Krishnan A vs Malabar Regional Co-Operative ...
2022 Latest Caselaw 1840 Ker

WP(C) NO. 23155 OF 2021              1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                       WP(C) NO. 23155 OF 2021
PETITIONERS:

    1     KRISHNAN A
          AGED 53 YEARS
          S/O. ARUCHAMI, MANIYATTUKOLUMBU HOUSE, VILAYODI.P.O.,
          CHITOOR,PALAKKAD-678 103

    2     VIJAYARAGHAVAN.C.,
          AGED 45 YEARS
          S/O. CHANDRAN, DURGAPARAMBU VEEDU, VILAYANTHURA P.O.,
          PALAKKAD-678 671

    3     SURESH.K.P.,
          AGED 41 YEARS
          S/O. GANGADHARA MANNADIAR, KULAMBATHU PUTHEN VEEDU,
          PADINJARETHARA, KUTHANOOR P.O., PALAKKAD-678 721

    4     P.C.PRAMOD,
          AGED 41 YEARS
          S/O. CHAAYI, PARAKKAL HOUSE, 'KARIYAMKODE P.O.,
          PALAKKAD-678 572

    5     JAYAPRASAD.V.,
          AGED 44 YEARS
          S/O. PONNUMANI, KALATHIL (H), THARUR P.O., PALAKKAD-
          678 544

    6     SIDHIK.S.
          AGED 52 YEARS
          S/O. SHAHUL HAMEED, PATHANAPURAM , KAVASSERY P.O.,
          PALAKKAD-678 543
 WP(C) NO. 23155 OF 2021          2




    7     BIJU SEBASTIAN,
          AGED 47 YEARS
          D/O. DEVASSIA, VATTAPARAMBIL HOUSE, KARTHIKULAM P.O.,
          WAYANAD-670 646

    8     BUJIMON.C.P.,
          AGED 43 YEARS
          S/O. PAVITHRAN, CHENNAMKUNNEL HOUSE, KARARA P.O.,
          AGALI, PALAKKAD-678 581

    9     SAKKEER.P.H.,
          AGED 39 YEARS
          S/O. HAMZA, PANAKKADEN HOUSE, JELLIPPARA P.O.,
          OMMALA, PALAKKAD-678 581

    10    RAJESH.K.C.
          AGED 33 YEARS
          S/O. CHAMI, KAIPPANCHERIKUNNU HOUSE, CHERAYA P.O.,
          PARASSERY, PALAKKAD-678 631

    11    CHANDRAN.T.R.,
          AGED 53 YEARS
          S/O.RACKANDY, THEKKEKARA HOUSE, PUTHANOOR P.O.,
          MUNDUR, PALAKKAD-678 592

    12    BALAKRISHNAN.R.P.,
          AGED 52 YEARS
          S/O.RAMAN, RAMATHPARAMBIL HOUSE, KARNGALLUR,
          THIRUVALY P.O., MALAPPURAM-676 123

    13    SATHEESH.K.S.,
          AGED 40 YEARS
          S/O.SWAMINATHAN, KALARIKKAL HOUSE, NOCHIPULLI P.O.,
          MUNDUR, PALAKKAD-678 592

    14    SAHARATH.C.,
          AGED 47 YEARS
          S/O.MAMMU, CHUNDYIL HOUSE, AKAMPADAM, ERNAHIMANGAD
 WP(C) NO. 23155 OF 2021          3



          P.O., NILAMBUR, MALAPPURAM-679 329

    15    RAJESH.M.,
          AGED 47 YEARS
          S/O. MALAN, KOLUMBIL VEEDU, KUTHANUR,

          PALAKKAD-678 721

    16    N.K.SOMAN
          AGED 50 YEARS
          S/O. KRISHNAN, KUNNATHU (H), KOONATHARA,

          PALAKKAD-679 523

    17    ANIL KUMAR.P.N.,
          AGED 48 YEARS
          S/O. NARAYANAN, THOZHUTHUPARAMBIL HOUSE, KOONATHARA ,
          PALAKKAD-679 523

    18    REJI EMMANUAL,
          AGED 50 YEARS
          S/O. EMMANUAL, PUTHENPURACKKAL HOUSE, VIJAYAGIRI
          P.O., KAPPIMALA, KANNUR-670 571

    19    AJESH.V.P.,
          AGED 42 YEARS
          S/O. KUNHIRAMAN, PARAVOOR, PANAPPUZHA P.O.,
          MATHAMANGALAM BAZAR, KANNUR-670 306

