Petitors challenged the Kerala Public Service Commission's notification for recruitment, seeking directions to exclude candidates with higher qualifications. The Court found the writ premature as the Commission had not decided on qualification acceptance and the selection process was ongoing, closing the petition without prejudice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934
WP(C).No. 28390 of 2012 (W)
PETITIONERS:
1. BINITHA CHANDRAN.R.,W/O.RAGESH RAJU, AGED 28 YEARS,'KATTUNKALVELI', PARAVOOR, PUNNAPRA NORTH, ALAPPUZHA-688 014.
2. REMLA.R, 'REMLA MANZIL', AVANEESWARAM RS P.O, KUNNICODE, KOLLAM-691 508.
3. GIRIJA.P.N., W/O.ANISHKUMAR, AGED 40, 'NANDANAM', ANAPADU, CHANAPPARA.P.O, KADAKAL, KOLLAM-695 571.
4. MAHESH.V.S, VASUMATH, AITHARA JUNCTION, MALYINKIL.P.O, THIRUVANANTHAPURAM. 695 571.
BY ADV. SRI.A.G.BASIL.
RESPONDENTS:
1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.
2. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM- 695 033.
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W.P.(C).NO.28390/2012-W:
3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001.
4. MANI DEEPA, THRIKKULAM, PULIMADU.P.O, THIRUVANANTHAPURAM, PIN-685 001.
5. DEEPA, 'UTHRADOM', PALAKKUNNU, CHARKARA, THIRUVANANTHAPURAM -695 001.
6. SALINI JOHN, THEDINCHUVILAKAM, PULLAMANA, AMARAVALA.P.O, THIRUVANANTHAPURAM, PIN-695 122.
R1 BY ADV. SRI.P.C.SASIDHARAN, S.C, R2 BY ADV. SRI.MILLU DANDAPANI, S.C, R3 BY SR. GOVERNMENT PLEADER SMT. M.J. RAJASREE, R6 BY ADVS. SRI.B.ASHOK SHENOY, SMT.C.G.PREETHA, SRI.K.V.GEORGE, SRI.P.N.RAJAGOPALAN NAIR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C). NO.28390/2012-W:
APPENDIX
PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
Prv.
P.R. RAMACHANDRA MENON, J.
W.P. © No.28390 OF 2012
Dated this the 11th December, 2012
J U D G M E N T
The petitioner has approached this Court with the following
prayers:
“(a) issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 1st respondent not to include in the Final Rank List the names of any candidates, including Respondents 4 to 6, who have applied for in response to Ext.P1 Notification like 3-Year Diploma and B.Tech Degree.
(b) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 1st respondent to prepare a final rank list in pursuance to Ext.P1 notification strictly complying with the norms prescribed in Ext.P1 notification.
c) Declare that persons holding higher qualifications, other than what is prescribed in Ext.P1 Notification, including respondents 4
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to 6, are not entitled to be considered for appointment to the post of Tracer/Overseer Gr.III, in pursuance to Ext.P1 Notification
(d) to grant such other appropriate reliefs to the petitioners as this Hon'ble Court may deem fit and proper in the interest of justice. ”
learned Standing Counsel appearing for the PSC submits with reference to paragraph '6' of the counter affidavit already filed before this Court that the Commission has not taken any decision regarding acceptance of the qualification other than those mentioned in the Notification . It is also stated that the selection process is half-way through and that there is absolutely no basis for the apprehension expressed from the part of the petitioner.
In the said circumstance, this Court does not find any reason to call for interference at this stage as it is premature. The submission made by the Standing Counsel for the P.S.C. with reference to the contents of the counter affidavit is recorded. The writ petition is closed for the time being without
W.P. © No.28390 OF 2012
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prejudice to the rights and liberties of the petitioner to approach
this Court, if at all further cause of action arises .
P.R. RAMACHANDRA MENON, JUDGE.
lk
Binitha Chandran.R. others
Kerala Public Service Commission
Kerala Water Authority
State of Kerala
Mani Deepa others
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
