Citation : 2024 Latest Caselaw 32366 Ker
Judgement Date : 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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