Petitioners challenged the appointment of new staff as regular assistants without publishing the final rank list resulting from their own selection process. The Court found no evidence supporting allegations of illegality or arbitrariness in the selection process or appointments made in accordance with law.
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 SHAJI P.CHALY
TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938
WP(C).No. 9891 of 2010 (J)
PETITIONER(S) :
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WP(C).No. 9891 of 2010 (J)
11. LIMA V.M., LABORATORY TECHNICIAN, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
12. PREETHI JHON, LABORATORY TECHNICIAN, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
13. HONEY N.X., LABORATORY TECHNICIAN, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
14. JIJI GOPALAKRISHNAN, PHARMACIST, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
15. REJINI M.D., PHARMACIST, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
16. VINAYA BALAKRISHNAN, PHARMACIST, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
17. SHAJU K.M., PHARMACIST, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
18. DAIGI DAVIS, PHARMACIST, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
19. SAVITHA K.V., PHARMACIST, CO-OPERATIVE MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, KOCHI.
BY ADVS. SRI.BRIJESH MOHAN SRI.K.S.ARUN KUMAR
RESPONDENT(S) :
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., CO-OPERATIVE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
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WP(C).No. 9891 of 2010 (J)
2. CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, CO-BANK TOWERS, VIKAS BHAVAN P.O.,, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR.
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WP(C).No. 9891 of 2010 (J)
16. SINI VARGHESE, NANELY HOUSE, VENGOOR P.O., ERNAKULAM-683 546.
17. CHITRA S., SURABILA, S.N.PURAM P.O., CHERTHALA, ALAPPUZHA.
18. NEJI A.I., PYNADATHU HOUSE, ANGADIKADAV, ANGAMALY P.O- 683 572.
19. SHALILI S., SHALINI NIVAS, VECHOOR P.O., VAIKOM, KOTTAYAM-686 144.
20. VINOD G., PRABHA BHAVAN, VRITHRAKONAM, EANIKKARA, KARAKKULAM P.O., THIRUVANANTHAPURAM-695 564.
21. MUHAMMED SIYAD V.M., VADAKKEKARIPURATH HOUSE,, KATTIKUNNU, CHEMPU P.O., VAIKOM-686 615.
22. SUMI THANKACHAN, T.K.BUNGLOW, VARINJAM, KARAMCODU P.O., KOLLAM-691 579.
23. ANCY C.J., CHERIYAKUMARAKATH HOUSE, CARBORANDUM ROAD, KALAMASSERY, ERNAKULAM-683 109.
24. ANJU KRISHNAN, GIRIJA BHAVAN, NEDIYAMCODE, DHANUVACHAPURAM P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695 503.
25. MURALEEDHARAN R., KOOTHALAPUR HOUSE, SASTHA COLONY, MALAMPUZHA P.O., PALAKKAD-678 651.
26. NIVEDITHA J.KUMAR, W/O.MURALEEDHARAN R., KOOTALAPURA HOUSE, SATHA COLONY, MALAMPUZHA P.O., PALAKKAD-678 651.
27. DEEPTHY M.K., MELETHIL VEEDU, PANNIVIZHA, ANANDAPPALLY P.O.
28. DEEPA S., KOCHIVILA VEEDU, KANJIRACODU, MULAVANA P.O., KUNDRA, KOLLAM-691 503.
29. SOUMYA S., S.S.VILLA, MADATHIKARANMA P.O., OACHIRA, KOLLAM-690 526.
30. BLESSY MATHEW, OMBALAYIL HOUSE, KOLENCHERRY P.O., ERNAKULAM-682 311.
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WP(C).No. 9891 of 2010 (J)
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31. SHAINY R., PUTHENVELI, PUNNAPRA P.O., ALAPPUZHA-688 004.
32. MAHESH K.M., KOLUKUDIYIL HOUSE, PANDAPPILLY P.O., MUVATTUPUZHA.
33. SIJIMOM K.R., KANIANTHARA HOUSE, CHERUVYPU, KUZHUPPILLY, AYYAMPILLY-682 501.
34. KEDAMATH C.M., KETHARAM, THOTTAPPLLY P.O., ALAPPUZHA-688 563.
35. VIPIN DAS K., KAVUMPADOM HOUSE, MUKKOOTTUTHARA P.O., MUTTAPPALLY, KOTTAYAM-686 510.
36. SHRI.G.SUDHAKARAN, MINISTER FOR CO-OPERATION, KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
R1 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR R2 TO R4 BY ADV. SRI.V.KRISHNA MENON, S.C R11 BY ADV. SMT.A.G.ANEETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 9891 of 2010 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT INVITING APPLICATIONS FOR APPOINTMENT TO VARIOUS POSTS.