    20    RAJESH.T.V.
          AGED 42 YEARS
          S/O. NARAYANAN, THAZHATHVALAPPIL HOUSE, ERIAM P.O.,
          KANNUR-670 306

    21    SMITHESH.P.V.,
          AGED 44 YEARS
          S/O. PADMANABHAN NAIR, NAGATH HOUSE, MENHANIAM P.O.,
          PERAMBRA, KOZHIKODE-673 527

    22    SHAJU.P.,
          AGED 44 YEARS
 WP(C) NO. 23155 OF 2021          4



          S/O.VASU P., PULLUKAVIL HOUSE, MUKKAM P.O.,
          KOZHIKODE-673 602

    23    RAMESH KUMAR.K.P.,
          AGED 46 YEARS
          S/O.PADMANABHAN NAIR, KANNANKARA P.O.,CHELANNUR,
          KOZHIKODE-673 616

    24    VINOD KUMAR.V.A
          AGED 41 YEARS
          S/O. ACHUTAN NAIR, VELIYIL HOUSE, THALAYAD P.O.,
          UNNIKULAM, KOZHIKODE-673 574

          BY ADVS.
          ARUN KRISHNA DHAN
          T.K.SANDEEP
          ARJUN SREEDHAR
          ALEX ABRAHAM



RESPONDENTS:

    1     MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION
          LTD
          REP BY ITS MANAGING DIRECTOR, HEAD OFFICE,
          PERINGOLAM, KOZHIKODE-673 571

    2     THE CHAIRMAN,
          MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION
          LTD, HEAD OFFICE, PERINGOLAM, KOZHIKODE-673 571

    3     DEPARTMENT OF DIARY DEVELOPMENT,
          DIRECTORATE OF DIARY DEVELOPMENT, GOVERNMENT OF
          KERALA, REP BY ITS DIRECTOR, PATTOM,
          THIRUVANANTHAPURAM-695 004

    4     CONVENOR,
          RECRUITMENT COMMITTEE, & MANAGING DIRECTOR, KERALA
          CO-OPERATIVE MILK MARKETING FEDERATION (KCMMF), MILMA
          BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004
 WP(C) NO. 23155 OF 2021           5



    5     STATE OF KERALA,
          REP BY ITS SECRETARY, MINISTRY OF DIARY DEVELOPMENT &
          ANIMAL HUSBANDRY, SECRETARIAT,

          THIRUVANANTHAPURAM-695 001

          BY ADVS.
          LATHA ANAND
          GOVERNMENT PLEADER


          SMT LATHA ANAND SC,

          SMT SURYA BINOY, SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23155 OF 2021                              6




                                         JUDGMENT

The petitioners herein are candidates who had appeared for the written test in

the 'Permanent Service Employee/In-service category' for recruitment to the post of

Plant Assistant Gr.III in terms of Ext.P1 notification issued by the Malabar Regional Co-

operative Milk Producers' Union Ltd, the 1st respondent herein. The case of the

petitioners is that 50% of vacancies are reserved for permanent service employees of

the primary societies, namely, Anand Pattern Co-op Milk Societies (APCOS) affiliated to

the 1st respondent who were having three years' regular service in the Society. They

have approached this Court being aggrieved by the refusal on the part of the

respondents in treating the petitioners as 'permanent service employee/ in-service

category' and seeking to include the petitioners who had got themselves qualified in

the written test and to permit them to participate in the skill test and in the

subsequent recruitment process. The relief claimed by them in this writ petition are as

follows:

i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to treat the petitioners as permanent service employee/in-service category and to include the petitioners who have qualified the Written Test to participate in the Skill Test and subsequent recruitment process for recruitment to the post of Plant Assistant-Gr.III in terms of Ext.P1 notification.

ii) Issue any appropriate writ, direction or order restraining the respondents from proceeding with Ext.P1 recruitment process including conducting Skill Test etc without first considering and passing appropriate orders of Exts.P6&P7 representations and after affording adequate opportunity of hearing to the petitioners and in accordance with law.

2. This Court issued an interim order on 27.10.2021 which reads as under:

"This Court on 26.10.2021 considering the grievance of the

petitioner of non inclusion in 'in service category' in the course of

selection process proposed to be carried out pursuant to Ext.P1, issued

notice to the respondents for today. It has been submitted that the

petitioners belong to 2016 category ie., already registered candidates,

and as per Ext.P1 detailed recruitment notification dated 23.02.2021, the

respondents have to carve out separate list for permanently serving

employees of Anand Pattern Co-operative Societies (APCOS) affiliated to

the Malabar Regional Co-operative Milk Producers' Union Ltd., but

unfortunately owing to the technical issues the petitioners have not been

considered in 2016 list or given exemption in the age relaxation as per

clause 4 of the aforementioned notification. Petitioners have already

undergone the process of written test but have not been called for the

skill test listed for tomorrow owing to the apparent lapse of the

respondents.

