Kerala High Court

Manu Mohan vs Village Officer on 18 February, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                   WP(C) NO. 1760 OF 2022
PETITIONERS:

    1     MANU MOHAN
          AGED 29 YEARS
          S/O. MOHANAN.K.K., MANU NIVAS, 142/13,
          VILAYANCODE, PAYYANNUR TALUK, KADANNAPPALLI
          VILLAGE, KANNUR DISTRICT,PIN-670 504

    2     MOHANAN.K.K.,
          MANU NIVAS, 142/13, VILAYANCODE, PAYYANNUR TALUK,
          KADANNAPPALLI VILLAGE, KANNUR DISTRICT,PIN-670 504

          BY ADVS.
          M.V.AMARESAN
          S.S.ARAVIND

RESPONDENTS:

    1     VILLAGE OFFICER
          KADANNAPPALLI, KANNUR DISTRICT, PIN-670 306

    2     TAHSILDAR,
          PAYYANJUR, KANNUR DISTRICT,PIN-670 307

    3     SECRETARY,
          KERALA DEVASWOM RECRUITMENT BOARD, 2ND FLOOR,
          DEVASWOM BOARD BUILDING, MAHATMA GANDHI ROAD,
          OPP.GOVT.AYURVEDA COLLEGE, THIRUVANANTHAPURAM,PIN-
          695 001

    4     THE ADMINISTRATOR,
          GURUVAYUR DEVASWOM BOARD, GURUVAYOOR DEVASWOM
          ADMINISTRATIVE OFFICE, SOUTH NADA, EAST NADA,
          GURUVAYUR, THRISSUR, PIN-680 101

    5     RAJITH.A.K.,
          S/O. LATE JAYARAMAKRISHNAN.A., SUKRUTHAM HOUSE,
          THOOVAKKOD P.O., CHEMMANCHERI VIA, KOZHIKODE, PIN-
          673 304
 W.P.(C).No.1760/2022

                             2



ADDL.R6    REVENUE DIVISIONAL OFFICER,
           TALIPARAMBA, REVENUE DIVISIONAL OFFICE, REVENUE
           TOWER, COURT ROAD, TALIPARAMBA P.O, KANNUR
           DISTRICT PIN - 670 141

           [ADDL.R6 IS IMPLEADED AS PER ORDER DATED 15/2/22
           IN I.A:1/22 IN WP(C) 1760/22]
           BY ADVS.
           V.JOHN MANI
           S.JAYANT
           JACKSON JOHNY
           VARGHESE SABU
           SETHULAKSHMI K.K.
           DIANA LAURANCE PAUL

OTHER PRESENT:

           SRI.B.S.SYAMANTAK, GP,
           SRI.T.K.VIPINDAS FOR R4,
           SRI.V.V.NANDAGOPAL NAMBIAR FOR R3


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.1760/2022

                                        3



                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                      W.P.(C).No.1760 of 2022
               ----------------------------------------------
            Dated this the 18th day of February, 2022


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ or orders directing the 1 st respondent to act on Exhibit P7 and to take decision thereon based on the monthly income of the petitioners as on the date of Exhibit P1 notification, within a time frame.

ii. To declare that income status of the petitioner to avail E.W.S reservation for Exhibit P1 recruitment is the income of the petitioners as on the date of Exhibit P1 notification and not the date of petitioner's application for income certificate. iii. To further direct the 1st respondent, not to invalidate/ recall/cancel Exhibit P5 income certificate validly issued by him, till a decision is taken on Exhibit P7.

iv. To direct the respondents No.3 and 4 not to invalidate/recall/cancel Exhibit P4 appointment order issued to the 1st petitioner.

v. To grant such other and further reliefs as this Hon'ble Court may consider just and proper in the facts and circumstances of the case. (SIC) W.P.(C).No.1760/2022

2. Exhibit P1 is a notification issued by 3 rd respondent

for recruitment to various posts in 4th respondent Guruvayur

Devaswam. Exhibit P1 is dated 29.02.2020. The 1 st petitioner

applied for the post of R.M.O. He claimed reservation under

Economically Weaker Section (E.W.S) quota. According to the

petitioners, their monthly income during the period of Ext.P1

notification was Rs.20,219/-. It is the case of the petitioners

that the 1st respondent issued Ext.P5 income certificate

correctly noting the same, but with a slight variation. The 1st

petitioner, after the qualifying written test and interview, was

placed Rank No.1 under E.W.S quota. It is the case of the

petitioners that the 1st petitioner was given advice by the 3rd

respondent and later the 4 th respondent issued Ext.P4

appointment letter. The 5th respondent, who is next to the 1 st

petitioner in Ext.P3 rank list, submitted a complaint before the

1st respondent contending that the petitioners' income exceeds

the limit prescribed for E.W.S reservation and hence Ext.P5

income certificate issued to the 1 st petitioner is wrong and

requested to recall Ext.P5. Based on that, the 2nd respondent

passed Ext.P8 order by which Ext.P5 is recalled. Aggrieved by

Ext.P8, the 1st petitioner filed Ext.P9 before the additional 6th W.P.(C).No.1760/2022

