Kerala High Court
Shyju vs State Of Kerala on 6 February, 2024
1
WPC 25418, 25602, 28539 & 35716/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 25418 OF 2022
PETITIONER/S:
1 MAITHILI AGED 43 YEARS D/O. DAMODARAN, CHERANDA
HOUSE, PURATHUR P.O.,MALAPPURAM DISTRICT, PIN -
676102
2 BEENA AGED 48 YEARS D/O. C. KUTTAN CHANAYIL HOUSE,
TRIPRANGODE P.O., ALATHIYOOR, MALAPPURAM DISTRICT,
PIN - 676108
3 SREEMU T.P AGED 45 YEARS D/O. KORAN,
THALUKATTUPARAMBIL, NIRAMARUTHUR P.O.,TIRUR,
MALAPPURAM DISTRICT, PIN - 676109
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY., PIN - 676302
2 THE SECRETARY TANUR MUNICIPALITY, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
3 TANUR MUNICIPAL COUNCIL TANUR MUNICIPALITY, TANUR
P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS
CHAIRMAN., PIN - 676302
4 SHAMSUDHEEN.K S/O. MOHAMMED ABDUL KADER,
KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
5 SHAMSUDHEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE,
PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM
DISTRICT, PIN - 676302
6 IRSHAD K.P. S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
2
WPC 25418, 25602, 28539 & 35716/22
7 VISHAKHAN.T S/O. SEKHARAN, TAILAPARAMBIL HOUSE,
CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302
8 RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL
HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
9 NAJUMU.M W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
10 VINEESH.P PERALIPATTU HOUSE, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
11 ANOOP KUMAR.V VARIYATH KALATHINGAL HOUSE, TANUR
P.O., MALAPPURAM DISTRICT, PIN - 676302
12 NARAYANAN KUTTY.T S/O. APPUKUTTY, THARAYIL HOUSE,
NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676303
13 IBRAHIM.K S/O. MOIDEENKUTTY, KALATHIL HOUSE, TANUR
POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM
DISTRICT, PIN - 676302
14 SUNITHA KUMARI.S POOKKAYIL BAZAR, POOKKAYIL P.O.,
TIRUR, MALAPPURAM DISTRICT, PIN - 676107
15 RENUKA K.V PULIYERI HOUSE, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
16 BINDULEKHA .R CHITHRALAYAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
17 VASU C.T CHAMMEL THARAMMAL HOUSE, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
18 REJULA E.K. KAPPIKUNNUMMAL HOUSE, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
BY ADVS. HARISH R. MENON, SC, TANUR MUNICIPALITY
ELVIN PETER P.J. Premsankar R K.R.GANESH GOURI
BALAGOPAL ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S. ANU
JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C).28539/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC 25418, 25602, 28539 & 35716/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 28539 OF 2022
PETITIONER/S:
1 SHYJU AGED 39 YEARS S/O. PERUNDAN VYDYAN, MANAMMEL
HOUSE, PANANGATTUR P.O., TANUR, MALAPPURAM
DISTRICT, PIN - 676302
2 SAJEESH AGED 39 YEARS S/O. SOMASUNDARAN,
PULIKKAPATTU HOUSE, OZHUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
3 SHEEBA AGED 41 YEARS W/O. RAJESH KUMAR, KURUKKANARI
HOUSE, PARIYAPURAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
4 SUMESH AGED 39 YEARS S/O. SHANMUKHAN V.,
AREEPARAMBIL HOUSE, PARIYAPURAM, EAST MUKKOLA,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE,
TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101
3 TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY., PIN - 676302
4 THE SECREATRY TANUR MUNICIPALITY, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
5 TANUR MUNICIPAL COUNSEL TANUR MUNICIPALITY, TANUR
P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS
CHAIRMAN., PIN - 676302
4
WPC 25418, 25602, 28539 & 35716/22
6 SHAMSUDHEEN.K S/O. MOHAMMED ABDUL KADER,
KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
7 SHAMSUDHEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE,
PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM
DISTRICT, PIN - 676302
8 IRSHAD K.P S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
9 VAISAKHAN S/O. SEKHARAN, TAILAPARAMBIL HOUSE,
CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302
10 RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL
HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
11 NAJUMU .M W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
12 NARAYANAKUTTY.T S/O. APPUKUTTY, THARAYIL HOUSE,
NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676303
13 IBRAHIM.K S/O. MOIDEENKUTTY, KALATHIL HOUSE, TANUR
POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM
DISTRICT, PIN - 676302
BY ADVS. HARISH R. MENON, SC, TANUR MUNICIPALITY
ELVIN PETER P.J. K.R.GANESH GOURI BALAGOPAL
ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S. ANU JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C).25418/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
WPC 25418, 25602, 28539 & 35716/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 25602 OF 2022
PETITIONER/S:
1 DEENADAYAL AGED 48 YEARS S/O. GANAPATHY,
MEERASADANAM HOUSE, KATTILANGADY, TANUR P.O.,
MALAPPURAM DISTRICT., PIN - 676302
2 MUKESH V.P. AGED 33 YEARS S/O. VASUDEVAN,
VALIYAPARAMBIL HOUSE, KATTILANGADY, TANUR P.O.,
MALAPPURAM DISTRICT., PIN - 676302
BY ADVS. C.M.MOHAMMED IQUABAL RAIHANATH T.H.
