Saiju. K.J vs State Of Kerala
2023 Latest Caselaw 8174 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                   WP(C) NO. 30614 OF 2021
PETITIONERS:

    1     SAIJU. K.J.
          AGED 41 YEARS
          S/O.JOSEPH, CONTINGENT WORKER (CLR), ALAPPUZHA
          MUNICIPALITY - 688 001 RESIDING AT
          KOLLAPARAMBIL, THUMBOLI P.O.,
          ALAPPUZHA - 688 008.
    2     SUJITH S.
          AGED 38 YEARS
          S/O.N.SASI, CONTINGENT WORKER (CLR), ALAPPUZHA
          MUNICIPALITY - 688 001 RESIDING AT
          KOCHUVELIYIL, PARAVOOR P.O.,
          ALAPPUZHA - 688 014.
    3     SUDHEER H.
          AGED 46 YEARS
          S/O.MOHAMMED ALI, CONTINGENT WORKER (CLR),
          ALAPPUZHA MUNICIPALITY - 688 001 RESIDING AT
          ELANJIPARAMBU, VELLAKKINAR,
          ALAPPUZHA - 688 011.
    4     RIYAS A.
          AGED 32 YEARS
          S/O.ABDUL RASHEED, CONTINGENT WORKER (CLR),
          ALAPPUZHA MUNICIPALITY - 688 001 RESIDING AT
          RIYAS MANZIL, THAIPARAMBIL, CANAL WARD,
          ARATTUVAZHI P.O., ALAPPUZHA - 688 007.
    5     SAIJU UTHAMAN
          AGED 46 YEARS
          S/O.UTHAMAN, CONTINGENT WORKER(CLR), ALAPPUZHA
          MUNICIPALITY - 688 001 RESIDING AT ANCHAL
          CHIRA, PAZHAVEEDU P.O., ALAPPUZHA - 688 009.
          BY ADVS.
          ELVIN PETER P.J.
          K.R.GANESH
          GOURI BALAGOPAL
          ABHIJITH.K.ANIRUDHAN
 WPC 30614/2021
                                    ..2..



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, LOCAL SELF
          GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF URBAN AFFAIRS
          DIRECTORATE OF URBAN AFFAIRS, NANTHANCODU,
          KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.
    3     THE ALAPPUZHA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          ALAPPUZHA - 688 001.
    4     THE SECRETARY
          THE ALAPPUZHA MUNICIPALITY, ALAPPUZHA - 688 001.
          BY ADV Azad Babu R
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2023,      THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 30614/2021
                               ..3..



                           JUDGMENT

The petitioners approached this Court through this writ

petition at a time when they were not allowed to participate in

the interview scheduled by the 3rd respondent - Municipality,

for selection of candidates to the post of Contingent Workers,

solely for the reason that they were not sponsored by the

Employment Exchange.

2. Through an interim order issued by this Court on

23.12.2021, the petitioners were ordered to be interviewed by

the Municipality; and it is now reported before me by its

learned Standing Counsel - Sri.Azad Babu, that this has been

complied with and that they are included in the Rank List.

3. As I have indicated above, the only controversy in

this case is resultant to the stand of the Municipality that they

will only interview persons who are sponsored by the

Employment Exchange and they rely upon certain Government

orders for this purpose.

4. However, it is now well settled without requirement

of restatement - that the prescription, if any, that public posts

will be filled up only through the Employment Exchange, when WPC 30614/2021 ..4..

there is a process of selection mandated, is contrary to the

constitutional mandate and this is unmistakable from the

various judgments of the Hon'ble Supreme Court, including

Yashwant Hari Katakkar v. Union of India & Ors. [(1997) 7

SCC 113], which has been followed by this Court in

Hameshdas.K.H. & Ors v. State of Kerala & Ors. [ILR 2021

(3) KERALA 456].

5. In fact, Sri.Azad Babu - learned Standing Counsel for

the Municipality, submitted that, since the petitioners have

already been included in the Rank List, they are willing to

appoint them, provided this Court permit such. He explained

that he is making this submission because, otherwise, his

client would be found guilty of having violated applicable

Government orders.

6. As I have already said above, law is now settled

that, when a selection process is conducted, it cannot be

confined to only one channel. The Hon'ble Supreme Court has

declared that this would give rise to nepotism and other

vitiating factors.

7. I am, therefore, of the firm view that the earlier

interim order issued by this Court deserves to be confirmed WPC 30614/2021 ..5..

and that the petitioners, subject to their position in the Rank

List, be ordered to be appointed.

In the afore circumstances, I allow this writ petition and

confirm the interim order dated 23.12.2021; consequently,

directing the Municipality to consider the claim of the

petitioners for appointment, depending upon their position in

the Rank List; and issue appropriate orders without any

avoidable delay, but not later than one month from the date of

receipt of a copy of this judgment.

I, however, make it clear that, even though this Court has

now found that inclusion of the petitioners in the selection

process was necessary, it does not mean that they are entitled

to be appointed, which will depend upon their position in the

Rank List.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC 30614/2021 ..6..

APPENDIX OF WP(C) 30614/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 03/02/2020 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 16015/2021 DATED 27/08/2021 OF THIS HON'BLE COURT.

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.E2-

22528/2019 DATED 16/11/2011 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE SAID REQUISITION DATED 25/09/2021 SENT BY THE 4TH RESPONDENT TO THE DISTRICT EMPLOYMENT OFFICER, ALAPPUZHA.

Exhibit P5 TRUE COPY OF JUDGMENT IN WP(C) NO.16239/2019 DATED 21/08/2019 OF THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 18/09/2018 IN WP(C) NO.30618/2018 OF THIS HON'BLE COURT.

Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 22/07/2021 IN WP(C) NO.14857/2021 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF INTERIM ORDER DATED 23/09/2021 IN WP(C) NO.19905/2021 OF THIS HON'BLE COURT.

Exhibit P9 TRUE COPY OF THE MARK SHEETS OF THE PETITIONERS Exhibit P10 TRUE COPY OF THE RELEVANT EXTRACT OF THE MARK SHEET OF THE PERSONS SPONSORED BY THE EMPLOYMENT EXCHANGE IN OPEN CATEGORY Exhibit P11 TRUE COPY OF THE MARK SHEET OF THE CANDIDATES BELONGING TO SCHEDULED CASTE CONVERTED CHRISTIAN CATEGORY Exhibit P12 TRUE COPY OF THE THE MARK SHEET OF THE EWS CATEGORY Exhibit P13 TRUE COPY OF THE MARK LIST OF THE RESERVED CATEGORY OF MUSLIMS WPC 30614/2021 ..7..

Exhibit P14 TRUE COPY OF THE MARK LIST BELONGING TO EZHAVA CATEGORY Exhibit P15 TRUE COPY OF THE MARK LIST OFTHE CATEGORY OF HINDU NADAR PREPARED BY THE SELECTION COMMITTEE Exhibit P16 TRUE COY OF THE RESOLUTION NO. 4 DATED 15.03.2023 OF THE 3RD RESPONDENT MUNICIPALITY RESPONDENT EXHIBITS Exhibit R3 (a) True Copy of Judgment dated 27/08/2021 in WP(C) No. 16015 of 2021 Exhibit R3 (b) True Copy of Government Order G.O.

(Rt) No. 204/2022/LSGD dated 02/02/2022