Firos K.V.K vs State Of Kerala
2023 Latest Caselaw 11001 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 35057 OF 2023

PETITIONER :-

           FIROS K.V.K, AGED 46 YEARS
           S/O MOIDEENKUTTY RESIDING AT EROTH HOUSE,
           PUTHUPANAM, VADAKARA, MALAPPURAM DISTRICT, PIN - 673105

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD

RESPONDENTS :-

     1     STATE OF KERALA
           REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
           GOVERNMENT SECRETARIAT, ANNEXE - II,
           THIRUVANANTHAPURAM, PIN - 695001

     2     THE SECRETARY TO GOVERNMENT,
           WATER RESOURCES (WATER SUPPLY C) DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     3     THE SECRETARY TO GOVERNMENT,
           SCIENCE AND TECHNOLOGY, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

     4     THE KERALA WATER AUTHORITY
           REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
           THIRVUANANTHAPURAM, PIN - 695033

     5     THE KERALA PUBLIC SERVICE COMMISSION,
           REPRESENTED BY ITS SECRETARY @ TRIVANDRUM, PATTOM,
           THIRUVANANTHAPURAM, PIN - 695004

           BY SRI.P.M.JOHNY,SC FOR KWA
              SRI.P.C.SASIDHARAN, SC FOR KPSC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
   26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35057 OF 2023
                                                2




                                    JUDGMENT

The petitioner states that he responded to the notification dated

06.07.2012 inviting applications for the post of Lower Division Clerk in the

Kerala Water Authority. He was included in the shortlist. As was intimated

to the petitioner through his profile page, he uploaded all the necessary

documents. However, he was intimated that her application stands

rejected owing to non-submission of the equivalency certificate. However,

based on the request made by the petitioner, he was asked to appear and

produce the necessary documents. He contends that when the

respondents refused to accept her application, he approached the

Government, which obliged the request and issued Exhibit P8 letter

showing the equivalency of her qualification. It is submitted that through

the same was produced before the Commission, the ranked List was

finalized. He asserts that the requirement for the production of any

equivalency certificate was not mentioned in the notification. He asserts

that he has approached the commission and has submitted Exhibit P10

representation requesting his inclusion by adverting to Exhibit P8. It is on

these assertions that this writ petition is filed seeking directions.

2. When the matter is taken up for consideration,

Sri.V.A.Muhammed, the learned counsel appearing for the petitioner, WP(C) NO. 35057 OF 2023

submits that for the time being, the petitioner would be satisfied if

directions are issued to the 5th respondent to take a decision on Ext.P10

adverting to Ext.P8 Government letter.

3. The learned standing counsel submits that if the request is

for consideration of Ext.P10, there cannot be any impediment.

4. Having regard to the facts and circumstances, this writ

petition is disposed of directing the 5th respondent to take up Ext.P10 in

the light of Ext.P8 and take a decision as per procedure and in

accordance with law. Orders shall be passed expeditiously, in any event,

within a period of six weeks from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of the writ petition along

with the judgment before the concerned respondent to ensure

compliance.

This Writ Petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SMA WP(C) NO. 35057 OF 2023

APPENDIX OF WP(C) 35057/2023

PETITIONER EXHIBITS :-

Exhibit P-1 TRUE COPY OF THE B.COM CERTIFICATE OF THE PETITIONER DATED 23.01.2002 ISSUED BY THE UNIVERSITY OF CALICUT

Exhibit P-2 TRUE COPY OF THE M.COM CERTIFICATE OF THE PETITIONER DATED 12.08.2013 ISSUED BY MADHURAI KAMARAJ UNIVERSITY

Exhibit P-3 TRUE COPY OF THE CERTIFICATE IN COMPUTERIZED OFFICE MANAGEMENT WITH INTERNET AND BASICS OF E-COMMERCE ISSUED BY THE STED PROJECT UNDER THE GOVERNMENT OF KERALA SPONSORED BY THE KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION DATED 19.02.2003

Exhibit P-4 TRUE COPY OF THE NOTIFICATION FOR THE POST OF LOWER DIVISION CLERK (CATEGORY NO. 345/2012) IN KERALA WATER AUTHORITY DATED 16.07.2012

Exhibit P-5 TRUE COPY OF THE SCREENSHOT OF THE PROFILE PAGE OF THE PETITIONER IN THE WEBSITE OF KPSC

Exhibit P-6 TRUE COPY OF THE ONE TIME VERIFICATION CERTIFICATE OF THE PETITIONER DATED 21.06.2023

Exhibit P-7 TRUE COPY OF THE SCREENSHOT OF APPLICATION STATUS OF THE PROFILE PAGE OF THE PETITIONER OF THE WEBSITE OF THE KPSC DATED NIL

Exhibit P-8 TRUE COPY OF THE GOVERNMENT LETTER NO.

A1/128/2023-S & TD DATED 15.07.2023

Exhibit P-9 TRUE COPY OF THE RANK LIST FOR THE POST WP(C) NO. 35057 OF 2023

OF LOWER DIVISION CLERK (CATEGORY NO.345/2012) VIDE NO. 588/2023/ER XIV DATED 14.07.2023

Exhibit P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION DATED 04.09.2023