RESPONDENT/S:
1 TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 676302
2 THE SECRETARY TANUR MUNICIPALITY, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
3 TANUR MUNICIPAL COUNCIL TANUR MUNICIPALITY, TANUR
P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS
CHAIRMAN, PIN - 676302
4 SHAMSUDEEN K. S/O. MOHAMMED ABDUL KADER,
KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
5 SHAMSUDEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE,
PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM
DISTRICT, PIN - 676302
6 IRSHAD K.P. S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
7 VISAKHAN T. S/O. SEKHARAN, TAILAPARAMBIL HOUSE,
CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302
8 RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL
HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
6
WPC 25418, 25602, 28539 & 35716/22
9 NAJUMU M. W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
10 VINEESH P. PERALIPATTU HOUSE, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
11 ANOOP KUMAR V. VARIYATH KALATHINGAL HOUSE, TANUR
P.O., MALAPPURAM DISTRICT, PIN - 676302
12 NARAYANANKUTTY T. S/O. APPUKUTTY, THARAYIL HOUSE,
NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676303
13 IBRAHIM K. S/O. MOIDEENKUTTY, KALATHIL HOUSE,
TANUR POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM
DISTRICT, PIN - 676302
14 SUNITHA KUMARI S. POOKKAYIL BAZAR, POOKKAYIL P.O.,
TIRUR, MALAPPURAM DISTRICT, PIN - 676107
15 RENUKA K.V. PULIYERI HOUSE, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
16 BINDULEKHA R CHITHRALAYAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
17 VASU C.T. CHAMMEL THARAMMAL HOUSE, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
18 REJULA E.K. KAPPIKUNNUMMAL HOUSE, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
BY ADV HARISH R. MENON, SC, TANUR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C).25418/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
WPC 25418, 25602, 28539 & 35716/22
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 35716 OF 2022
PETITIONER/S:
BINDHU.N.V AGED 40 YEARS W/O. SURESH, NAYAR VEETTIL,
TRITHALLUR, PURATHUR, PRESENTLY RESIDING AT
THEKKEPURATH HOUSE, SCHOOLPADY, PARIYAPURAM P.O.,
TANUR, MALAPPURAM DISTRICT, PIN - 676302
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE,
TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101
3 TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY., PIN - 676302
4 THE SECRETARY TANUR MUNICIPALITY, TANUR P.O.,
MALAPPURAM DISTRICT, PIN - 676302
5 TANUR MUNICIPAL COUNCIL TANUR MUNICIPALITY, TANUR
P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS
CHAIRMAN., PIN - 676302
6 SHAMSUDEEN.K S/O. MOHAMMED ABDUL KADER,
KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
7 SHAMSUDEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE,
PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM
DISTRICT, PIN - 676302
8 IRSHAD K.P. S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
9 VISAKHAN .T S/O. SEKHARAN, TAILAPARAMBIL HOUSE,
CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302
8
WPC 25418, 25602, 28539 & 35716/22
10 RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL
HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM
DISTRICT, PIN - 676302
11 NAJUMU.M W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE,
TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302
12 NARAYANANKUTTY.T S/O. APPUKUTTY,THARAYIL HOUSE,
NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT,
PIN - 676303
13 IBRAHIM .K S/O. MOIDEENKUTTY, KALATHIL HOUSE,
TANUR POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM
DISTRICT, PIN - 676302
BY ADV HARISH R. MENON, SC, TANUR MUNICIPALITY
OTHER PRESENT:
ADV K. R GANESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, ALONG WITH WP(C).25418/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
9
WPC 25418, 25602, 28539 & 35716/22
JUDGMENT
(Dated this the 6th day of February 2024)
[WP(C) Nos.25418/2022, 28539/2022, 25602/2022 and 35716/2022]
All these Writ Petitions were heard together and disposed
of by a common judgment since the issues arising in all these
Petitions are one and the same.
