Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 WP(C) NO. 17471 OF 2023 PETITIONER: THARA J AGED 45 YEARS, W/O. SAJI K., RESEARCH OFFICER, REGIONAL ANALYTICAL LAB, KAKKANAD RESIDING AT RATHEESH BHAVANAM, THAZHAVA, KADATHOOR P.O, KARUNAGAPALLY, KOLLAM, PIN - 690523 BY ADVS. P.VIJAYAKUMAR C.R.REGHUNATHAN R.BALAKRISHNAN B.HARRYLAL RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI, PIN - 100001 2 MEMBER SECRETARY (FAE BOARD) FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, FDA BHAWAN, KOTLA ROAD, NEW DELHI, PIN - 110002 3 STATE OF KERALA REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 690001 4 COMMISSIONER HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 690001 5 GOVERNMENT ANALYST REGIONAL ANALYTICAL LABORATORY, KAKKANAD, ERNAKULAM, PIN - 682030 SRI. S.MANU, SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C) No.17471 of 2023 ---------------------------------------------- Dated this the 25th day of August, 2023
JUDGMENT
The above writ petition is filed with the following prayers: “(i) Call for the records leading up to Ext P19 and quash the same by issuing a Writ of Certiorari.
(ii) Declare that the Petitioner having got
more than 18 years’ experience in Food Analysis since her entry under the State Government Service as Technical Assistant Grad-II in 2003 and having other qualifications including M.Sc Chemistry and qualified in 8th Food Analyst Examination 2022 is entitled to be issued with the consequential qualifying certificate of 8th Food Analyst Examination 2022.
(iii) Issue a Writ of mandamus directing the 2nd respondent to issue forthwith the certificate of qualifying the 8th Food Analyst Examination 2022 in favour of the Petitioner.
(iv) Dispense with filing of the translation of vernacular documents.
(v) Grand such other relief that may be just, proper and necessary in the interest of justice.”[SIC]
2. When this writ petition came up for consideration on 05.07.2023, this Court passed the following order:
“The DSGI will get instructions who has to include a candidate in the DPC. The Govt.Pleader submitted that the petitioner is included in the final list as per G.O.(K) No.107/2023/H & PWD dated 3/5/23. Post on 11/7/23.”
3. Thereafter, when the matter came up for consideration on 11.7.2023, this Court passed the following order: “I.A.No.1 of 2023 Read order dated 5/7/2023. There will be a direction to R1 and R2 to provisionally include the petitioner in the list of Research Officers to be considered for promotion to the post of Deputy Government Food Analyst to be placed before the DPC, to be constituted for the purpose.”
4. Today when the matter came up for
consideration, the counsel appearing for the petitioner submitted that the petitioner obtained Food Analyst Examination Board Certificate issued by the 2 nd respondent and the FSSAI certificate is already forwarded to the State Government through proper channel. The Government Pleader submitted that, if the petitioner is having FSSAI certificate, the petitioner will be included in the DPC. In the light of the same, nothing survives in this case. Recording the above submission, this writ petition is closed. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 17471/2023 PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
NO.ED4-33510/00/DHS DATED 22.10.2003 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER OF PROMOTION DATED 05.03.2018 TOWARDS PROMOTION OF THE PETITIONER TO THE POST OF RESEARCH OFFICER
EXHIBIT P3 TRUE COPY OF THE TRANSFER ORDER
ISSUED TO THE PETITIONER DATED 13.12.2018 EXHIBIT P4 TRUE COPY OF THE RELEVANT RULE2.1.4 OF FOOD SAFELY AND STANDARDS RULES OF 2011 PROVIDING FOR QUALIFICATIONS TO THE POST OF DEPUTY GOVERNMENT ANALYST EXHIBIT P5 TRUE COPY OF THE M.SC DEGREE CERTIFICATE ISSUED TO THE PETITIONER FROM KERALA UNIVERSITY ON HER PASSING THE M.SC EXAMINATION DATED 11.03.2022
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 10.03.2022 ISSUED BY THE 2ND RESPONDENT FOR THE CONDUCT OF FOOD ANALYST EXAMINATION 2022 EXHIBIT P7 TRUE COPY OF THEELIGIBILITY CRITERIA FOR TAKING THE EXAMINATION FOOD ANALYST 2022 NOTIFIED BY THE 2ND RESPONDENT IN THE FSSAI WEBSITE EXHIBIT P8 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER EXHIBIT P9(A) TRUE COPY OF THE ADMIT CARD/HALL TICKET ISSUED TO THE PETITIONER FOR THEORY PAPER EXHIBIT P9(B) TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER FOR TAKING THE PRACTICAL TEST AFTER PETITIONER QUALIFIED THE THEORY PAPER EXHIBIT P10(A) TRUE COPY OF THE RESULT IN THEORY TEST DATED 23.06.2022 EXHIBIT P10(B) TRUE COPY OF THEFINAL RESULTS DATED 21.12.2022 ANNOUNCED AFTER PRACTICAL AND VIVA TEST EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 01.11.2022 ISSUED FROM THE OFFICE OF 2ND RESPONDENT EXHIBIT P12 TRUE COPY OF SAID EXPERIENCE CERTIFICATE DATED 07.11.2022 ISSUED BY 5TH RESPONDENT EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 22.12.2022 ISSUED FROM THE OFFICE OF 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE CLARIFICATION OFFERED BY THE PETITIONER TO THE 2ND RESPONDENT BY E-MAIL DATED 23.12.2022
EXHIBIT P15 TRUE COPY OF THE E-MAIL
COMMUNICATION DATED 23.12.2022
ISSUED FROM THE OFFICE OF 2NDRESPONDENT EXHIBIT P16 TRUE COPY OF THE SAID EXPERIENCE CERTIFICATE DATED 26.12.2022 ISSUED BY 5TH RESPONDENT EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 10.04.2023 SUBMITTED BY THE PETITIONER EXHIBIT P18 TRUE COPY OF THE PETITIONER SUBMITTED FURTHER REMINDER ON 17.05.2023 EXHIBIT P19 TRUE COPY OF THE FINAL COMMUNICATION DATED 18.05.2023 DECLINING THE PETITIONER'S REQUEST, ISSUED BY THE OFFICE OF 2ND RESPONDENT EXHIBIT P20 TRUE COPY OF GAZETTE NOTIFICATION NO. G.S.R.33(E) DATED 16.1.2023 BY THE 1ST RESPONDENT EXHIBIT P21 TRUE COPY OF THE KERALA STATE GOVERNMENT ORDER DATED 27.08.1983 EXHIBIT P22 TRUE COPY OF THE FOOD ANALYST EXAMINATION BOARD CERTIFICATE DATE 21.12.2022 NOW RECOEVED BY THE PETITIONER ANNEXURE 1 TRUE COPY OF THE INTERIM ORDER DATED 11.07.2023 RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE