Abdul Rafeek K.M vs State Of Kerala
2022 Latest Caselaw 9895 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 28262 OF 2022
PETITIONER:

          ABDUL RAFEEK K.M., AGED 42 YEARS
          S/O.ABDULLA, KAYANOTH HOUSE, PERUVANNAMMOZHI,
          AVADUKKA POST, KOZHIKODE, PIN - 673 528.

          BY ADV E.M.ABDUL KHADER



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
          SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

    2     THE DIRECTOR OF COLLEGIATE EDUCATION
          VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 001.

    3     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
          MANANCHIRA, NEAR H.P.O., KOZHIKODE, PIN - 673 001.

    4     FAROOK COLLEGE
          FAROOK COLLEGE P.O., KOZHIKODE, PIN - 673 632.

    5     THE MANAGER, MANAGEMENT COMMITTEE, FAROOK COLLEGE
          (AUTOMOUS), FAROOK COLLEGE P.O., KOZHIKODE,
          PIN - 673 632.

          PARVATHY K. - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28262 OF 2022
                                     2


                              JUDGMENT

Effectively, what the petitioner requires in this writ

petition is a direction to the Government to grant him

exemption from the upper age limit, for the purpose of

being appointed to one of the available vacancies of Office

Assistant in the services of the "Farook College",

Kozhikode. He says that he has, therefore, preferred

Ext.P7 representation, though conceding that it has been

placed before various other Authorities also.

2. Sri.E.M.Abdul Khadir - learned counsel for the

petitioner, submitted that Ext.P7 will have to be

considered by the Government, since his client's request

is for exemption from age qualification. He added that, in

any event, since no upper age limit is prescribed for non-

teaching staff of private colleges, the Government is the

best Authority to decide his client's claims.

3. Smt.Parvathy K. - learned Government Pleader,

in response, submitted that if the petitioner only requires

Ext.P7 to be decided by the competent Authority of the

Government, she will not stand in the way of appropriate WP(C) NO. 28262 OF 2022

orders being issued; however, praying that this Court may

not make any affirmative declarations as to the

entitlement of the petitioner to any relief and leave it to

the said Authority to take a decision on it in terms of law.

4. Taking note of the afore submissions, I allow this

writ petition to the limit extent of directing the competent

Authority of the Government to take up Ext.P7

representation and dispose of the same, after affording an

opportunity of being heard to the petitioner, as also to the

fifth respondent - Manager of the College; thus

culminating in an appropriate order thereon, as

expeditiously as is possible, but not later than two months

from the date of receipt of a copy of this judgment.

5. Needless to say, I have not expressed any opinion

on the entitlement of the petitioner to any relief and this is

left open to be decided by the Government, while the

afore exercise is completed.

Awaiting the afore, the college will permit the

petitioner to be interviewed as per Ext.P5; however, his

results will not be published and will be kept provisionally,

which shall be then acted upon only subject to the WP(C) NO. 28262 OF 2022

decision to be taken by the Government resultant to the

afore directions.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 28262 OF 2022

APPENDIX OF WP(C) 28262/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PORTION OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER DATED 26/03/1996.

Exhibit P2 A TRUE COPY OF THE NATIONAL TRADE CERTIFICATE OF THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE REQUEST DATED 18/07/2018 SUBMITTED BY THE PETITIONER BEFORE THE MANAGEMENT COMMITTEE OF THE 4TH RESPONDENT COLLEGE.

Exhibit P4 A TRUE COPY OF HE REPLY DATED 25/07/2022 ISSUED TO EXHIBIT P3 BY THE PRINCIPAL OF 4TH RESPONDENT COLLEGE.

Exhibit P5 A TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE 4TH RESPONDENT INVITING APPLICATIONS FROM ELIGIBLE CANDIDATES FOR APPOINTMENT TO 5 POSTS OF OFFICE ATTENDANTS, PUBLISHED IN INDIAN EXPRESS DAILY DATED 06/08/2022.

Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 13/08/2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT IN PURSUANCE TO EXHIBIT P5 NOTIFICATION.

Exhibit P7 A TRUE COPY OF ONE OF SUCH REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, REQUESTING TO APPOINT THE PETITIONER IN ANY OF THE 5 VACANCIES OF OFFICE ASSISTANT AVAILABLE IN THE 4TH RESPONDENT COLLEGE.

Exhibit P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.2158/2021 IN WP(C) NO. 28262 OF 2022

SIMILAR CIRCUMSTANCES, DIRECTING THE MANAGER AND PRINCIPAL OF THE CONCERNED COLLEGE THEREIN TO PERMIT THE PETITIONER THEREIN TO PARTICIPATE IN THE SELECTION PROCESS, SUBJECT TO THE ORDERS TO BE PASSED BY THE 1ST RESPONDENT ON HIS REPRESENTATION.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 18/11/2021 ISSUED BY THE 1ST RESPONDENT GRANTING AGE RELAXATION IN THE MATTER OF APPOINTMENT OF THE PETITIONER IN EXHIBIT P8 JUDGMENT.