Kerala High Court
Mukil Murali vs The Scrutiny Commit For Verification Of ... on 28 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 4512 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 4512 OF 2017
PETITIONER/S:
1 MUKIL MURALI
AGED 26 YEARS
AGED 26 YEARS, S/O MURALI, CHALIL HOUSE,
KOLAHALAMEDU P.O IDUKKI DIST- 685 501
2 BIJU P.B.
AGED 38 YEARS
AGED 38 YEARS, S/O BHASKARAN PANNIKUZHIYIL HOUSE,
KOLAHALAMEDU P.O. IDUKKI DIST- 685 501
BY ADVS.
SRI.M.R.ANISON
SMT.V.BHARGAVI PANANGAD
SMT.K.P.GEETHA MANI
SMT.P.A.RINUSA
RESPONDENT/S:
1 THE SCRUTINY COMMIT FOR VERIFICATION OF COMMUNITY
CERTIFICATE
REP. BY ITS CHAIRMAN, SCHEDULED CASTES AND SCHEDULED
TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
2 THE VIGILANCE CELL OF THE KERALA INSTITUTE FOR
RESEARCH TRAINING AND DEVELOPMENT STUDIES OF
SCHEDULE
REP. BY ITS VIGILANCE OFFICER, DIRECTORATE OF
KIRTADS, KOZHIKODE- 673 017
WP(C) NO. 4512 OF 2017 2
3 THE KERLAA VETERINARY AND ANIMAL SCIENCE UNIVERSITY
POOKODE LAKKIDI P.O. WAYANAD- 673 576 REP. BY ITS
REGISTRAR
4 SUMESH T.
CASUAL LABOURER, BASE FARM, KOLAHALAMEDU P.O. IDUKKI
DISTRICT- 685 501
5 NISHAD S
CASUAL LABOURER, BASE FARM, KOLAHALAMEDU, KERALA
VETERINARY ANHD ANIMAL SCIENCE UNIVERSITY,
KOLAHALAMEDU P.O. IDUKKI DIST.685 501
6 ABHILASH S.
CASUAL LABOURER, BASE FARM, KOLAHALAMEDU, KERALA
VETERINARY ANHD ANIMAL SCIENCE UNIVERSITY,
KOLAHALAMEDU P.O. IDUKKI DIST.685 501
BY ADVS.
SMT.AYSHA YOUSEFF, SC, KERALA VETERINARY AND ANIMAL
SCIENCES
SMT.P.K.SANTHAMMA
MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL
SCIENCES UNIVERSITY, SRI.V.K.SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 4512 OF 2017 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 4512 of 2017
--------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"a) to issue a writ of certiorari or other appropriate writ
order or direction, to quash Ext.P2 rank list and Ext.P3
rotation chart to the extent of Including the respondents 4 to
6 in those list under the Scheduled Caste quota;
(b) to issue a writ of mandamus or other appropriate write
order direction directing the 3rd respondent to terminate the
service of the respondents 4 to 6 from the post of Casual
Labourers in the Base Farm, Kolahalamedu, since they are
not entitled for Scheduled Caste benefits;
(c) to issue a writ of mandamus or other appropriate writ
order or direction directing the 3rd respondent to appoint the
petitioners to the post of Casual Labourers from Ext.P2
ranked list under the Scheduled Caste quota by removing the
respondents 4 to 6 from the post of Casual Labourers;
(d) to issue a writ of mandamus or other appropriate writ
order or direction directing the 1st and 2nd respondents to
complete the enquiry regarding the caste status of
respondents 4 to 6 based on Ext.P7 complaint and Ext.P8
notice within a time frame;
(e) to issue a writ of mandamus or other appropriate writ
order or direction, directing 3rd respondent to appoint
petitioners as Casual Labourers based on their ranking in
Ext. P2 ranked list, In the consequential vacancy arising on
termination of service of the respondents 4 to 6;
(f) to declare that expiry of Ext.P2 ranked list will not
stand in the way of 3 rd respondent appointing the writ
petitioners as Casual Labourers under Schedule Caste quota
in the vacancies arising consequent on the termination of
service of respondents 4 to 6;
AND
(g) to pass such other and further orders as are deemed
just and necessary in the facts and circumstances of the
case." [sic]
2. When this writ petition came up for consideration,
the learned counsel appearing for the 3rd respondent takes me
through Ext.R3(a) produced along with the counter, in which it
is stated that the petitioners are already appointed. If that is
the case, nothing survives in this case.
Recording the above submission, the writ petition is
closed. But, if there is any further grievance to the petitioners,
the same is left open.
With the above observation, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 4512/2017
PETITIONER EXHIBITS
EXHIBITP1 TRUE COPY OF NOTIFICATION ISSUED BY THE
3RD RESPONDENT INVITING APPLICATION FOR
APPOINTMENT TO THE POST OF CASUAL
LABOURERS IN BASE FARM, KALHALAMEDU,
DATED 24-04-2013
EXHIBIT P2 TRUE COPY OF THE RANK LIST PUBLISHED BY
THE 3RD RESPONDENT FOR APPOINTMENT TO THE
POST OF CASUL LABOURERS
EXHIBIT P3 TRUE COPY OF THE ROTATION CHART OF CASUL
LABOURERS (MALE)
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE 2ND PETITIONER BEFORE THE DIRECTOR OF
SCHEDULE DCASTE DEVELOPMENT DATED 08-07-
EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
SUB INSPECTOR OF POLICE, VAGAMON POLICE
STATION, VAGAMON DATED 09-12-2016
EXHIBITP6 TRUE COPY OF THE REPORT SUBMITTED BY THE
VILALG EOFFICER, VAGAMON DATED 01-11-2016
EXHIBITP7 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE 2ND PETITIONER BEFORE THE 1ST
RESPONDENT DATED 28-10-2016
EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT DATED 30-12-2016
