Kerala High Court
Nils V.G vs Kerala Devaswom Recruitment ... on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Monday, the 12th day of June 2023 / 22nd Jyaishta, 1945
WA NO. 401 OF 2023
AGAINST THE JUDGMENT DATED 15.12.2022 IN WP(C) 2179/2021 OF THIS COURT.
APPELLANT/PETITIONER IN THE WRIT PETITION :
1. NILS V.G., AGED 40 YEARS, SON OF GOPINATHAN, RESIDING AT
VELIYAPARAMBIL HOUSE, KIZHUPPILLIKKARA P.O., THRISSUR, KERALA, PIN -
680702
BY ADVOCATES M/S.REKHA VASUDEVAN, SOYA D.C, P.PRATHYUSHA, ELIZABETH
V.JOSEPH & ROJIT ZACHARIAH
RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:
1. KERALA DEVASWOM RECRUITMENT BOARD, REPRESENTED BY ITS SECRETARY,
TRAVANCORE DEVASWOM BOARD BUILDING, M.G.ROAD, AYURVEDA COLLEGE
JUNCTION, THIRUVANANTHAPURAM, KERALA, PIN - 695001
2. GURUVAYUR DEVASWOM BOARD, REPRESENTED BY ITS ADMINISTRATOR, EAST
NADA, GURUVAYUR, THRISSUR, PIN - 680101
3. VADYA VIDYALAYAM , REPRESENTED BY ITS PRINCIPAL, GURUVAYR DEVASWOM
BOARD, CHAVAKKAD, THRISSUR,KERALA, PIN - 680101
4. SRI.RAJESH KUMAR P., SON OF HARI NARAYANAN, RESIDING AT
MELEKKALATHIL HOUSE, T/142/L10, CHETHALLUR, MANNARKKAD TALUK,
PALAKKAD, KERALA, PIN - 678583
5. SRI.SACHIN SURESH, SON OF SURESH N.V, RESIDING AT NELLISSERY HOUSE,
MADAYIKONAM, MUKUNDAPURAM TALUK, THRISSUR, KERALA, PIN - 680712
6. SRI.PREMDAS V.M., SON OF MOHANDAS, RESIDING AT VALYAMGOTTU, 7 175B,
PACHALIPPURAM, MUKUNDAPURAM TALUK, THRISSUR, KERALA, PIN - 680302
7. SRI.AJITH KUMAR K.C., SON OF CHANDRAMOHANAN, RESIDING AT PAINGODE,
MUKUNDAPURAM TALUK, THRISSUR,KERALA, PIN - 680123
8. KAKKAD VADYAKALA KSHETHRAM, REPRESENTED BY ITS SECRETARY, KAKKAD,
KUNNAMKULAM, THRISSUR, KERALA, PIN - 680503
BY ADVOCATE SRI.VIPIN DAS T.K., SC, FOR R2
BY ADVOCATE SRI.T.C.SURESH MENON FOR R4
BY ADVOCATE SRI. PREMCHAND M. FOR R8
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the impugned judgment dated 15/12/2022 in W.P.(C)
No.2179/2021.
This Writ Appeal again coming on for orders on 12/06/2023 upon
perusing the appeal memorandum and this Court's order dated
02/06/2023, the court on the same day passed the following:
ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
==================
WA 401/ 2023
(Arising out of the judgment dated 15.12.2022 in WP(C) No.2179/2021)
==================
Dated this the 12th day of June, 2023
ORDER
The Registry has reported that notices taken to R6 & R7 in the
Writ Appeal has been returned with the endorsement "Addressee is
not known". From a verification of the original records of the WP(C),
it is seen that R6 & R7 in the WA were arrayed as R6 & R7 in the
WP(C) and notices have been duly served on them at the WP(C)
stage. The addresses of R6 & R7 as shown in this WA is the same as
the one shown in the WP(C). Hence, it is ordered that notices on R6 &
R7 have been duly completed. The Registry has further reported that
notices on all other respondents have been duly served. Service
complete.
2. The Writ Appeal has been formally admitted on
20.02.2023. From the causelist published today, it appears that name
of the Standing Counsel / Counsel for the 1 st respondent Kerala
Devaswom Recruitment Board is not shown. Smt.Rekha Vasudevan,
learned counsel appearing for the appellant submits that
Sri.P.C.Sasidharan, learned counsel was appearing for the 1 st
WA 401/ 2023
- : 2 :-
respondent Devaswom Recruitment Board at the WP(C) stage.
Further, the appellant's counsel submits that copy of the
memorandum of this WA has also been furnished to
Sri.P.C.Sasidharan, learned counsel appearing for R1 Recruitment
Board. The Registry will show the name of Sri.P.C.Sasidharan,
learned counsel appearing for R1 in the causelist.
3. The 1st respondent Kerala Devaswom Recruitment Board
will furnish specific factual instructions to their learned counsel as to
the stand taken by Additional R8 in the affidavit dated 29.011.2022
filed by R8 stating that Ext.R4(b) certificate dated 17.03.2005, is not
one issued by R8 and that R8 has not issued any certificate with the
claim that the institution is one recognized by Kerala Government
and that R8 issues certificates only in the format as per Ext.R8(b). In
that context, counsel for the appellant would point out that by virtue
of the terms and conditions of Ext.P2 selection notification dated
18.03.2020, (see page 75 of the paper book of the appeal), Clause V
thereof, it has been stipulated that for the notified post of Teacher
Kurumkuzhal (Vadya Vidyalayam), experience of 5 years as
Kurumkuzhal Artist is required and that experience in that regard
should have been acquired from an approved institution. So also
WA 401/ 2023
- : 3 :-
Sri.T.K.Vipindas, learned standing counsel for the respondent
Guruvayoor Devaswom Board will also get instructions from his party
as to whether the direction of the learned Single Judge to conduct
enquiry regarding the validity of Ext.R4(b) certificate has been duly
conducted and whether the outcome thereof has been duly intimated
by the respondent Guruvayoor Devaswom Board to the 1 st respondent
Kerala Devaswom Recruitment Board etc.
List the case on 30.06.2023.
Handover to both sides.
sd/-
ALEXANDER THOMAS, JUDGE
sd/-
C. JAYACHANDRAN, JUDGE
Nsd
