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Merin Kuriakose vs State Of Kerala
2024 Latest Caselaw 32366 Ker

Citation : 2024 Latest Caselaw 32366 Ker
Judgement Date : 8 November, 2024

Kerala High Court

Merin Kuriakose vs State Of Kerala on 8 November, 2024

                                            2024:KER:83279

WPC.No.39512/24                1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                  WP(C) NO.39512 OF 2024

PETITIONERS:

    1    MERIN KURIAKOSE,
         AGED 27 YEARS,
         KAKKANATTU HOUSE, KOCHUTHOVALA P.O, VALIYAPARA
         IDUKKI DISTRICT, PIN - 685 514.

    2    MELBIN KURIAKOSE,
         AGED 26 YEARS,
         KAKKANATTU HOUSE, KOCHUTHOVALA P.O, VALIYAPARA
         IDUKKI DISTRICT, PIN - 685 514.

    3    MERLIN KURIAKOSE,
         AGED 23 YEARS,
         KAKKANATTU HOUSE, KOCHUTHOVALA P.O, VALIYAPARA
         IDUKKI DISTRICT, PIN - 685 514.

         BY ADVS.
         DINESH MATHEW J.MURICKEN
         VINOD S. PILLAI
         MOHAMMED THAYIB N.M.
         NAYANA VARGHESE
         RIA VARGHESE
         JERRY PETER



RESPONDENTS:

    1    STATE OF KERALA,
         REP.BY SECRETARY TO GOVERNMENT, CO-OPERATIVE
         DEPARTMENT, ROOM NO. 378, IST FLOOR, MAIN BLOCK,
                                                           2024:KER:83279

WPC.No.39512/24                          2

               SECRETARIAT, STATUE JUNCTION,
               THIRUVANANTHAPURAM GENERAL.P.O.,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

    2          THE JOINT REGISTRAR (GENERAL),
               OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE
               SOCIETIES, CHERUTHONI, IDUKKI COLONY P.O.,
               IDUKKI DISTRICT, PIN - 685 602.

    3          THE ASSISTANT REGISTRAR (GENERAL),
               OFFICE OF THE ASSISTANT REGISTRAR (GENERAL),
               NAYARUPARA P.O., IDUKKI DISTRICT, PIN - 685 602.

    4          KATTAPPANA RURAL DEVELOPMENT CO-OPERATIVE
               SOCIETY LTD. NO.I-591,
               REPRESENTED BY ITS SECRETARY, KATTAPPANA P.O.,
               IDUKKI DISTRICT, PIN - 685 508.

    5          PRESIDENT,
               KATTAPPANA RURAL DEVELOPMENT CO-OPERATIVE
               SOCIETY LTD. NO.I-591, KATTAPPANA P.O.,
               IDUKKI DISTRICT, PIN - 685 508.



        THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION       ON   08.11.2024,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                           2024:KER:83279

WPC.No.39512/24                             3

                               JUDGMENT

The petitioners are aspirants to the post of Junior

Clerk in the 4th respondent Society. In response to Ext.P1

notification, they submitted applications for the post of Junior

Clerk. In Ext.P1 it is stated that the selection process includes

written examination and interview. However, the case of the

petitioners is that, they were not intimated about the

examination and were not included in the selection process.

Later, on an enquiry under the provisions of Right To

Information Act, the petitioners were informed that their

applications were not considered because, the same,

according to the respondents, were incomplete.

2. Specific case of the petitioners is that, at any

point of time, petitioners were not communicated about any

defects in the application. In such circumstances, highlighting

their grievances the petitioners have submitted Ext.P10

representation before the 2nd respondent and the limited prayer

sought by them is to direct the 2 nd respondent to take a

decision thereon within a time frame.

After hearing the learned counsel for the petitioners 2024:KER:83279

and the learned Government Pleader, I am inclined to dispose

of this writ petition. Accordingly, it is ordered that the 2 nd

respondent shall take up Ext.P10 representation and to pass

appropriate orders thereon in accordance with law, after

hearing the petitioners and the authorized representative of

the 4th respondent. Decision in this regard shall be taken by

the 2nd respondent within a period of two months from the date

of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/8.11.24 2024:KER:83279

APPENDIX OF WP(C) 39512/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF NOTIFICATION PUBLISHED IN MANGALAM NEWSPAPER ON 18.11.2023

Exhibit P2 TRUE COPY OF APPLICATION SUBMITTED BY THE 1ST PETITIONER ADDRESSING THE 4TH RESPONDENT DATED 23.11.2023

Exhibit P3 TRUE COPY OF APPLICATION SUBMITTED BY THE 2ND PETITIONER ADDRESSING THE 4TH RESPONDENT DATED 23.11.2023

Exhibit P4 TRUE COPY OF APPLICATION SUBMITTED BY THE 3RD PETITIONER ADDRESSING THE 4TH RESPONDENT DATED 23.11.2023

Exhibit P5 TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONERS DATED 28.12.2023

Exhibit P6 TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT BY THE PETITIONERS DATED 28.12.2023

Exhibit P7 TRUE COPY OF REPLY TO THE RIGHT TO INFORMATION APPLICATION DATED 18.04.2024

Exhibit P8 TRUE COPY OF COMMUNICATION NO.

JRGIDK/33/2024-SCTM ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 17.01.2024

Exhibit P9 TRUE COPY OF REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 18.04.2024 2024:KER:83279

Exhibit P10 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DATED 12.05.2024

 
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