Kerala High Court

Anil.B vs State Of Kerala on 15 July, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

OP(KAT) Nos.12 of 2021 & 339 of 2020

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                                                  2025:KER:52709


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                       &

              THE HONOURABLE MR. JUSTICE JOHNSON JOHN

    TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947

                         OP(KAT) NO. 12 OF 2021

         AGAINST THE ORDER DATED 12-03-2020 IN OA NO.326 OF 2019

OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

PETITIONER/APPLICANT:

             ANIL.B, AGED 50 YEARS,S/O.RAGHAVAN PILLAI,
             RESIDING AT RAJIBHAVANAM.V., KOTTAYAM,
             PATHANAMTHITTA, KERALA-689 656.

             BY ADV SRI.K.K.SETHUKUMAR


RESPONDENTS/RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY THE SECRETARY,
             ANIMAL HUSBANDRY AND DAIRY DEPARTMENT,
             GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

     2       THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT,
             VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA-695 033.

     3       DISTRICT OFFICER, ANIMAL HUSBANDRY DEPARTMENT,
             PATHANAMTHITTA, KERALA-689 656.

     4       DISTRICT OFFICER, DISTRICT EMPLOYMENT OFFICER,
             PATHANAMTHITTA, KERALA-689 656.
 OP(KAT) Nos.12 of 2021 & 339 of 2020

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     5       SANTHIKUMARI.G.,
             KODINJIYIL VEEDU, VADASSERIKKARA P.O.,
             PATHANAMTHITTA, KERALA-689 656.

     6       JIJI B.PARAYIRIKKUNNATHIL,
             ANGADICKAL SOUTH, KODUMON, PATHANAMTHITTA,
             KERALA-689 656.

     7       THOMAS GEORGE,
             THEKKEMADAM, KUMBANADU P.O.,
             THIRUVALLA-689 547, KERALA.

     8       SUJA.P.T.,
             SANTHOSHBHAVAN, ATTACHACKAL P.O.,
             KONNI, PATHANAMTHITTA, KERALA-689 691.

     9       LEELAMMA.P.K.,
             PATHAKATHIL VEEDU, THEKKUNGAL P.O.,
             KOTTATHOOR, PATHANAMTHITTA, KERALA-689 614.

     0       SHEENA K.THAJUDHEEN,
             KANDAMKULATH, VAYPOOR P.O.,
             MALLAPPALLY, PATHANAMTHITTA, KERALA-689 588.


             R1 TO R4 BY SENIOR GOVERNMENT PLEADER
             SRI.B.UNNIKRISHNA KAIMAL.


      THIS    OP   KERALA     ADMINISTRATIVE   TRIBUNAL    HAVING   BEEN
FINALLY HEARD ON 15.07.2025, ALONG WITH OP(KAT).339/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(KAT) Nos.12 of 2021 & 339 of 2020

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                       &

              THE HONOURABLE MR. JUSTICE JOHNSON JOHN

    TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947

                         OP(KAT) NO. 339 OF 2020

         AGAINST THE ORDER DATED 12-03-2020 IN OA NO.240 OF 2020

OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

PETITIONER/APPLICANTS 1 & 2:

     1       MINIMOL K.S, AGED 51 YEARS,
             D/O. SREDHARAN, RESIDING AT THEKKOM PLACKAL,
             VAIPUR P. O., EZHUMATTOOR, MALLAPPALLY,
             THIRUVANANTHAPURAM, KERALA - 689 582.

     2       KUMARI JAYASREE, AGED 51 YEARS,
             D/O. SURENDRAN P. K., RESIDING AT
             THADATHIL VEEDU, ANGAMOOZHY P. O.,
             VALUPPARA, PATHANAMTHITTA - 689 662, KERALA.


             BY ADV SRI.K.K.SETHUKUMAR




RESPONDENTS/RESPONDENTS/APPLICANTS 3 AND 4:

     1       STATE OF KERALA,
             REPRESENTED BY THE SECRETARY,
             ANIMAL HUSBANDRY AND DAIRY DEPARTMENT,
             GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.
 OP(KAT) Nos.12 of 2021 & 339 of 2020

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     2       THE DIRECTOR,
             ANIMAL HUSBANDRY DEPARTMENT,
             VIKAS BHAVAN, THIRUVANANTHAPURAM,
             KERALA - 695 033.

