This writ appeal arose from the High Court of Kerala. The appellant challenged a Single Judge's dismissal of a writ petition based on delay and laches, concerning non-selection for a post reserved for ex-servicemen. The High Court upheld the dismissal, finding the Single Judge justified in the terms.
None.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 15TH DAY OF JULY 2013/24TH ASHADHA, 1935
WA.No. 311 of 2011
WP(C) 2674/2011 of HIGH COURT OF KERALA DATED 08-02-2011
APPELLANT(S)/PETITIONER:
SURESH M., S/O. MANIKANTAN PILLAI, AGED 38 YEARS, SUNITHA BHAVAN, KULATHUMMAL KATTAKKADA P.O., THIRUVANANTHAPURAM-695 572.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENT(S)/RESPONDENTS:
R1 & 2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
R3 BY GOVERNMENT PLEADER SMT.GIRIJA GOPAL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR, C.J. & K.VINOD CHANDRAN,J.
-----------------------------------W.A.No.311 OF 2011 OF
Dated this the 15th day of July, 2013
JUDGMENT
Manjula Chellur,C.J.
The appellant was the writ petitioner before the learned Single Judge. According to him he had been in Indian Army for about 16 years as a clerk and being an Exservice man he applied for the post of L.D.Typist reserved for Ex-service men in the Department of Sainik Welfare/N.C.C in Thiruvananthapuram in response to Ext.P2 notification. Though his name was included in the short list, his name was not seen in the final rank list which came to be published on 27/1/2010. Subsequently, he learnt that he was not selected on the ground that he had no qualification in “Word Processing”. His main contention is that though similarly situated persons received communication from the Public Service Commission (in short “the P.S.C”), no
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communication of any nature was received by him rejecting his candidature giving reasons for such rejection.
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not approach this Court on earlier occasion. If that explanation was considered to be true, it was also known to the petitioner that the persons mentioned in the rank list were already appointed and they had joined duty. Except the first rank holder, none of them were impleaded in the writ petition. Even though he tried to explain the delay that he was expecting a rejection letter with reasons, as was done, in the case of similarly placed persons, it is not his case that similarly placed persons were subsequently included in the rank list or they were also included provisionally by virtue of any order or judgment of any Court.
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dismissed the writ petition only on the ground of delay and laches without going into the merits of the case. The appellant who is having knowledge that the selection list was already published and consequently the rank list was also published, had kept quiet for about 11 months and the explanation is that he had been making enquiries with the PSC. We cannot understand what information he was seeking and why the matter was kept pending for almost 11 months. If at all he had given any representation, nothing is placed before us to understand that he had approached the P.S.C promptly.
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automatically any benefit which could be extended by virtue of the interim order also vanishes.
Writ appeal is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE.
K.VINOD CHANDRAN, JUDGE.
uj.
2 issues framed by the court
Whether the writ appeal was liable to be dismissed on the grounds of delay and laches despite the appellant's claim of defective rejection letter.
Whether the dismissal of the appeal on merits affects the benefit of the interim order granting provisional list inclusion.
Suresh M.
Kerala Public Service Commission
State of Kerala
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