2. For a proper consideration of the Writ Petitions, the
facts in W.P.(C) 25418 of 2022, are stated below:
The petitioners in W.P.(C) Nos. 25602 and 25418 of
2022 are working as contingent sanitary workers in the 1st
respondent municipality for the last so many years. The
petitioners in W.P.(C) Nos.28539 and 35716 of 2022 are
sponsored by the Employment Exchange to the 3rd respondent
Municipality to the post of sanitation works. They were
sponsored by the Employment Exchange on the request of the
3rd respondent Municipality.
WPC 25418, 25602, 28539 & 35716/22
3. As far as the petitioners in the W.P.(C) Nos.25418 and
25602 of 2022 are concerned they approached this court by
filing W.P.(C) Nos. 22050 of 2022 as well as 22050 of 2022
and this court by Ext.P8 judgment disposed of the Petitions as
follows:
"Having considered the contentions advanced and in view of
the fact that the petitioners are admittedly working as
contingent sanitary workers in the Municipality, I am of the
opinion that they should also be considered for appointment
to the post of permanent sanitary workers in the
Municipality."
In the above view of matter, there will be a direction to the
respondents to permit the petitioners also to participate in the
selection process and in case they are found suitable, their
claim for appointment shall also be duly considered. "
4. Pursuant to the directions of this court, all the
petitioners in the Petitions were allowed to participate in the
selection process and Ext.P11 rank list was drawn which
includes a separate list of the persons who have been allowed
as per the directions of this court. On the basis of
Ext.P11, Ext.P10 minutes was approved by the
WPC 25418, 25602, 28539 & 35716/22
Municipality. Therefore, the petitioners approached this court
for quashing Ext.P10 Minutes of the Municipality and for a
direction to permit the petitioners to continue in service and to
take steps for regularisation in service.
5. A counter affidavit is filed by respondent Nos.1 to 3,
denying all the contentions raised in the Writ Petitions. It was
contended that the petitioners have no locus standi to file the
petition. It is true that they have approached this court and
obtained orders seeking direction to these respondents to allow
them to participate in the selection process. In compliance with
the directions, they were allotted to participate in the interview
on 21st to 23rd July 2022. The selection committee consists
of the Chairman of the Municipal Council, the Standing
Committee Chairman, the Secretary, and the Health
Inspector. Out of 118 participants 15 persons were selected by
the selection committee based on their experience, native
resident, physical fitness, financial status (APL or BPL),
WPC 25418, 25602, 28539 & 35716/22
literary etc. The committee strictly followed the principles of
natural justice and through a transparent process, the rank list
was drawn. There is no bias or arbitrariness in the selection
process. A rank list was drawn for the general category as well
as Muslim, EWS, ETB, Ezhava, SIUC, Nadar OBC, Dhivara,
SC, STB, and also those who obtained orders from this court.
6. A counter affidavit is filed on behalf of respondent
Nos.10, 11, and 14 to 18.
7. The primary contention raised by the petitioners is that
though this court permitted the petitioners in WPC Nos.25418
and 25602 of 2022, the respondents 4 to 18 who have obtained
orders from this court as per Ext.P9, were included in the rank
list and none of the petitioners were included, which shows that
the selection was not transparent. The persons who were
sponsored by the Employment Exchange were also not
WPC 25418, 25602, 28539 & 35716/22
included in the rank list except for few persons in order to fulfill
the required communal reservation.
8. It is to be noted that the petitioners have only
challenged the decision of the Municipality and not the rank
list. Ext.P11 rank list is drawn up after a selection process by
giving marks to each of the candidates which is evident from
the rank list itself. The selection was conducted by a selection
committee which consisted of 5 persons. The committee
evaluated each of the candidates and awarded marks, and
Ext.P11 rank list was drawn. Unless and until the rank list is
challenged, these petitions cannot be sustained. The contention
raised by the petitioners is that the seniority of the petitioners
who were working in the Municipality was not given
weightage.
