Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 20790 OF 2023 PETITIONER: VINOD KUMAR V AGED 46 YEARS S/O. LATE NARAYANAN.V, VARIKKOTTIL HOUSE, ANGADIPPURAM P. O., MALAPPURAM DISTRICT, MOBILE NO.:-903 797 1102, PIN - 679338. BY ADVS. VAISAKHI V. BABU KARUKAPADATH M.A.VAHEEDA BABU P.U.VINOD KUMAR ARYA RAGHUNATH T.M.MUHAMMED MUSTHAQ AJWIN P LALSON KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M. SHIFANA KAISE RESPONDENTS: 1 THE KERALA PUBLIC SERVICE COMMISSION THULASI HILL, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695004. 2 THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, THULASI HILL, PATTOM, THIRUVANANTHAPURAM, PIN - 695004. 3 KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695033. *ADDL R4 ANGADIPURAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ANGADIPURAM, MALAPPURAM, PIN 679 321. *ADDL R5 THE SECRETARY ANGADIPURAM GRAMA PANCHAYATH, ANGADIPURAM, MALAPPURAM, PIN 679 321.
*[ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER
DATED 11.07.2023 IN I.A.01/2023 IN WP(C) 20790/2023.] BY ADVS. P.C.SASIDHARAN VAISAKHI V. WP(C) NO. 20790 OF 2023 2 ABDUL NISHAD P NAJMA THABSHEERA.T(K/867/2019) K C MOHAMED RASHID(K/1341/2023) KAVYA S.A.(K/578/2016) SRI.P.M. JOHNY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20790 OF 2023 3
JUDGMENT
In pursuance to the notification dated 16.7.2012, the petitioner applied for the post of Lower Division Clerk in Kerala Water Authority. The petitioner states that he has a Bachelor of Commerce (B.Com) degree, a Diploma in Computerized Office Management, and also passed in Computer Word Processing. According to him, the qualifications acquired by him satisfy the prescribed requirements for the examination. The petitioner states that he appeared for the exams and performed creditably. However, when the probability list was published, his name was not included. In light of these circumstances, he submitted Exhibit P11 representation before the 1st respondent. The grievance of the petitioner is that no action has been taken pursuant to the same. It is in the afore circumstances that this writ petition is filed seeking the following reliefs:-
i) issue a writ of certiorari or other appropriate writ, order or direction Quashing/setting aside Exhibit P9 Probability List and Exhibit P12 Addendum Notification published in pursuance to Exhibit P5 Notification only to the extent to which those do not include the register number of the petitioner -S 102919; ii) issue a writ of certiorari or other appropriate writ, order or direction Quashing/setting aside Exhibit P10 only to the extent to which it shows that, the petitioner has no proper qualifications for appointment to the post of Lower Division Clerk in Kerala Water Authority iii) Call for a report from the 3rd respondent or other authority subordinate to it to the effect that the qualifications of the petitioner as evidenced by Exhibits P2 and P3 certificates issued by Angadipuram Grama Panchayath and Government of Kerala Board of WP(C) NO. 20790 OF 2023 4 Technical Examinations are proper qualifications for appointment to the post of Lower Division Clerk in Kerala Water Authority in pursuance to Exhibit P5; iv) Direct the 1st respondent to favourably consider and pass orders in Exhibit P11 by including the register number of the petitioners 102919 in Exhibit P9 Probability List; v) Direct the respondents to issue fresh notification in the place of Exhibit pg and P12 by including the register number of the applicant also at the appropriate place;
vi) Direct the respondents to treat the application submitted by the applicant for Category No.345/2012 Lower Division Clerk in Kerala Water Authority, as valid and subsisting and include him in Exhibit P9 and P12 and also in the Ranked List to be published, by giving appropriate ranking based on his qualification and written test score and further duly advice him based on his ranking in the revised Probability List and Ranked List;
2. A counter affidavit has been filed by respondents 1 and 2. It
is stated therein that it is pursuant to the directions issued by a Division Bench of this Court in W.A No.1501/2015 that selection to the post of LDC in Kerala Water Authority was proceeded with, and an OMR-based examination was conducted for the post on 2.11.2022. Based on OMR test, a probability list was published on 3.6.2023 by including the candidates who have secured 40 marks and above in the main list, and a subsequent supplementary list was published whereby the requisite marks have been lowered to the extent necessary. Thereafter, an addendum notification including additional candidates was published on 8.6.2023. It is further stated that the petitioner has not secured sufficient marks to be WP(C) NO. 20790 OF 2023 5 included in the main list or supplementary list of Ezhava/Thiyya/Billava category. It is further stated that as per the GO(P)27/2016/WRD dated 11.6.2016, the qualification of certificate in Data Entry and Office Automation was deleted by amending the Kerala Water Authority (Administrative, Ministerial and Last Grade) Service Rules, 2011 and degree has been ordered as the amended qualification of LDC in Kerala Water Authority. Thereafter, as per the request of the Managing Director of Kerala Water Authority, subsequent vacancies reported from the Kerala Water Authority have been filled up from the ranked list. The marks secured in the examination are also a major criteria to be included in the probability list. As the mark obtained by the petitioner was not enough to include him in the probability list, his application was not considered for the next stage of the selection process.
