Kerala High Court
Sujeesh P.S vs Registrar, Kerala Veterinary & ... on 3 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 3RD DAY OF DECEMBER 2022 / 12TH AGRAHAYANA,
1944
WP(C) NO. 20344 OF 2013
PETITIONERS:
1 SUJEESH P.S.
S/O.SUNDARAN.P,THANNIPPILLY HOUSE,
POOKKOT DAIRY PROJECT,P.O.LAKKIDI,
VYTHIRI VIA,WAYANAD,PIN-673576.
2 KARTHYAYINI.K.V
POOKKOT DAIRY PROJECT,
P.O.LAKKIDI,WAYANAD.
3 PAITHAL.K.V
POOKKOT DAIRY PROJECT,
P.O.LAKKIDI,WAYANAD.
4 VASUDEVAN.V.C
POOKKOT DAIRY PROJECT,
P.O.LAKKIDI,WAYANAD.
5 BHASKARAN
POOKKOT DAIRY PROJECT,
P.O.LAKKIDI,WAYANAD.
6 GEETHA
W/O.CHANDRAN.P.T,POOKKOT DAIRY
PROJECT,P.O.LAKKIDI,WAYANAD.
BY ADV SRI.P.P.JACOB
RESPONDENTS:
1 REGISTRAR, KERALA VETERINARY & ANIMAL SCIENCES
UNIVERSITY
POOKKOT,LAKKIDI.P.O,WAYANAD,PIN-673576.
2 THE DISTRICT COLLECTOR
WAYANAD,COLLECTORATE,
CIVIL STATION,WAYANAD,PIN-673121.
3 THE REGISTRAR
AGRICULTURAL UNIVERSITY,VELLANIKKARA,
MANNUTHI,THRISSUR-680651.
4 THE DISTRICT LABOUR OFFICER
OFFICE OF THE DISTRICT LABOUR OFFICE,
WP(C)No. 20344 of 2013
2
KALPETTA WAYANAD,PIN-673121.
5 THE GOVERNMENT OF KERALA
REVENUE DEPARTMENT,
SECRETARY TO REVENUE(P)DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
BY ADVS.
SRI.MILLU DANDAPANI,SC,K.V & A.S. UTY
GOVERNMENT PLEADER SRI.ARAVING V.MATHEW
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL
SCIENCES UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No. 20344 of 2013
3
MOHAMMED NIAS. C.P.,J
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WP(C)No. 20344 of 2013
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Dated this the 3rd day of December, 2022
JUDGMENT
The writ petition is filed seeking the following prayers:-
"(i) to issue a writ of mandamus or other writ or other
direction directing the fourth respondent to consider Ext.P7
and to act upon as provided by Ext.P1 Government Order in
the matter of providing employment opportunities to the
petitioners and other tribes in the first respondent.
(ii) to issue a writ of mandamus or other writ or order
directing the fifth respondent Government to implement
Ext.P1 order in the matter of allocation and granting of
priority over the employment opportunities to the petitioners
and other tribal families as per Ext.P1
(iii) issue such other reliefs which may be deem fit and
proper in the facts and circumstance of the above writ
petition."
2. In view of Ext.R1(a) order dated 19.9.2017, the
qualifications and method of appointment of the non-teaching staff
are be in accordance with the Schedule I of the Statute 188 and
that the scale of pay will be fixed by the Government from time to
WP(C)No. 20344 of 2013
time. As per 189 of the Statute, the recruitment to the post on non
teaching staff shall be made by the Kerala Public Service
Commission and the Board of management shall report the
vacancies to the Public Service Commission from time to time.
Hence, the requirements to the vacancies referred in Schedule I
can be done only through the Public Service Commission.
Ext.R1(c) judgment also dealt with the employment given to the
members of those evicted. Details are also furnished. In view of
Exts.R1(a) and R1(c) no prayers as sought for in the writ petition
can be granted and the petitioners have to work out their
remedies in case they have any subsisting grievance.
The writ petition is closed subject to the above.
Sd- MOHAMMED NIAS. C.P.,JUDGE
dlk 3.12.2022
WP(C)No. 20344 of 2013
APPENDIX OF WP(C) 20344/2013
PETITIONERS EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER VIDE
NO.G.O.RT.NO.3643/98/RD ISSUED BY THE FIFTH RESPONDENT
DASTED 13.8.98.
EXHIBIT P2 TRUE PHOTOCOPY OF THE DECISION OF THE
COMMITTEE OF THE POOKKOT DAIRY PROJECT DATED 5.8.98
EXHIBIT P3 TRUE PHOTOCOPY OF THE EXTRACT OF THE MINUTE OF
THE MEETING OF THE SECOND RESPONDENT DATED 8.3.2007
EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE
FIRST RESPONDENT TO ONE VELLAN DATED 17/12/2012
EXHIBIT P5 TRUE PHOTOCOPY OF THE LETTER ISSUED BY VELLAN
TO THE FIRST RESPONDENT DATED 2.9.2012.
EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE
VELLAN TO THE FIRST RESPONDENT DASTED 30.04.2013
EXHIIT P7 TRUE PHOTOCOPY OF THE PETITION FILED BEFORE THE
FOURTH RESPONDENT BY THE PETITIONERS DATED 24.7.2013.
EXHIBIT P8 TRUE PHOTOCOPY OF THE SPECIMENT FROM PUBLISHED
TO SELECT CASUAL WORKERS BY THE FIRST RESPONDENT DATED
NI.
EXHIBIT P9 TRUE PHOTOCOPY OF THE ROTATION LIST PUBLISHED
BY THE FIRST RESPONDENT RELATING TO THE MALE WORKERS
EXHIBIT P10 TRUE PHOTOCOPY OF THE ROTATION LIST PUBLISHED
BY THE FIRST RESPONDENT RELATING TO THE FEMALE WORKERS.
EXHIBIT P11 TRUE PHOTOCOPY OF THE MINUTE OF THE FIRST
RESPONDENT DATED 31.1.2017
EXHIBIT P12 TRUE PHOTOCOPY OF THE MINUTE OF THE MEETING
DATED 27.3.2017 OF THE FIRST RESPONDENT
EXHIBIT P13 TRUE PHOTOCOPY OF THE MINUTE DATED 19.4.2017
OF THE FIRST RESPONDENT
EXHIBIT P14 TRUE PHOTOCOPY OF THE ORDER DATED 11.5.2018
ISSUED FROM HUMAN RIGHTS COMMISSION
WP(C)No. 20344 of 2013
RESPONDENT EXHIBITS
EXHIBIT R1A PHOTOCOPY OF THE LETTER NO. E-148/AHF
-2/17/AD DATED 19-9-2017 OF GOVT. OF KERALA.
EXHIBIT R1 AA PHOTOCOPY OF THE ENGLISH TRANSLATION OF
R1(a).
EXHIBIT R1B PHOTOCOPY OF THE JUDGMENT IN WPC 25125/2006
DATED 24.7.2007.
EXHIBIT R1 C PHOTOCOPY OF THE JUDGMENT IN WPC 3030/2007.