9. The counsel for the respondents relied on paragraph
No.18 of the judgment of the apex court in State of Orissa and
WPC 25418, 25602, 28539 & 35716/22
another v. Mamata Mohanty (2011 KHC 4118), which reads
as follows:
"18. APPOINTMENT / EMPLOYMENT WITHOUT
ADVERTISEMENT:
At one time this Court had been of the view that calling
the names from employment Exchange would curb to
certain extent the menace of nepotism and corruption in
public employment. But, later on, came to the conclusion
that some appropriate method consistent with the
requirements of Art. 16 should be followed. In other words
there must be a notice published in the appropriate manner
calling for applications and all those who apply in
response thereto should be considered fairly. Even if the
names of candidates are requisitioned from Employment
Exchange, in addition thereto it is mandatory on the part
of the employer to invite applications from all eligible
candidates from the open market by advertising the
vacancies in newspapers having wide circulation or by
announcement in Radio and Television as merely calling
the names from the Employment Exchange does not meet
the requirement of the said Article of the Constitution.
(Vide: Delhi Development Horticulture Employees'
Union v. Delhi Administration, Delhi and Others, AIR
1992 SC 789; State of Haryana and Others v. Piara Singh
and Others, AIR 1992 SC 2130; Excise Superintendent
Malkapatnam, Krishna District, A. P. v. K.B.N.
Visweshwara Rao and Others, 1996 (6) SCC 216; Arun
Tewari and Others v. Zila Mansavi Shikshak Sangh and
Others, AIR 1998 SC 331; Binod Kumar Gupta and Others
v. Ram Ashray Mahoto and Others, AIR 2005 SC 2103;
National Fertilizers Ltd. and Others v. Somvir Singh, AIR
2006 SC 2319; Telecom District Manager and Others v.
Keshab Deb, 2008 (8) SCC 402; State of Bihar v. Upendra
Narayan Singh and Others, 2009 (5) SCC 65; and State of
Madhya Pradesh and Another v. Mohd. Ibrahim, 2009 (15)
SCC 214)."
WPC 25418, 25602, 28539 & 35716/22
10. It was held Tajvir Singh Sodhi v. State (UT of
J&K), (2023 SCC online SC 344) as follows.
66. Thus, the inexorable conclusion that can be drawn is
that it is not within the domain of the Courts, exercising the
power of judicial review, to enter into the merits of a
selection process, a task which is the prerogative of and is
within the expert domain of a Selection Committee, subject
of course to a caveat that if there are proven allegations of
malfeasance or violations of statutory rules, only in such
cases of inherent arbitrariness, can the Courts intervene.
67. Thus, Courts while exercising the power of judicial
review cannot step into the shoes of the Selection
Committee or assume an appellate role to examine whether
the marks awarded by the Selection Committee in the viva-
voce are excessive and not corresponding to their
performance in such test. Xxxxxx xxxxxx
68. xxxxxxxxxxxxx
69. It is therefore trite that candidates, having taken
part in the selection process without any demur or protest,
cannot challenge the same after having been declared
unsuccessful. The candidates cannot approbate and
reprobate at the same time. In other words, simply because
the result of the selection process is not palatable to a
candidate, he cannot allege that the process of interview
was unfair or that there was some lacuna in the process.
Therefore, we find that the writ petitioners in these cases,
could not have questioned before a Court of law, the
rationale behind recasting the selection criteria, as they
WPC 25418, 25602, 28539 & 35716/22
willingly took part in the selection process even after the
criteria had been so recast. Their candidature was not
withdrawn in light of the amended criteria. A challenge
was thrown against the same only after they had been
declared unsuccessful in the selection process, at which
stage, the challenge ought not to have been entertained in
light of the principle of waiver and acquiescence.
xxxxxxxxxxxx.
Xxxxxxxxx
Xxxxxxxx
86. This Court has upheld the legitimacy of conducting
interviews as a part of a selection process, even where
marks earmarked for the same has been found to be prima-
facie excessive, vide Minor A. Peeriakaruppan v. State of
Tamil Nadu, (1971) 1 SCC 38; Miss Nishi Maghu v. State
of J & K, (1980) 4 SCC 95.
