Kerala High Court
Al Asjad A vs The Secretary on 23 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:78991
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 36659 OF 2024
PETITIONER:
AL ASJAD A
AGED 33 YEARS
S/O ABDUL RAZACK, RESIDING AT TC 68/905, MNRA 97,
SULAIMANYA MANZIL, THIRUVALLAM P.O, PACHALLOR,
THIRUVANANTHAPURAM, PIN - 695 027.
BY ADVS.
S.GOKUL BABU
KESHAVRAJ NAIR
M.ANIL PRASAD
PARVATHY NAIR
GAADHA SURESH
ARUN M.V.
VISWANATH JAYAN
ASWIN S.
RESPONDENTS:
1 THE SECRETARY
BACKWARD CLASSES DEVELOPMENT DEPARTMENT,GOVERNMENT
OF KERALA,THIRUVANANTHAPURAM, PIN - 695 035.
2 THE MANAGING DIRECTOR
KERALA STATE BACKWARD CLASSES DEVELOPMENT
CORPORATION,VANCHIYOOR,THIRUVANANTHAPURAM,
PIN - 695 035.
BY ADVS.
M. SASINDRAN, STANDING COUNSEL
MARY BEENA JOSEPH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36659 OF 2024 : 2 :
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JUDGMENT
The petitioner is included in Ext.P1 rank list as
Rank No.34 for selection to the post of Project
Assistant/Unit Manager in the Kerala State Backward
Classes Corporation Limited. The petitioner states that
he is the next person to be appointed to the said post
from Ext.P1 rank list. It is further stated that the
person included at rank No.2 in Ext.P1 has resigned
from the post and as such, there is a vacancy to
accommodate the petitioner. The grievance of the
petitioner is that despite Exts.P5 and P7 representations
submitted by the petitioner before respondents 1 and 2,
the vacancy which arose consequent to the resignation
of the person holding Rank No.2 has not so far been
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reported to the Kerala Public Service Commission
(KPSC). The prayer of the petitioner is for a direction
to the competent among the respondents to report the
vacany in the post of Project Assistant/Unit Manager to
the KPSC.
2. Heard the learned Counsel for the petitioner,
the learned Government Pleader for the 1st respondent
and the learned Standing Counsel for the 2nd
respondent.
In the facts and circumstances of the case and
having regard to the submissions made across the Bar,
there will be a direction to the 2 nd respondent to
consider Ext.P7 representation, as expeditiously as
possible, at any rate, within a period of one month
from the date of receipt of a copy of this judgment. It
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is made clear that this Court has not expressed any
views on the merits of Ext.P7 representation.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:78991
APPENDIX OF WP(C) 36659/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MAIN LIST NO. 766/23/ERXIV,
CAT NO. 009/2021 FOR THE POST OF PROJECT
ASSISTANT /UNIT MANAGER IN KERALA STATE
BACKWARD CLASSES CORPORATION LIMITED, DATED
07.09.2023.
EXHIBIT P2 TRUE COPY OF APPOINTMENT CHART NO. RIB (3)
6419/2023/GW DATED 17.10.2023.
EXHIBIT P3 THE TRUE COPY OF ORDER NO: KSBCDC/234/2024
DATED 15.07.2024.
EXHIBIT P4 TRUE COPY OF REQUEST SUBMITTED BEFORE THE
MANAGING DIRECTOR OF KERALA STATE BACKWARD
CLASSES DEVELOPMENT CORPORATION DATED
17.07.2024.
EXHIBIT P5 TRUE COPY OF REPRESENTATION GIVEN TO THE 1ST
RESPONDENT DATED 26.08.2024.
EXHIBIT P6 TRUE COPY OF POSTAL ACKNOWLEDGEMENT CARD
OF EXHIBIT P5 REPRESENTATION.
EXHIBIT P7 TRUE COPY OF REPRESENTATION GIVEN TO THE 2ND
RESPONDENT DATED 26.08.2024.
EXHIBIT P8 TRUE COPY OF POSTAL TRACKING DETAILS OF
EXHIBIT P7 REPRESENTATION.