respondent. It is the case of the petitioners that before taking

a decision on Ext.P9, the appointment order issued to the 1 st

petitioner will be cancelled by the Devaswom Authorities.

Hence this writ petition.

3. It is stated that even though the appointment order

is received by the 1st petitioner, he sought time from the

authorities to produce E.W.S. certificate and hence, if final

orders are not passed in Ext.P9 appeal by the 6 th respondent,

there will be irreparable loss to the petitioners.

4. Heard the learned counsel for the petitioners and

the learned Government Pleader. I also heard the learned

counsel for 3rd respondent, learned Standing Counsel for the

4th respondent and also the learned counsel for the 5 th

respondent.

5. It is an admitted fact that as per Ext.P8 order,

Ext.P5 is already recalled. It is also an admitted fact that the

1st petitioner filed Ext.P9 appeal against Ext.P8 order. When

this writ petition came up for consideration on 10.02.2022,

this Court passed an order of status quo till 15.02.2022. The

same was extended on 15.02.2022, till this date. The

grievance of the petitioners is that if the appeal is not W.P.(C).No.1760/2022

considered, the Devaswom authorities will recall the

appointment order issued to the 1st petitioner in the light of

Ext.P8. The learned counsel for the 5 th respondent submitted

that the 5th respondent filed W.P.(C). No.30183 of 2021 and he

has got a grievance against the issuance of appointment order

to the 1st petitioner.

6. Considering the facts and circumstances of the

case, I am of the view that there can be a direction to the

additional 6th respondent to consider Ext.P9 and there can be

a direction to continue the status quo order regarding the

appointment of the 1st petitioner till final orders are passed in

Ext.P9 appeal. The additional 6th respondent will also give an

opportunity of hearing to the 1 st petitioner and the 5th

respondent before passing final orders in the appeal. All the

contentions of the 5th respondent are left open and he can

raise all those contentions in W.P.(C). No. 30183 of 2021.

Therefore, this writ petition is disposed of in the

following manner:

1. The additional 6th respondent is directed to

consider and pass appropriate orders in Ext.P9

in accordance to law, after giving an W.P.(C).No.1760/2022

opportunity of hearing to the 1st petitioner and

the 5th respondent, as expeditiously as

possible, at any rate, within two weeks from

the date of receipt of a copy of this judgment.

2. Till final orders are passed in Ext.P9, the order

of status quo regarding the appointment based

on Ext.P4 will continue.

3. All the contentions of the petitioners and the

5th respondent are left open and they can raise

all their contentions before the additional 6 th

respondent.

sd/-

                                          P.V.KUNHIKRISHNAN
JV                                               JUDGE
 W.P.(C).No.1760/2022




                       APPENDIX OF WPC 1760/2022

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE NOTIFICATION BEARING

NO.583/R1/KDRB/2019 DATED 29.01.2020 ISSUED BY 3RD RESPONDENT Exhibit P2 TRUE COPY OF APPLICATION DATED 21.02.2020 PLACED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF NOTIFICATION DATED 29.10.2021 ISSUED BY 3RD RESPONDENT Exhibit P4 TRUE COPY OF APPOINTMENT LETTER BEARING NO.B1-7661/2014 DATED 3.01.2022 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER Exhibit P5 TRUE COPY OF INCOME CERTIFICATE BEARING N.88/2021 DATED 01.11.2021 ISSUED BY 1ST RESPONDENT TO THE PETITIONERS Exhibit P6 TRUE COPY OF NOTICE BEARING NO.G4-

14196/2021 DATED 03.01.2022 ISSUED BY 1ST RESPONDENT TO THE 2ND RESPONDENT Exhibit P6A TRUE COPY OF REPRESENTATION DATED 06.01.2022 SUBMITTED BY THE 1ST PETITIONER BEFORE 2ND RESPONDENT Exhibit P7 TRUE COPY OF REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE 1ST RESPONDENT DATED 7.1.2022 Exhibit P8 TRUE COPY OF ORDER BEARING NO.G4-