.O, PANACHIKADU,
          KOTTAYAM - 686533,
          ROLL NO. 9204006634.

    7     ASWANTH V.C
 WPC No.12732 of 2021
                               2

            AGED 22 YEARS
            S/O. SURESH BABU V.C. RESIDING AT VALAPPIL,
            CHOLAKKARA HOUSE, CHALIPPARAMP, CHELAMBRA,
            MALAPPURAM - 673634, ROLL NO. 9206007323.

     8      DINEEP V.K
            AGED 26 YEARS
            S/O. KRISHNADAS V.K, RESIDING AT PUTHANVEEDU,
            VELLAPPANA, PERUVEMBA P.O, PALAKKAD - 678531,
            ROLL NO. 9212003758.

     9      SREEHARI S.R.
            AGED 21 YEARS
            S/O. SREEKUMAR M, RESIDING AT SREERAG BHAVAN,
            PARAPPARA, VITHURA P.O, THIRUVANANTHAPURAM -
            695551, ROLL NO.9211015864.

    10      SUDHARSAN R,
            AGED 22 YEARS
            S/O. RAVI V, RESIDING AT MANNAMPARAMBU HOUSE,
            KAVILPAD P.O, OLAVAKKOD, PALAKKAD - 678012, ROLL
            NO. 9212002635.

    11      SALMAN K.S
            AGED 24 YEARS
            S/O. SAKEER HUSSAIN K.M., RESIDING AT KUNJOOR
            HOUSE, PANANGAD THERUVU, PUTHUCODE P.O,
            PALAKKAD - 678687,
            ROLL NO. 9212003502.

    12      ANJU K.M
            AGED 21 YEARS
            D/O. MANIKANDAN K.M, RESIDING AT KAMBARAMKUNNU,
            NADUVATHAPARA, PERINGOTTUKURUSSI,
            PALAKKAD - 678574,
            ROLL NO. 9212010210.

    13      ASWATHI RAJESH
            AGED 23 YEARS
            D/O. RAJESH A.D., RESIDING AT ALAKULATH VALAPPIL,
            NELLIYAD, KUTTUR P.O, KUTTOOR, KANNUR - 670306,
            ROLL NO. 9206019243.

    14      VISMAYA U
            AGED 24 YEARS
            D/O.UNNIKRISHNAN, RESIDING AT MANGALATH HOUSE,
 WPC No.12732 of 2021
                               3

            KALLERI, KANNAMBRA P.O, PALAKKAD - 678686.
            ROLL NO. 9212010817.

    15      ABHIRENJ M.
            AGED 25 YEARS
            S/O. MONY P, RESIDING AT MONYMANGALAM,
            PAVITHRESWARAM P.O, PAVITHRESWARAM,
            KOLLAM - 691507, ROLL NO. 9211018632.

    16      MANIKANDAN P
            AGED 24 YEARS
            S/O. GOVINDAN KUTTY P, RESIDING AT PRASADAM
            HOUSE, KOOLIMUNDA, EDAKKARA, EDAKKARA-NILAMBUR,
            MALAPPURAM - 679331, ROLL NO. 9206006292.

    17      SHAREEF J
            AGED 27 YEARS
            S/O. JAILAVUDHEEN E., RESIDING AT KOUNDATHARA
            HOUSE, VADAVANNUR, VADAVANNUR P.O,
            PALAKKAD - 678504,
            ROLL NO. 9204003187.

    18      SREEJITH U.
            AGED 23 YEARS
            S/O. GOPINADAN U, RESIDING AT UNNATH,
            PATHAIKKARA, PERINTHALMANNA, ERAVIMANGALAM P.O,
            MALAPPURAM - 679340, ROLL NO. 9206020673.

    19      NIKHIL K
            AGED 25 YEARS
            S/O. HARIDASAN K., RESIDING AT KARIYATT,
            PERUMANNA, PERUMANNA P.O, KOZHIKODE - 673019,
            ROLL NO. 9206013886.

    20      ROSHILA K.A
            AGED 26 YEARS
            D/O. ASOKAN K.M, RESIDING AT KOODAKKAYI HOUSE,
            ALAKODE P.O, THALIPARAMBA, KANNUR - 670571,
            ROLL NO. 9206021689.

    21      SYAM A.S
            AGED 21 YEARS
            S/O. SASINDARAN A.K., RESIDING AT AMMUKKARAN
            HOUSE, KELTRON, ATHANI P.O, TRISSUR - 680581,
            ROLL NO. 9212000503.
 WPC No.12732 of 2021
                               4

    22      SIJU K
            AGED 25 YEARS
            S/O. KRISHNANKUTTY V.,
            RESIDING AT SINU BHAVANAM, KOTHAPURAM,
            KARALI JUNCTION P.O, KOLLAM - 690521,
            ROLL NO. 9211015153.