EXHIBIT P2: TRUE COPY OF NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT FOR APPOINTMENT TO VARIOUS CATEGORIES OF POSTS IN 4TH RESPONDENT'S COLLEGE.
EXHIBIT P3: TRUE COPY OF INTERVIEW MEMO ISSUED TO THE 4TH PETITIONER VIDE NO.E2-1255/09/CAPE DATED 08.01.2010 BY THE 2ND RESPONDENT.
EXHIBIT P4: TRUE COPY OF PROCEEDINGS DATED 22.03.2010, 20.03.2010 AND 19.03.2010 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS & ANNEXURES :
ANNEXURE R2(A): TRUE COPY OF THE SAMPLE APPOINTMENT ORDER ISSUED TO ONE OF THE PETITIONERS.
ANNEXURE R2(B): TRUE COPY OF THE RELEVANT ITEM OF THE MINUTES OF THE 92ND MEETING HELD ON 03.03.2010.
ANNEXURE R2(C): TRUE COPY OF THE RANKED LIST PREPARED AND PUBLISHED FOR THE 7 POSTS.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
SHAJI P. CHALY, J.
W.P.(C). No.9891 of 2010 ----------------------------------------------Dated this the 9th day of August, 2016
JUDGMENT
This writ petition is filed by the petitioners seeking to
quash Ext.P4 order of appointment issued by the 2nd respondent appointing respondents 5 to 36 as Assistant Lab Technician on a regular basis in Co-operative Medical College, Kochi as per service rules provided thereunder. According to the petitioners, they are working as Radiographers, Anesthesia Technician, ECG Technician, Laboratory Technician and Pharmacists under the 4th respondent from the period ranging from 2003 onwards. They applied for appointment to various posts pursuant to Exts.P1 and P2 notifications. Interview was held pursuant to Ext.P3 memo. Petitioners were informed that, rank list would be published pursuant to the interview showing the ranking of the persons, who participated in the interview. However, Ext.P4 proceedings have been issued appointing respondents 5 to 35 in the 4th respondent college without publishing of
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rank list pursuant to the selection conducted. According to the petitioners, who are fully qualified and experienced to hold the post, are going to be replaced by inexperienced hands, who do not possess the requisite experience as per the notification. It is also alleged that Ext.P4 is learned to have been prepared on the dictates of the office of the Minister for Cooperation. It was apprehending termination of the petitioners from the service, this writ petition is filed consequent to issuance of Ext.P4 appointment order.
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several persons applied, out of whom all the candidates including the petitioners and other contract employees, who possessed the prescribed qualifications were called for interview. All the candidates, who have attended the interview have been ranked by the interview board constituted as per Rules, evident from Ext.R2(c). According to the said respondents, the paramount allegation made by the petitioners that, no rank list was prepared before issuing Ext.P4 order, therefore, cannot be sustained under law. Apart from the same, other allegations raised by the petitioners with respect to the malafides in the matter of selection also stands disputed in the statements filed.
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from the rank list in accordance with the eligibility, persons were appointed as per Ext.P4. Even though wild allegations are made in the writ petition, no documents are produced to substantiate the same. Therefore, it can only be presumed that the entire selection process finally culminated in Ext.P4 order was passed in accordance with law and after due consideration by the Executive Committee on the basis of the select list submitted by the Selection Board.
Resultantly writ petition fails and accordingly the same is dismissed.
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SHAJI P. CHALY JUDGE
smv 12.08.2016
2 issues framed by the court
Whether the writ petition challenging the appointment of new staff for regular basis without publishing the rank list warrants interference.
Whether any illegality, arbitrariness, or irrationality exists in the appointment order warranting interference under Article 226.
Sibeshkumar A.K. and Others
State of Kerala
Co-operative Academy of Professional Education
Principal, Co-operative Medical College
Sini Varghese and Others (Respondents 5-36)
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