3. The learned counsel appearing for the petitioner points out
that in the counter affidavit, it has been mentioned that the requisite marks have been lowered to the extent necessary. According to the learned counsel, the petitioner falls under the OBC category, and as the respondents have not mentioned the marks that the petitioner had secured, serious injustice was caused.
4. I have heard the learned Standing Counsel appearing for the
respondents as well. I find that Ext.P5 is the notification issued. Insofar as WP(C) NO. 20790 OF 2023 6 Ezhava/Thiyya/Billava candidates, no specific criteria have been mentioned therein. As the petitioner failed to secure the marks for qualification, the grievance of the petitioner cannot be entertained. This petition will stand dismissed. Sd/- RAJA VIJAYARAGHAVAN V JUDGE Sru WP(C) NO. 20790 OF 2023 7 APPENDIX OF WP(C) 20790/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE B.COM CERTIFICATE DATED CALICUT UNIVERSITY. Exhibit P2 A TRUE COPY OF THE DIPLOMA IN COMPUTERIZED
OFFICE MANAGEMENT CERTIFICATE DATED 18/10/1999 OF THE PETITIONER SHOWING A PASS IN GRADE B BASED ON PRACTICAL AND THEORY EXAMINATION ISSUED BY ANGADIPURAM GRAMA PANCHAYATH. Exhibit P3 A TRUE COPY OF THE PASS CERTIFICATE OF THE APPLICANT IN COMPUTER WORD PROCESSING DATED BOARD OF TECHNICAL EXAMINATIONS. Exhibit P4 A TRUE COPY OF THE PASS CERTIFICATE IN FIRST CLASS IN WORD PROCESSING AND DATA ENTRY, OF THE PETITIONER ISSUED BY THE KERALA STATE RURAL WOMEN'S ELECTRONICS INDUSTRIAL CO-OPERATIVE FEDERATION LTD (RUTRONIX) DATED 29/05/2017. Exhibit P5 A TRUE COPY OF THE NOTIFICATION DATED INVITING APPLICATIONS FROM ELIGIBLE CANDIDATES FOR APPOINTMENT TO POST OF LOWER DIVISION CLERK IN KERALA WATER AUTHORITY AS CATEGORY NO.345/2012. Exhibit P6 A TRUE COPY OF THE ADMISSION TICKET DATED NIL ISSUED TO THE PETITIONER FOR ATTENDING WRITTEN EXAMINATION ON 02/11/2022 WITH REGISTRATION NO.S102919. Exhibit P7 A TRUE COPY OF THE MESSAGE RECEIVED ON PROFILE OF THE PETITIONER, INSTRUCTING TO UPLOAD ALL DOCUMENTS SHOWING THAT THE PETITIONER HAS THE REQUIRED QUALIFICATIONS FROM OTHER GOVERNMENT OR GOVERNMENT APPROVED INSTITUTIONS. Exhibit P8 A TRUE COPY OF THE MESSAGE DATED 12/04/2023 RECEIVED IN THE PROFILE OF THE PETITIONER FROM THE 1ST RESPONDENT PSC. Exhibit P9 A TRUE COPY OF THE PROBABILITY LIST NOTIFICATION DATED 03/06/2023 ISSUED BY THE 1ST WP(C) NO. 20790 OF 2023 8 RESPONDENT CONTAINING THE REGISTER NUMBERS OF CANDIDATES WHO ARE FOUND PROVISIONALLY ELIGIBLE TO BE INCLUDED IN THE RANKED LIST, IN PURSUANCE TO EXHIBIT P5 NOTIFICATION. Exhibit P10 A TRUE COPY OF THE PSC PROFILE OF THE PETITIONER SHOWING HIS APPLICATION STATUS TO THE NOTIFIED POST WHEREIN IT WAS SEEN AS DISPOSED, FOR "NO PROPER QUALIFICATIONS, NOT IN SHORT LIST". Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED THE CHAIRMAN OF THE 1ST RESPONDENT AGAINST THE NON INCLUSION OF HIS NAME IN EXHIBIT P9 ALONG WITH ITS RECEIPT. Exhibit P12 A TRUE COPY OF THE ADDENDUM NOTIFICATION DATED INCLUDING TWO MORE IN EXHIBIT P9 PROBABILITY LIST. Exhibit P5(a) A TRUE COPY OF THE RELEVANT PAGES OF THE GENERAL INSTRUCTIONS.