    23      HARIKRISHNAN T.K.
            AGED 23 YEARS
            S/O. PREMAJAN, RESIDING AT THEVARKUNNATH,
            MUTHUVANNACHA P.O., QUILANDY, KOZHIKODE - 673508,
            ROLL NO. 9206007952.

    24      ADARSH M
            AGED 21 YEARS
            S/O. VALSAN V.K, RESIDING AT MULLERIKANDI HOUSE,
            KOLATHUR, CHUZHALI, KANNUR - 670142,
            ROLL NO. 9206024878.

    25      ADHUN S.S.
            AGED 22 YEARS
            S/O. SANKAR NARAYANAN, RESIDING AT ADHUN NIVAS,
            KUNNUMPURAM, AYIRAKUZHY P.O, CHITHARA,
            KOLLAM - 691559, ROLL.NO. 9211013816.

    26      HAREESH B
            AGED 23 YEARS
            S/O. BHASKARAN, RESIDING AT KELATH HOUSE,
            MANNAMPULLY, MATHUR, PALAKKAD - 678571,
            ROLL NO. 9212004391.

    27      SUGANAN K
            AGED 23 YEARS
            S/O. KRISHNAN, RESIDING AT NADUVATHKOLAMBU,
            KARIPPODE, PUDUNAGARAM, PALAKKAD - 678503,
            ROLL NO. 9212010566.

    28      ARJI R. KURUP
            AGED 22 YEARS
            RAJAGOPALA KURUP, RESIDING AT RG NIVAS,
            KANNANKODE, VENJARAMOOD P.O,
            THIRUVANANTHAPURAM - 695607,
            ROLL.NO. 9211007349,

    29      JISHNU O.U.
            AGED 21 YEARS
 WPC No.12732 of 2021
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            S/O. UNNIKRISHNAN O.R, RESIDING AT KRISHNA
            CHAITHANYA, MOZHIKUNNAM, NOCHIPPULLY P.O, MUNDUR,
            PALAKKAD - 678592, ROLL NO. 9212007587.

    30      AMAL SANTHOSH P.V.
            AGED 25 YEARS
            S/O. SANTHOSH KUMAR P.V, RESIDING AT PUTHIYA
            VEETTIL HOUSE, NIDUVALOOR, CHUZHALI P.O,
            KANNUR - 670142, ROLL NO. 9206014213.

    31      SOORAJ S
            AGED 24 YEARS
            S/O. SUNIL KUMAR S, RESIDING AT REJANI NIVAS,
            VETTIYARA P.O, NAVAIKULAM,
            THIRUVANANTHAPURAM - 695603, ROLL NO. 9211012840.

    32      SREEJITH S
            AGED 24 YEARS
            S/O. SIVARAJAN, RESIDING AT VIRUTHI, NENMENI P.O,
            KOLLENGODE, PALAKKAD - 678506,
            ROLL NO. 9212007619.

    33      LAVANYA L
            AGED 20 YEARS
            D/O. LAKSHMANAN K, RESIDING AT PANAMKAD HOUSE,
            KANJIKODE P.O, PUDUSERRY, PALAKKAD - 678621,
            ROLL NO. 9212012538.

    34      ANTO S.S
            AGED 24 YEARS
            S/O. SUNDHARAN N, RESIDING AT A S BHAVAN,
            BTHELPURAM, MALAYINKAVU, CHERIYAKOLLA P.O,
            KUNNATHUKAL, THIRUVANANTHAPURAM - 695504,
            ROLL NO. 9211002903.

    35      ASHARAF A
            AGED 23 YEARS
            S/O. ABDUL JABBAR, RESIDING AT AYYAPPANKADU,
            ERIMAYUR P.O, ERIMAYUR 1, PALAKKAD - 678546,
            ROLL NO. 9212000673.

    36      VISHNU K
            AGED 25 YEARS
            S/O. KRISHNAN A, RESIDING AT KOOTHUPARAMBU HOUSE,
            EDATHARA P.O, PALAKKAD - 678611,
            ROLL NO. 9212008954.
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                               6

    37      AJEEV C
            AGED 26 YEARS
            S/O. CHANDRAN E, RESIDING AT PUTHANVEEDU,
            KOIMARPADAM, KODUVAYUR P.O, PALAKKAD - 678501,
            ROLL NO. 9212008273.

    38      SIJIN R
            AGED 24 YEARS
            S/O. RAJAN K, RESIDING AT THANDARK, THEKKEDESOM
            P.O, NALLEPILLY, PALAKKAD - 678533,
            ROLL NO. 9212004759.