     3       DISTRICT OFFICER,
             ANIMAL HUSBANDRY DEPARTMENT,
             PATHANAMTHITTA, KERALA - 689 656.

     4       DISTRICT OFFICER,
             DISTRICT EMPLOYMENT OFFICE,
             PATHANAMTHITTA, KERALA - 689 656.

     5       SANTHIKUMARI G.
             KODINJIYIL VEEDU, VADASSERIKKARA P. O.,
             PATHANAMTHITTA, KERALA - 689 656.

     6       JIJI B. PARAYIRIKKUNNATHIL
             ANGADICKAL SOUTH, KODUMON,
             PATHANAMTHITTA, KERALA - 689 656.

     7       THOMAS GEORGE,
             THEKKEMADAM, KUMBANADU P. O.,
             THIRUVALLA - 689 547, KERALA. .

     8       SUJA P. T,
             SANTHOSHBHAVAN, ATTACHACKAL P. O.,
             KONNI, PATHANAMTHITTA, KERALA - 689 691.

     9       LEELAMMA P. K.
             PATHAKATHIL VEEDU, THEKKUNGAL P. O.,
             KOTTATHOOR, PATHANAMTHITTA,
             KERALA - 689 614.

     0       SHEENA K. THAJUDHEEN
             KANDAMKULATH, VAYPOOR P. O.,
             MALLAPPALLY, PATHANAMTHITTA,
             KERALA - 689 588.

     11      SYAMALA T. N.
             AGED 51 YEARS
             D/O. P. K. NARAYANAN, RESIDING AT
             THOPPILKIZHAKKETHIL HOUSE, VENNIKULAM P. O.,
             VALANKARA, MALLAPPALLY - 689 544., KERALA.
 OP(KAT) Nos.12 of 2021 & 339 of 2020

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     12      RAMLA K. A, AGED 50 YEARS,
             D/O. ABDUL KHADER MUTHALIYAR,
             RESIDING AT RAMLA MANZIL KOMBAZHA P. O.,
             PATHANAMTHITTA, KERALA.


             R1 TO R4 BY SENIOR GOVERNMENT PLEADER
             SRI.UNNIKRISHNA KAIMAL.


      THIS    OP   KERALA     ADMINISTRATIVE   TRIBUNAL    HAVING   BEEN
FINALLY HEARD ON 15.07.2025, ALONG WITH OP(KAT).12/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
        A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
          -----------------------------------------------
          OP(KAT) Nos.12 of 2021 & 339 of 2020
          -----------------------------------------------
            Dated this the 15th day of July, 2025.


                            JUDGMENT

A.MUHAMED MUSTAQUE, J.

The petitioners were unsuccessful before the Tribunal in

challenging the selection process conducted by the Animal

Husbandry Department for the appointment of part-time

sweepers on a regular basis in its various offices in

Pathanamthitta District.

2. One of the challenges raised by the petitioner in

OP(KAT) No.12 of 2021 was that, as a member of the BPL

(Below Poverty Line) category, he should have been given

preference. However, this challenge was not upheld because the

petitioner failed to produce the certificate issued by the

Panchayat verifying his BPL status, as mandated in the interview

memo.

OP(KAT) Nos.12 of 2021 & 339 of 2020

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3. It is also evident from Annexure R1(c) of the interview

memo that the petitioner was directed to produce BPL certificate

issued by the Panchayat authorities. According to him, he had

produced the original ration card showing his BPL status at the

time of interview, which he believes should have been sufficient.

4. However, we are of the view that if a specific

document is required, it cannot be substituted by another

document based on the candidate's discretion. In view of the fact

that the petitioner failed to produce the required document to

verify his BPL status, he was not given preference. We find that

the view taken by the Tribunal in this regard is correct and

proper, and no interference is warranted.

5. Yet another contention raised by one of the petitioners

is that the Selection Committee was not properly constituted.

This issue was considered by the Tribunal, which found that the

Selection Committee was properly constituted and that the

process was not vitiated. We do not find any reason to interfere

with the order of the Tribunal and no interference is warranted. OP(KAT) Nos.12 of 2021 & 339 of 2020

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Accordingly, the Original Petitions are dismissed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sd/- JOHNSON JOHN, JUDGE.

amk OP(KAT) Nos.12 of 2021 & 339 of 2020

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APPENDIX OF OP(KAT) 12/2021

PETITIONER ANNEXURES :

ANNEXURE A1 TRUE COPY OF THE REGISTRATION ID ISSUED BY THE EMPLOYMENT OFFICER.

ANNEXURE A2 TRUE COPY OF RELEVANT PAGE FROM SSLC.