87. This Court in Lila Dhar v. State of Rajasthan,
(1981) 4 SCC 159 : AIR 1981 SC 1777 made the
following pertinent observations as to the importance of a
viva-voce or interview in a selection process:
"It is now well recognised that while a
written examination assesses a candidate's
knowledge and intellectual ability, an
interview test is valuable to assess a
candidate's overall intellectual and personal
qualities. While a written examination has
certain distinct advantage over the interview
test there are yet no written tests which can
evaluate a candidate's initiative, alertness,
resourcefulness, dependableness,
WPC 25418, 25602, 28539 & 35716/22
cooperativeness, capacity for clear and logical
presentation, effectiveness, in discussion,
effectiveness in meeting and dealing with
others, adaptability, judgment, ability to make
decision, ability to lead, intellectual and moral
integrity. Some of these qualities may be
evaluated, perhaps with some degree of error,
by an interview test, much depending on the
Constitution of the interview Board."
88. The criteria for evaluation of a candidate's
performance in an interview may be diverse and some
of it may be subjective. However, having submitted to
the interview process with no demur or protest, the
same cannot be challenged subsequently simply
because the candidate's personal evaluation of his
performance was higher than the marks awarded by the
panel. XXXXX
Therefore, it is a settled proposition of law that this court
cannot substitute the wisdom in awarding the marks to the
candidates who were unsuccessful in the Ext.P11 rank
list. Accordingly, these Writ Petitions are only to be dismissed
and ordered so.
Sd/-BASANT BALAJI
JUDGE
dl/
WPC 25418, 25602, 28539 & 35716/22
APPENDIX OF WP(C) 28539/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE IDENTITY CARD OF THE 3RD
PETITIONER DATED 02.03.2020
Exhibit TRUE COPY OF THE IDENTITY CARD OF THE 4TH
P1(a) PETITIONER DATED 12.12.2002
Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY 2ND
RESPONDENT DATED 12.05.2022
Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE
MUNICIPALITY TO THE 1ST PETITIONER DATED
17.06.2022
Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE
P3(a) MUNICIPALITY TO THE 2ND PETITIONER DATED
17.06.2022
Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE
P3(b) MUNICIPALITY TO THE 3RD PETITIONER DATED
17.06.2022
Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE
P3(c) MUNICIPALITY TO THE 4TH PETITIONER DATED
17.06.2022
Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.
23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE
DECISION OF THE 5TH RESPONDENT DATED 03.08.2022
Exhibit P6 THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW
TABULATION CHART AND RANK LIST
Exhibit P7 THE TRUE COPY OF THE CIRCULAR OF THE 1ST
RESPONDENT DATED 08.07.2022
RESPONDENT EXHIBITS
WPC 25418, 25602, 28539 & 35716/22
Exhibit R6A TRUE PHOTOCOPY OF THE ORDER NO.H1-10266/17 DATED
15.12.2017 ISSUED BY THE 3RD RESPONDENT
MUNICIPALITY.
Exhibit R6 B TRUE PHOTOCOPY OF THE NOTE DATED 8.4.2021 ISSUED
BY THE HEALTH INSPECTOR GRADE-1 OF THE 3RD
RESPONDENT MUNICIPALITY.
Exhibit R6 C TRUE PHOTOCOPY OF THE ORDER DATE 31.1.2020
ISSUED BY THE CHAIRPERSON OF THE 3RD RESPONDENT
MUNICIPALITY.
Exhibit R6 D TRUE PHOTOCOPY OF THE RESOLUTION NO.1 DATED
28.6.2021 OF THE 3RD RESPONDENT MUNICIPALITY.
Exhibit R6 E TRUE PHOTOCOPY OF THE COMMUNICATION DATED
19.4.2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND
RESPONDENT.
Exhibit R6 F TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.8.2019
IN WPC NO.16239/2019 OF THIS HON'BLE COURT.
WPC 25418, 25602, 28539 & 35716/22
APPENDIX OF WP(C) 25602/2022
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE
MUNICIPALITY TO THE 1ST PETITIONER DATED
23.06.2022
Exhibit-P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE
MUNICIPALITY TO THE 2ND PETITIONER DATED
23.06.2022
Exhibit-P3 THE TRUE COPY OF THE IDENTITY CARD OF THE 2ND
PETITIONER ISSUED BY THE 1ST RESPONDENT
Exhibit-P4 THE TRUE COPY OF THE IDENTITY CARD ISSUED BY
TIRUR EMPLOYMENT EXCHANGE TO THE 1ST PETITIONER
Exhibit-P5 THE TRUE COPY OF THE IDENTITY CARD ISSUED BY
TIRUR EMPLOYMENT EXCHANGE TO THE 2ND PETITIONER
Exhibit-P6 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE
MUNICIPALITY TO ONE VINOD KUMAR P., S/O.
