The High Court dismissed the writ appeal challenging the dismissal of a petition contesting employment selection. The court upheld the finding that the petitioner was guilty of delay and laches, and found no merit in the challenge to the selection marks method.
None; the appeal was dismissed and the original writ petition remitted by the single judge was dismissed.
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 THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 8TH DAY OF DECEMBER 2014/17TH AGRAHAYANA, 1936
WA.No. 1670 of 2014 ()
-----------------------------------(AGAINST THE JUDGMENT IN WP(C).NO. 14878/2011 DATED 14-03-2014)
APPELLANT/WRIT PETITIONER :
A.M. HAREES,S/O.A.M.HANEEFA RAWTHER(LATE), ASSISTANT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE II, ERNAKULAM, PERUMBAVOOR, RESIDING AT 'MADEENA', MANGARAM, PADALAM, PATHANAMTHITTA.
BY ADV. SRI.R.SREERAJ
RESPONDENT(S)/RESPONDENTS :
1. STATE OF KERALA,
2. THE KERALA STATE POLLUTION CONTROL BOARD,
3. THE INSTITUTE OF MANAGEMENT IN GOVERNMENT,
4. SMT. SAUMA HAMEED, POOVALAPPIL, NARIKUNI VAYAL, CHELAVOOR.P.O., KOZHIKODE-673 571
5. SMT. RAMYA.G., POORNIMA, ASHRAM ROAD, KALADY.P.O.,
6. SHRI.AURTHER XAVIER.J., ANNAI ILLAM, CANAL PIRIVU, PAMPAN PALLAM.P.O., PALAKKAD-678 621
7. SHRI.DINESH.K.S., KOTHAKULANGARA HOUSE,
8. SMT. SACHITHRA.K., KUMARAM PULAKKIL,
2/-
sts
-2-
W.A.NO.1670/2014
9. SMT. SREELAKSHMI.P.B., PUNCHPOKKATH HOUSE, VYLOOR, NELLAYI.P.O., THRISSUR-680 305
10. SMT. SHABNA KUSHE SHEKAR.P.P., XI/827 A, SHABNAM, PALLIKKUNNU.P.O., KANNUR-670 004
11. SMT. SIMI.P., SIMI NIVAS, POWER HOUSE WARD, ALAPPUZHA-688 007
12. SMT. PREMALATHA.S., NARAYANA VILASOM, PUTHENKULAM.P.O., KOLLAM-691 302
13. SMT. SUCHITHRA.V., LEELA NIVAS, MAMMIYOOR, GURUVAYOOR.P.O., THRISSUR-680 101.
R1 BY SPL.GOVERNMENT PLEADER SMT. GIRIJA GOPAL R2 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD R3 BY SMT.M.A.VAHEEDA BABU, SC, INSTITUTE OF MANAGEMENT R4,R9 TO R11 BY ADV.SRI.B.UNNIKRISHNA KAIMAL R5 BY ADV.SRI.B.ASHOK SHENOY
R13 BY ADV. SRI.RAJIT
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
Ashok Bhushan, Ag. C.J & A.M. Shaffique, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-= W.A. No.1670 of 2014
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= Dated this, the 8th day of December, 2014.
J U D G M E N T
Shaffique, J.
The appellant has filed the writ petition challenging the judgment dated 14.3.2014 of the learned Single Judge in W.P(C) No. 14878/2011.
W.A. No.1670 of 2014 -: 2 :-
was not maintainable on account of delay and laches and, accordingly, the writ petition was dismissed.
W.A. No.1670 of 2014
-: 3 :-
we do not think that the petitioner/appellant has any case on merits. The official respondents have adopted a method which is well accepted in conducting written test and interview.
Under these circumstances, we are not interfering with the judgment of the learned Single Judge in exercise of our appellate jurisdiction. Hence, the appeal is dismissed.
Ashok Bhushan, Ag. Chief Justice
A.M. Shaffique, Judge.
Tds/
3 issues framed by the court
Whether the writ petition was maintainable despite delay in filing the original petition.
Whether the appellant had any case on merits regarding the selection process marks.
Whether interference with the lower court's decision on lack of merit was warranted.
A.M. Harees
State of Kerala
The Kerala State Pollution Control Board
The Institute of Management in Government
Smt. Sauma Hameed
Smt. Ramya.G.
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