On the other hand, learned Standing Counsel seeks more time to

file the counter. In this view of the matter and considering the

predicament of the petitioner, I direct the respondents to permit the

petitioner to sit in the skill test under a non-reserved category, without

calling for verification of the certificates, for which will give a separate

undertaking to furnish the same at an appropriate time in view of the

shortage of time. The result of the test would be subject to the outcome

of the petition."

By the above order, the respondents were directed by this Court to permit the

petitioners to sit in the skill test under a non-reserved category without calling

for verification of the certificates.

3. Later, on 02.12.2021, the following order was issued:

"Vide interim order dated 27.10.2021, this Court had directed the

respondent to permit the petitioners to undertake the skill test under

non-reserved category. Learned counsel for the respondent informs the

court that the selection process is still under way. It has been brought to

the notice that the certificates, which were required to be submitted

have been obtained by the petitioner and they will submit at the relevant

point of time ie., as and when they are asked to do so. The respondents

after conducting the selection process would produce the result of the

same, particularly of the petitioner, in a sealed cover, for passing further

orders"

4. When the matter was taken up today, it is submitted by the learned counsel

appearing for the petitioners that the petitioners have already undergone the skill test

and it is submitted that as directed by this Court as and when notice is issued, the

petitioners shall produce their certificates, for which some time may be granted.

5. Sri.Arun Krishna Dhan, the learned counsel appearing for the petitioners,

would point out that while issuing the interim order dated 27.10.2021, this Court had

only permitted the petitioners to participate in the skill test under the non-reserved

category. The learned counsel relying on clause (E) of Ext.P1 submits that 50% of the

vacancies are reserved for the permanent serving employees of the APCOS affiliated to

the 1st respondent provided they have the prescribed qualification and a minimum

regular service of three years in the society and continuing in service as a permanent

employee at the time of certificate/credential verification.

6. The learned Standing Counsel appearing for the respondents 1, 2 and 4

submits on instructions that the apprehension of the petitioners that they will not be

included in the reserved category is misconceived that they are entitled to be included

in the reserved category meant for APCOS if the conditions mentioned in Ext.P1 with

regard to reservation are satisfied. The said submission is recorded.

7. In that view of the matter, nothing remains in the writ petition. I direct the

respondents to conclude the process in terms of the stipulations in Ext.P1. The

petitioners shall on receipt of the notice calling for certificates shall produce the same,

before the respondents who shall accept the same for the purpose of verification. In

order to enable the petitioners, who are residing in far off places, to produce

certificates, the respondents shall ensure that at least 7 days' notice is granted to the

petitioners.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP

APPENDIX OF WP(C) 23155/2021

PETITIONERS' EXHIBITS:

Exhibit P1 A TRUE COPY OF THE RECRUITMENT NOTIFICATION NO.MRU/PER/114/2021 DATED 23.02.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 A TRUE COPY OF THE SERVICE CERTIFICATE DATED 06.05.2017 FOR THE PREVIOUS RECRUITMENT PROCESS OF 2016 ISSUED TO PETITIONER NO.1

Exhibit P2A A TRUE COPY OF THE ADMIT CARD LETTER DATED 31.01.2017 FOR THE PREVIOUS RECRUITMENT PROCESS OF 2016 ISSUED TO PETITIONER NO.1 ALONG WITH TRANSLATION

Exhibit P3 A TRUE COPY OF THE INSTRUCTION FOR ONLINE REGISTRATION FOR 'ALREADY REGISTERED CANDIDATES AS PER 2016 NOTIFICATION' FROM WEBSITE OF THE 1ST RESPONDENT IN 2021

Exhibit P4 A TRUE COPY OF THE PRINT OUT OF THE ONLINE ACKNOWLEDGMENT OF THE APPLICATION OF THE 5TH PETITIONER IN MARCH 2021

Exhibit P5 A TRUE COPY OF THE ADMIT CARD LETTER DATED 30.07.2021 FOR THE WRITTEN TEST HELD ON 14.08.2021 AS PER EXT P1 NOTIFICATION FOR PETITIONER NO.1 ALONG WITH TRANSLATION

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 22.10.2021 SUBMITTED BEFORE THE 2ND

RESPONDENT ALONG WITH TRANSLATION

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 22.10.2021 SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH TRANSLATION

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF THE NOTIFICATION DATED 23.02.2021