Kerala High Court
Abhilash.M vs Kerala Agricultural University on 21 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 29086 OF 2017
PETITIONER:
ABHILASH.M
S/O.GOPINATHAN,MELATHIL HOUSE,MELATHIL
HOUSE,THAVANOOR.P.O,MALAPPURAM DISTRICT.
BY ADV SRI.KRISHNA PRASAD. S
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
VELLANIKKARA,THRISSUR,-680654.
REPRESENTED BY IT'S REGISTRAR.
2 THE REGISTRAR
THE KERALA AGRICULTURE
UNIVERSITY,VELLANIKKARA,THRISSUR-680654.
3 DEANAGRICULTURAL ENGINEERING
KERALE COLLEGE OF KELAPPAJI COLLEGE OF
AGRICULTURAL ENGINEERING &
TECHNOLOGY,THAVANOOR.P.O-679573.
4 ASHRAF.T.A
S/O.SRI.ABDULLA,ATHANICKAL,ATHANIKKAL
HOUSE,THRIRUTHY,PERUMBARAMBU POST,EDAPPAL,
MALAPPURAM DISTRICT-679573.
5 STATE REPRESENTED BY PRINCIPAL SECRETARY
DEPARTMENT OF AGRICULTURE,
SECRETARIET,THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
SRI.S.A.ANAND
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.L.ANNAPOORNA
SMT.B.ANANJANA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
WP(C)No.29086/2017
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SMT.K.N.REMYA
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.V.K.SUNIL, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.29086/2017
..3..
P.V.KUNHIKRISHNAN, JUDGE
=========================
W.P(C) No.29086 of 2017
==========================
Dated this the 21st day of May, 2024
JUDGMENT
The above writ petition is filed with following
prayers:
"(i) Issue a writ in the nature of mandamus
directing the respondents 1 to 3 to appoint the
petitioner as casual labourer following Exhibit P-1
Casual Labourers selected list(men) following the
service rules and regulations
(ii) Issue a writ in the nature of certiorari calling
for the records appointing the 4th respondent as
casual labourer and quash the same.
(iii) Issue such other writ, order or direction, as
this Honourable Court deems fit and proper in the
circumstances of the case."(sic)
2. The main prayer in this petition is against the
alleged illegal appointment of the 4th respondent without
following communal rotation, which resulted in depriving
appointment to the petitioner. According to the
petitioner, he is eligible to be appointed based on Ext.P1
Rank List.
3. The learned Standing Counsel appearing for
the University submitted that Ext.P6 is the Rank List and
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Rank List already expired. If that is the case, no orders
can be passed in this case.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ACR
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APPENDIX OF WP(C) 29086/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CASUAL LABOURER
SELECT LIST(MEN)PREPARED FOR KELAPPAJI
COLLEGE OF AGRICULTURAL & ENGINEERING
AND TECHNOLOGY, THAVANUR
EXHIBIT P2 A TRUE COPY OF THE SELCTION OF CASUAL
LABOURER'S SELECT LIST(MEN)PROVIDED BY
THE 3RD RESPONDENT DATED 1-11-2016
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 19.5.2017
EXHIBIT P4 A TRUE COPY OF THE LETTER RECEIVED BY
THE PETITIONER FROM 2ND RESPONDENT
DATED 3-7-2017
EXHIBIT P5 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 14-7-2017
EXHIBIT P6 A TRUE COPY OF THE LETTER PROVIDING
THE INFORMATION DATED 28-7-2017 BY THE
3RD RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONER DATED 14.7.2017
BEFORE THE INFORMATION OFFICER OF THE
1ST RESPONDENT UNIVERSITY
EXHIBIT P8 A TRUE COPY OF THE INFORMATION
PROVIDED BY THE 2ND RESPONDENT DATED
10-8-2017.
RESPONDENT EXHIBITS
ANNEXURE R1(a) THE TRUE COPY OF THE ROTATION
PRINCIPLES FOLLOWED BY KERALA PUBLIC
SERVICE COMMISSION.