SUBRAMANIYAN DATED 17.06.2022
Exhibit-P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED
27.06.2022
Exhibit-P8 THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.
22050/2022 OF THIS HON'BLE COURT DATED 07.07.2022
Exhibit-P9 THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.
23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022
Exhibit10 THE TRUE COPY OF THE DECISION OF 3RD RESPONDENT
DATED 03.08.2022
ExhibitP11 THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW
TABULATION CHART AND RANK LI
RESPONDENT EXHIBITS
Exhibit A TRUE COPY OF THE DECISION NO.12 DATED
R1(a) 03/03/2022 OF THE MUNICIPAL COUNCIL OF TANUR
MUNICIPALITY.
Exhibit THE TRUE COPY OF THE PROCEEDINGS, APPOINTING
R1(b) SELECTION COMMITTEE MEMBERS.
WPC 25418, 25602, 28539 & 35716/22
APPENDIX OF WP(C) 35716/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED BY 2ND
RESPONDENT DATED 12.05.2022
Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE
MUNICIPALITY TO THE PETITIONER DATED 17.06.2022
Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.
23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022
Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES OF THE
DECISION OF THE 5TH RESPONDENT DATED 03.08.2022
Exhibit P5 THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW
TABULATION CHART AND RANK LIST
Exhibit P6 THE TRUE COPY OF THE CIRCULAR OF THE 1ST
RESPONDENT DATED 08.07.2022
WPC 25418, 25602, 28539 & 35716/22
APPENDIX OF WP(C) 25418/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 28.11.2018
Exhibit P2 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT
DATED 01.12.2018
Exhibit P3 THE TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED
BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED
04.06.2019
Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED TO ONE VINOD
KUMAR P., S/O. SUBRAMANIYAN DATED 17.06.2022
Exhibit P5 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 1ST PETITIONER DATED 17.06.2022
Exhibit P6 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 2ND PETITIONER DATED 17.06.2022
Exhibit P7 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 3RD PETITIONER DATED 17.06.2022
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.
22050/2022 OF THIS HON'BLE COURT DATED 07.07.2022
Exhibit9 THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.
23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022
Exhibit P10 THE TRUE COPY OF THE DECISION OF 3RD RESPONDENT
DATED 03.08.2022
Exhibit P11 THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW
TABULATION CHART AND RANK LIST
RESPONDENT EXHIBITS
Exhibit TRUE COPY OF THE DECISION NO. 12 DATED 03/03/2022
R1(A) OF THE MUNICIPAL COUNCIL OF TANUR MUNICIPALITY
Exhibit TRUE COPY OF THE PROCEEDINGS, APPOINTING
R1(B)T SELECTION COMMITTEE MEMBERS
WPC 25418, 25602, 28539 & 35716/22
EXHIBIT R4 TRUE COPY OF THE ORDER NO.H1-10266/2017 DATED
(a) 15.12.2017 ISSUED BY THE 1ST RESPONDENT
MUNICIPALITY
EXHIBIT TRUE COPY OF THE NOTE DATED 08.04.2021 ISSUED BY
R4(b) THE HEALTH INSPECTOR GRADE -1 OF THE 1ST
RESPONDENT MUNICIPALITY
EXHIBIT R4 TRUE COPY OF THE ORDER DATED 31.01.2020 ISSUED BY
(c) THE CHAIRPERSON OF THE 1ST RESPONDENT
MUNICIPALITY
EXHIBIT R4 TRUE COPY OF THE RESOLUTION NO.1 DATED 28.06.2021
(d) OF THE 1ST RESPONDENT MUNICIPALITY
EXHIBIT TRUE COPY OF THE COMMUNICATION DATED 19.04.2022
R4(e) ISSUED BY THE 1ST RESPONDENT TO THE 2ND
RESPONDENT
EXHIBIT TRUE COPY OF THE JUDGMENT DATED 21.08.2019 IN
R4(f) WP(C) NO. 16239/2019 OF THIS COURT