ANNEXURE A3 TRUE COPY OF NOTICE NO.DAHO-PTA/10493/2018- B1 DATED 23.11.2018 OF THE 3RD RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE ORDER NO.DAHO-PTA 10493/2018 B1 DATED 14.01.2019 OF THE 3RD RESPONDENT.

ANNEXURE A5 TRUE COPY OF THE RELEVANT PARTICULARS OF EXPERIENCE WITH LR.NO.13/18 DATED 17.01.2018 EMPLOYMENT OFFICER.

ANNEXURE A6 TRUE COPY OF THE EXTRACT OF RELEVANT PAGES FROM WEBSITE EMPLOYMENT DIRECTORATE.

ANNEXURE A7 TRUE COPY OF THE LIST OBTAINED UNDER RTI IN RESPECT OF MARK OF APPLICANT.

ANNEXURE A8 TRUE COPY OF DOCUMENT OBTAINED UNDER RTI IN RESPECT OF MARK FOR 5TH RESPONDENT.

ANNEXURE A9 TRUE COPY OF DOCUMENT OBTAINED UNDER RTI IN RESPECT OF MARK FOR 6TH RESPONDENT.

ANNEXURE A10 TRUE COPY OF MARK SHEET OBTAINED UNDER RTI IN RESPECT OF 7TH RESPONDENT.

ANNEXURE A11 TRUE COPY OF JOINING REPORT OF SINDHUKUMARI.V.P. ANNEXURE A12 TRUE COPY OF MARK SHEET 7TH RESPONDENT.

ANNEXURE A13 TRUE COPY OF RELEVANT EXTRACT FROM NOTE OP(KAT) Nos.12 of 2021 & 339 of 2020

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FILE.

ANNEXURE R1(A) TRUE COPY OF THE ORDER NO.DAHO PAT/10493/2018-B1 DATED 26.11.2018 OF THE DISTRICT ANIMAL HUSBANDRY OFFICE, PATHANAMTHITTA.

ANNEXURE R1(B) TRUE COPY OF THE RANK LIST IN OPEN PRIORITY , OPEN NON PRIORITY, SC NON PRIORITY, OPNN ETB NON PRIORITY, MUSLIM NON PRIORITY OF DISTRICT ANIMAL HUSBANDRY OFFICE, PATHANAMTHITTA.

ANNEXURE R1(C) TRUE COPY OF THE LETTER NO.DAHO-

PTA/10493/2018-B1 DATED 23.11.2018 OF THE DISTRICT ANIMAL HUSBANDRY OFFICE, PATHANAMTHITTA.

ANNEXURE R1(D) TRUE COPY OF THE MARK LIST OF PART TIME SWEEPER IN OPEN PRIORITY, OPEN NON PRIORITY, SC NON PRIORITY, OPEN ETB NON PRIORITY, MUSLIM NON PRIORITY.

ANNEXURE R3(A) TRUE COPY OF THE ORDER NO.DAHO-

PTA/10493/2018-B1 DATED 26.11.2018.

ANNEXURE R3(B) TRUE COPY OF THE RANK LIST FOR SELECTED CANDIDATES WERE ENLISTED IN THE NOTICE BOARD OF DISTRICT ANIMAL HUSBANDRY OFFICE, PATHANAMTHITTA.

ANNEXURE R3(C) TRUE COPY OF LETTER NO.DAHO-

PTA/10493/2018/B1 DATED 23.11.2018.

ANNEXURE R3(D) TRUE COPY OF SELECTED CANDIDATE IN OPEN NON PRIORITY LIST.

ANNEXURE R5(A) TRUE COPY OF THE DEATH CERTIFICATE OF THE HUSBAND OF THE ADDITIONAL 5TH RESPONDENT ISSUED FROM VADASSERIKKARA GRAMA PANCHAYAT. OP(KAT) Nos.12 of 2021 & 339 of 2020

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ANNEXURE R5(B) TRUE COPY OF IDENTITY CARD ISSUED TO THE 5TH RESPONDENT FROM EMPLOYMENT EXCHANGE WITH REGISTRATION NO.W107/13.

ANNEXURE R5(C) TRUE COPY OF THE 1ST PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE ADDITIONAL 6TH RESPONDENT.

ANNEXURE R5(D) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 7TH RESPONDENT FROM EMPLOYMENT EXCHANGE VIDE REGISTRATION NO.3097/12.

ANNEXURE R5(E) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 7TH RESPONDENT FROM EMPLOYMENT EXCHANGE VIDE REGISTRATION NO.1839/08.