    39      MINTU RAJU
            AGED 25 YEARS
            S/O. RAJU P.S, RESIDING AT AMPATTU, POOTHETHU,
            CHENNEERKARA P.O, PATHANAMTHITTA - 689503,
            ROLL NO. 9211000714.

    40      VINEESH V
            AGED 28 YEARS
            S/O. VELAYUDHAN, RESIDING AT 3/54,
            ELAYABHAGAVATHI KAVU, TATTAMANGALAM, P.O,
            TATTAMANGALAM (PART), PALAKKAD - 678102,
            ROLL NO. 9212000656.

    41      SHAHIN S.H
            AGED 21 YEARS
            S/O. SHIHABUDEEN M, RESIDING AT BLOCK NO. 181,
            VENKOLLA, PERINGAMALA, THIRUVANANTHAPURAM -
            691541, ROLL NO. 9211013211,

    42      SHAMSUDHEEN P.P
            AGED 25 YEARS
            S/O. SAIDALAVI P.P, RESIDING AT PULIKKAPARAMBIL,
            KUTHUKKALLU PARAMBU, ANANTHAVOOR P.O,
            MALAPPURAM - 676301, ROLL NO. 9206012425.

    43      SANTHOSH R
            AGED 25 YEARS
            S/O. RAJAMANICKAN, RESIDING AT THELUNGUTHARA,
            METTUPALAYAM, TATTTAMANGALAM P.O, PALAKKAD -
            678102, ROLL NO. 9212004252.
 WPC No.12732 of 2021
                               7

    44      MURALI M
            AGED 22 YEARS
            S/O. MUTHU R, RESIDING AT CHATHANKULANGARAPARAMBU
            HOUSE, KANNADI P.O, PALAKKAD - 678701, ROLL NO.
            9212012589.

    45      SHINOJ N
            AGED 23 YEARS
            S/O.NIRMALA M.P, RESIDING AT MANATHOOR,
            PULLAYKKODI HOUSE, THALIPARAMBA, KANNUR - 670141,
            ROLL NO. 9206006808.

    46      SAJITHA K
            AGED 29 YEARS
            D/O. KANDAMUTHAN K, RESIDING AT MURUGANODE HOUSE,
            PANAYUR P.O, ATHICODE, POLPULLY, PALAKKAD -
            678552, ROLL NO. 9212012728.

            BY ADVS.
            NAVOD PRASANNAN PATTALI
            K.V.KRISHNAKUMAR

RESPONDENTS:

     1      UNION OF INDIA
            REPRESENTED BY ITS SECRETARY, MINISTRY OF
            PERSONNEL, PUBLIC GRIEVANCE & PENSION, DEPARTMENT
            OF PERSONAL & TRAINING, NORTH BLOCK,
            NEW DELHI - 110001.

     2      MINISTRY OF HOME AFFAIRS
            REPRESENTED BY ITS SECRETARY, NORTH BLOCK,
            NEW DELHI - 110001.

     3      STAFF SELECTION COMMISSION
            REPRESENTED BY ITS REGIONAL DIRECTOR (KKR), 1ST
            FLOOR, "E" WING, KENDRIYA SADAN, KORAMANGALA,
            BENGALURU, KARNATAKA - 560034.

     4      CENTRAL ARMED POLICE FORCES
            REPRESENTED BY JOINT SECRETARY, (COORDINATION &
            INTERNATIONAL COOPERATION), MINISTRY OF HOME
            AFFAIRS, NORTH BLOCK, NEW DELHI - 110001.
 WPC No.12732 of 2021
                                      8

     5       DIRECTORATE GENERAL
             CENTRAL RESERVE POLICE FORCE (RECRUITMENT
             BRANCH), EAST BLOCK - 07, LEVEL -04, SECTOR -01,
             R.K PURAM, NEW DELHI - 110066.

     6       DIRECTOR GENERAL
             BORDER SECURITY FORCE, BLOCK 10, CGO COMPLEX,
             LODHI ROAD, NEW DELHI - 110003.

     7       DIRECTOR GENERAL
             ASSAM RIFLES, HQ DGAR, ASSAM RIFLES, SHILLONG,
             MEGHALAYA - 793002.

     8       ADDITIONAL DIRECTOR GENERAL (MEDICAL)
             CAPF'S , NSG & AR, WEST BLOCK, R.K.PURAM,
             NEW DELHI - 110066.

     9       COMMANDANT
             HQR 162 BN, BORDER SECURITY FORCE, KAINUR CAMP,
             MULAYAM P.O, THRISSUR, KERALA - 680751.

