Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 PETITIONER: SONU PAUL, AGED 34 YEARS, S/O. PAULOSE, MELATH HOUSE, MAROTTICHAL P.O, THRISSUR, PIN - 680 014. BY ADVS. K.R.PRATHISH R.S.ASWINI SANKAR RESPONDENTS: 1 DIRECTOR, KERALA STATE IT MISSION, ICT CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695 033.
2 DISTRICT COLLECTOR AND DISTRICT AKSHYA PROJECT CO- ORDINATOR,CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680 003. 3 DISTRICT PROJECT MANAGER, AKSHYA DISTRICT PROJECT OFFICER, GLOBAL PLAZA BUILDING, VANCHIKULAM ROAD, POOTHOLE P.O, THRISSUR - 680 004. 4 CHAIRMAN, SELECTION COMMITTEE FOR ENTREPRENEUR /- AKSHAYA PROJECT, PUTHUR GRAMA PANCHAYATH, THRISSUR-680 014. 5 MINESH M.C, S/O. CHANDRAN, MADATHIL HOUSE, PUTHAN KAAVU, VETTUKADU P.O, THRISSUR - 680 014. 6 THE PRESIDENT, PUTHUR GRAMA PANCHAYATH, PUTHUR, THRISSUR,PIN-680 014, (ADDITIONAL R6 IMPLEADED AS PER ORDER DATED 28-09-2022 IN IA.NO.1/2022).
BY ADVS. SRI R.MAHESH MENON SRI SANTHOSH P.PODUVAL SMT SREEDEVI KYLASANATH(S-541) SRI ACHUTH KYLAS(K/904/2011) SRI DEAGO JOHN K(K/001010/2017) SRI. BINOY DAVIS (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner has approached this Court challenging the selection of the 5th respondent as Akshaya Entrepreneur at the Puthur Grama Panchayat. According to the petitioner, the selection process is vitiated and the petitioner was a more meritorious candidate than the 5th respondent and in spite of the same, the 5th respondent had been selected.
2. The 3rd respondent has filed a counter affidavit,
which shows that the recruitment is based on ‘the candidate’s form marks, online examination and interview’. Form marks will be issued online based on the educational qualification, residency certificate, age, gender and community weightage. The petitioner got a form marks of 23.7 out of 30. He obtained 16 marks out of 40 in the online exam and 24.8 marks out of 30 for the interview. He thus scored a total of 64.5 out of 100 marks. On the other hand, the 5th respondent, got 15.3 out of 30 as form marks, 21 out of 40 for online examination and 24 out of 30 for interview. The marks allotted to him therefore, totaled to 60.3 out of 100 marks. However, his total marks was taken to be 66.3 with the addition of 10% weightage for members of the SC/ST communities in terms of the document produced along with the additional affidavit dated 15.03.2023 filed by the 3rd respondent. It is thus that the 5th respondent was selected as the Akshaya Entrepreneur.
3. Having considered the pleadings in the writ petition
and the counter affidavit filed by the 3 rd respondent, I am of the view that the petitioner has not made out any case for interference with the selection of the 5th respondent as the Akshaya Entrepreneur. There are no allegations of mala fide in the writ petition. It appears from the counter affidavit of the 3 rd respondent that the selection was on the basis of ‘the candidate’s form marks, marks for online exam and interview’. It is seen from the marks allotted to the petitioner that there has been no attempt to reduce the marks allotted to the petitioner for the purposes of selecting the 5th respondent. The 5th respondent actually obtained only 60.3 marks against 64.5 marks (out of 100) allotted to the petitioner. However, since the 5 th respondent was a member of the Scheduled Caste / Scheduled Tribe community, he was granted 10% weightage in terms of the stipulations in Ext.R3(d) order produced along with I.A.No.2 of
2023. There is no challenge to the document produced and
marked as Ext.R3(d) along with I.A.No.2 of 2023. I therefore, find no reason to interfere with the selection of the 5th respondent. The writ petition fails and it is accordingly, dismissed. Sd/- GOPINATH P. JUDGE DK APPENDIX OF WP(C) 22898/2021 PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER
NUMBERED GO(MS) NO. 17/2007/ITD DATED 31.07.2007. Exhibit P2 TRUE COPY OF THE INTIMATION LETTER RECEIVED BY THE PETITIONER DATED 11.02.2021. Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE DISTRICT PROJECT OFFICER DATED 29.09.2021. Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DIRECTOR, IT MISSION DATED 30.09.2021. Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE AKSHAYA PROJECT CO-ORDINATOR DATED 30.09.2021. Exhibit P6 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT OF WHICH THE DATE NOT KNOWN TO THE PETITIONER. Exhibit P6 A TRUE COPY OF THE RANK LIST AND INTERVIEW SHEETS OBTAINED THROUGH RIGHT TO INFORMATION APPLICATION RESPONDENT EXHIBITS Exhibit R3(a) A TRUE COPY OF THE NEWS PAPER REPORT OF MATHRUBHUMI DAILY DATED 02-08-2021 Exhibit R3(b) TRUE COPY OF LETTER NO. 29/AKS/TSR/NEW CENTRE/2010/19/2021 DATED 28-07-2021 Exhibit R3(c) TRUE COPY OF G.O.(MS) NO. 30/2014/ITD DATED 01-11-2014 Exhibit R3(d) TRUE COPY OF THE COMMUNICATION FROM THE PRINCIPAL SECRETARY TO GOVERNMENT, INFORMATION TECHNOLOGY
(C) DEPARTMENT NO.IT-C2/348/2014-ITD
DATED 15.01.2015 Exhibit R5(a) A TRUE COPY OF THE MARK LIST OF AKSHAYA ENTREPRENEURS PUBLISHED BY THE 3RD RESPONDENT DATED NIL Exhibit R5(b) A TRUE COPY OF THE RANK LIST OF AKSHAYA ENTREPRENEURS OF THRISSUR DISTRICT IN PUTHUR GRAMA PANCHAYAT PUBLISHED BY 3RD RESPONDENT DATED NIL Exhibit R5(c) A TRUE COPY OF THE RELEVANT PORTION OF THE NEWSPAPER MATHRUBHOOMI DAILY DATED 02.08.2021 IN THRISSUR EDITION Exhibit R5(d) A TRUE COPY OF THE CERTIFIFCATE OF DIPLOMA IN COMPUTER HARDWARE MAINTENANCE (THREE YEAR COURSE) ISSUED TO 5TH RESPONDENT BY THE JOINT CONTROLLER OF TECHNICAL EXAMINATIONS (KERALA) ON BEHALF OF THE STATE BOARD OF TECHNICAL EDUCATION, KERALA DATED 25.08.2007. Exhibit R5(e) A TRUE COPY OF THE CERTIFICATE OF DEGREE OF B.SC IN COMPUTER SCIENCE ISSUED TO THE 5TH RESPONDENT BY ANNAMALAI UNIVERSITY DATED 17.02.2018
Exhibit R5(f) A TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HON’BLE COURT IN W.P. (C)NO.18689 OF 2022 DATED 27.06.2022.