ANNEXURE R5(f) TRUE COPY OF THE IDENTITY CARD DATED 15.09.2010 ISSUED TO THE 7TH RESPONDENT FROM GOVERNMENT OF KERALA, SOCIAL WELFARE DEPARTMENT.

ANNEXURE R5(G) TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED TO THE 7TH RESPONDENT BY THE MEDICAL BOARD FROM DISTRICT HOSPITAL, KOZHENCHERRY DATED 03.01.2014.

ANNEXURE R5(H) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 8TH RESPONDENT FROM EMPLOYMENT EXCHANGE VIDE REGISTRATION NO.W176/14.

ANNEXURE R5(I) TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE 9TH RESPONDENT FROM RANNIL TALUK OFFICE ON 29.01.2019.

ANNEXURE R5(J) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 9TH RESPONDENT FROM EMPLOYMENT EXCHANGE VIDE REGISTRATION NO.W332/99.

ANNEXURE R5(K) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 10TH RESPONDENT FROM EMPLOYMENT EXCHANGE VIDE REGISTRATION NO.W950/2000. OP(KAT) Nos.12 of 2021 & 339 of 2020

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ANNEXURE R5(L) TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED TO THE 10TH RESPONDENT BY THE MEDICAL BOARD, DEPARTMENT OF HEALTH SERVICES, GOVERNMENT OF KERALA DATED 25.09.2010.

ANNEXURE R5(M) TRUE COPY OF THE CALL LETTER ISSUED TO THE ADDITIONAL 6TH RESPONDENT FROM THE DISTRICT ANIMAL HUSBANDRY OFFICE, PATHANAMTHITTA NO.DAHO-PTA/10493/2018-B1.

ANNEXURE R5(N) TRUE COPY OF THE PROCEEDINGS NO.DAHO-PTA 10493/2018-B1 DATED 14.01.2019 ISSUED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER, PATHANAMTHITTA.

ANNEXURE A14 TRUE COPY OF RELEVANT NOTICE FILE DAHO PTA/10493/2018-B1 OBTAINED UNDER RTI ACT. ANNEXURE A15 TRUE COPY OF THE ORDER OF ROTATION UNDER 14(C) KS & SSR, PART II.

ANNEXURE A16 TRUE COPY OF THE ROTATION FOLLOWED BY FOURTH RESPONDENT OF CLASS IV LAST GRADE.

ANNEXURE A17 TRUE COPY OF THE RATION CARD OF THE APPLICANT.

ANNEXURE A18 TRUE COPY OF THE CERTIFICATE NO.C9 5143/19 DATED 17.08.2019 OF PRAMADOM GRAMA PANCHAYAT.

ANNEXURE A19 TRUE COPY OF THE LETTER NO.E2-3142/18 DATED 02.08.2018 OF THE DISTRICT MEDICAL OFFICER (ISM) PATHANAMTHITA.

ANNEXURE A20 TRUE COPY OF GO(P) NO.20/98/P & ARD DATED 14.07.1998.

ANNEXURE A21 TRUE COPY OF REQUISITION NO.DAHO/PTA/1373/2019-B1 DATED 06.09.2019.

ANNEXURE A22 TRUE COPY OF REQUISITION DATED 02.07.2018. OP(KAT) Nos.12 of 2021 & 339 of 2020

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ANNEXURE A23 GO(P) NO.413/70.413/70/PD DATED 21.12.2970 ISSUED CERTAIN GUIDELINES TO STREAMLINE THE PROCEDURE FOR MAKING PROVISIONAL APPOINTMENT THROUGH EMPLOYMENT EXCHANGE.

ANNEXURE A24 TRUE COPY OF DOCUMENT OBTAINED UNDER RTI REGARDING ROTATION.

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF OA NO.326/2019 ALONG WITH ITS ANNEXURES. EXHIBIT P2 TRUE COPY OF THE MA NO.897/2019 IN OA NO.326/2019 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENTS FILED BY THE RESPONDENTS 5 TO 10.

EXHIBIT P7 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO THE REPLY STATEMENT FILED BY RESPONDENTS 1 AND RESPONDENTS 5 TO 10.

EXHIBIT P9 TRUE COPY OF THE COMMON ORDER DATED 12.03.2020 IN OA NO.320/2019 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. OP(KAT) Nos.12 of 2021 & 339 of 2020

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APPENDIX OF OP(KAT) 339/2020 PETITIONER EXHIBITS :