    10       DEPUTY INSPECTOR GENERAL OF POLICE
             GROUP CENTRE, CENTRAL RESERVE POLICE FORCE,
             PALLIPURAM, THIRUVANANTHAPURAM - 695316.

    *11      *ADDL.R11 CENTRAL FORENSIC SCIENCE LABORATORY
             DIRECTORATE OF FORENSIC SCIENCE SERVICES,
             MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA,
             RAMANTHAPUR, HYDERABAD, TELENGANA- 500 013,
             REPRESENTED BY ITS DIRECTOR.
             *IMPLEADED AS ADDL.R11 AS PER ORDER DATED
             10.08.2021 IN I.A.01/2021 IN WP(C)12732/2021

             BY ADV SRI.HARIDAS P.NAIR, CGC

      THIS    WRIT       PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON       06.10.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.12732 of 2021
                                        9




                             JUDGMENT

Dated this the 06th day of October, 2021

The petitioners are some of the successful

candidates in the examination conducted to the post

of Constables for various Police and Armed Forces.

They had cleared all the three stages of recruitment

process which are, the Computer Based Examination

(CBE), followed by the Physical Standard Test,

Physical Efficiency Test and Detailed Medical

Examination (DME). Ext.P1 is the list of candidates

selected from Kerala. Ext.P1 related to 62

candidates, whose results were withheld. Petitioners

are included in that list. Results are withheld due to

technical issues relating to biometric data of the

petitioners. It has been forwarded for forensic

examination. The results are awaited. According to

the petitioners, the biometric data of each candidate

is collected during CBE. Biometric data collected

includes photographs, finger prints, signatures and WPC No.12732 of 2021

Aadhar Card details. It is cross verified when each of

them appears for each stage of selection. In case of

discrepancy at any stage, 10 photographs, 10

signatures, 10 copies of finger prints and handwriting

are taken.

2. The apprehension of the petitioners is that,

after having successfully come out through all the

stages of tests, their appointment is delayed due to

the issue relating to the biometric system. According

to the petitioners, the respondents have even

collected sufficient materials for further cross

verification. According to the learned Counsel for the

petitioners, the persons, who got selected along with

the petitioners regarding whose biometrics there

were no issues, have already commenced training

and have undergone substantial part of it. It seems

that almost every possible steps have been taken to

ensure and confirm the identity of the candidates. It

is true that the respondents need a confirmation in

the biometric process also. However, that alone WPC No.12732 of 2021

cannot stand in the way of the petitioners losing their

chance.

3. The learned CGC opposing the application

contended that, the FSL report is still awaited and the

respondents have to wait till the Forensic Reports are

announced. The learned CGC further contended that

the petitioners if selected, are ultimately expected to

carry out the internal operations and even at the

border sensitive areas. Hence, the appointing

authority cannot take the chance of any error in

identification, will be too risky for the establishment.

4. In the above circumstances, there will be a

direction to respondents to expedite the Forensic

Examination and to address the laboratory to send

the Forensic Reports at the earliest. Pending the

above, respondents shall forthwith initiate process for

issuing appointment orders to each of the petitioners

finally selected. The petitioners shall produce

individual notarised affidavits wherein, each shall

confirm his / her identity and affix the signature and WPC No.12732 of 2021

thumb impression, with reference to their approved

records like Aadhar Card or Passport or Driving

License. They shall affirm that in case of any

impersonation leading to their removal from the

Forces, they will accept it and return all the monetary

or other benefits which they have received,

unconditionally. They shall report at the time and

place as directed in the call letter. Respondents shall

cross check all requisite documents. After satisfactory

confirmation, they shall be appointed provisionally,

subject to FSL Report. The entire process shall be

completed by the respondents at the earliest.

The Writ Petition is disposed of, accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/6-10 WPC No.12732 of 2021

APPENDIX OF WP(C) 12732/2021

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FINAL RESULT DATED 28.01.2021 FOR THE STATE OF KERALA IN CONSTABLES(GD) IN CENTRAL ARMED POLICE FORCES (CAPF'S), NIA & SSF AND RIFLEMAN (GD) IN ASSAM RIFLES (AR) EXAMINATION - 2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20.01.2021 IN WRIT PETITION (CIVIL) NO. 24526 OF 2020 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE LIST - I, OF THE 222 FEMALE CANDIDATES SELECTED AND RECOMMENDED FOR APPOINTMENT BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LIST-II OF THE 1220 MALE CANDIDATES SELECTED AND RECOMMENDED FOR APPOINTMENT BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LIST -III OF THE 8 FEMALE AND 54 MALE CANDIDATES WHOSE RESULTS HAVE BEEN WITHHELD BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 16.04.2021 ISSUED BY THE 2ND RESPONDENT TO THE 7TH AND 8TH RESPONDENTS.

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE