Petitioner challenged the appointment of 24 part-time sweepers alleging corruption due to a second re-interview. The Court found the re-interview justified by the death of the previous officer and urgent shortage, dismissing the writ petition.
Petitioner failed to prove irregularity; selection and appointment to post of Part-time Sweepers upheld.
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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
WP(C).No. 11533 of 2016
PETITIONER:
ABOOABCKER T.P., S/O.ISMAIL,AGED 48 YEARS, THENGUMTHARAPURAYIL HOUSE, CHANGADAKADAVU, NALLURNAD P.O., MANANTHAWADY, WAYANAD, PIN - 670 645.
BY ADV.SRI.M.N.SANJITH
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (HEALTH), SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695 001.
2. DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICE (HEALTH), WAYANAD,MANANTHAVADY, PIN - 670 645.
3. DISTRICT EMPLOYMENT OFFICER, WAYANAD DISTRICT, OFFICE OF THE EMPLOYMENT EXCHANGE, KALPETTA - 673 121.
4. KALARANI P, AYIRAVEETTIL HOUSE, THAZHAMUNDA P.O., KENECHIRA VIA - 673 596.
5. PHILOMINA JOSEPH ERATH HOUSE, KATTIMOOLA P.O., WAYANAD - 670 644.
6. PUSHPAJA M.S., THERUMMAL HOUSE, MUNDAKUTTY P.O., MANANTHAVADY, WAYANAD - 670 645.
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WP(C).No. 11533 of 2016
| 7. |
LALY VARGHESE, W/O.SABU P.R. PARAKKAT HOUSE, MANJAI COLONY S.BATHERY, THOVARIMALA P.O., - 673 592. |
|---|---|
| 8. |
SABARI K.P., KOLIKANDI HOUSE, PORLOME, MATTILAYAM P.O., WAYANAD - 670 731. |
| 9. |
SAVITHRI O CHOLAPPAM HOUSE, KARANI P.O., KANIYAMBETTA, WAYANAD - 673 591. |
| 10. | ALI PUTHIYAKATH |
| PUTHIYOTH HOUSE, KOTTARAKUNNU P.O., VELLAMUND, WAYANAD - 670 731. |
|
| 11. | SOSAMMA P.V. |
| PALIYATHUMOLAL HOUSE, MOOLANKAVE P.O., PIN - 673 592. |
|
| 12. |
LILLY M, MADEDATH HOUSE, EDAVAKA P.O., |
| MANANTHAVADY, WAYANAD - 670 645. | |
| 13. | VASUDEVAN V.M. |
| LALITHAMANDIRAM, | |
| ANJUKUNNU P.O., | |
| MANANTHAVADY, WAYANAD - 670 645. | |
| 14. |
HAREENDRAN P, PALERI HOUSE, PULINJAL, |
| VELLAMUNDA P.O., | |
| MANANTHAVADY, WAYANAD - 670 731. | |
| 15. | LATHA C.MATHEW |
| POONAMKAVIL HOUSE, | |
| ARATTUTHARA P.O., | |
| PERUVAKA, MANANTHAVADY, WAYANAD - 670 645. | |
| 16. | AMBIKA E.C. |
| EDAMANAKULAM, KOLERI P.O., | |
| KENICHIRA VIA, - 673 596. | |
| 17. | SUJATHA V.N. |
| MOONNAMPADIYAL HOUSE | |
NARIKUNDU P.O. AMBALAVAYAL - 673 593. |
WP(C).No. 11533 of 2016
| 18. |
UNNIKRISHNAN P.S.,PULIKKALKUDI HOUSE, KARANI P.O., WAYANAD - 673 591. |
|---|---|
| 19. |
BINDU O.T.,OLAMADATHIL HOUSE, VALAVAYAL P.O., KENICHIRA - 673 596. |
| 20. |
M.C.SANKARAN,KAVUMKUNNU COLONY, KOTTARAKUNNU P.O.,VARAMBETTA, VELLAMUNDA - 670 731. |
| 21. |
SUNEERA M.S.,MANAKKARA HOUSE, THAVINJAL, THALAPPUZHA P.O., WAYANAD 670 644. |
| 22. |
SULEKHA A.K.,W/O.K.P.MOIDEEN, KALAPEEDIKAYIL HOUSE,PUTHUSSERIKADAVU, MANANTHAVADY - 670 645. |
| 23. |
LISY M.J.,W/O.FRANCIS, KULATHIL HOUSE,MANANTHAVADY P.O., AMBUKUTHI,WAYANAD - 670 646. |
| 24. |
SHEEBA P.S., PUTHUKKADVETTIVILA HOUSE, EDAMALA, MULLANKOLLY P.O., PULPALLY - 673 579. |
| 25. |
JOHNSON T.M.,THAZHASSERI HOUSE, AMBUKUTHUMUDANAM, MANANTHAVADY, WAYANAD - 670 645. |
| 26. |
ANIL KUMAR L,PREMAVILASAM, PERUVAKA,ARATTUTHARA, WAYANAD - 670 645. |
| 27. |
GEETHA P.R., PARAYIL HOUSE, KABANIGIRI P.O.,PULPALLY - 673 579. |
| R1 TO R3 BY SENIOR GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH R4 TO R27 BY ADV. SHYAM.V |
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 11533 of 2016 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 TRUE PHOTOCOPY OF THE EXPERIENCE CERTIFICATE ISSUED BY LAW SECRETARY AND TREASURER OF DISTRICT HOSPITAL, MANANTHAVADY, WAYANAD DATED 24/11/2015. EXT.P2 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, NALLOOANAD VILLAGE. EXT.P3 TRUE COPY OF THE INTERVIEW LETTER DATED 11/11/2015 ISSUED BY RESPONDENT NO. 2 TO THE PETITIONER EXT.P4 TRUE COPY OF THE INTERVIEW NOTICE DATED 24/02/2016 ISSUED BY RESPONDENT NO. 2 TO THE PETITIONER. EXT.P5 TRUE COPY OF ORDER BEARING NO. A2/1648/013/G.M.O.(H) DATED 04/03/2016 ISSUED BY RESPONDENT NO. 2 EXT.P6 TRUE COPY OF THE REPLY ISSUED BY RESPONDENT NO. 3 DATED 15/05/2016. EXT.P7 TRUE COPY OF THE NEWS ITEM PUBLISHED BY DESHABHIMANI DAILY DATED 05/04/2016.
RESPONDENT'S EXHIBIT
EXHIBIT R2(A) A TRUE COPY OF THE MODIFICATION ORDER DATED 08.03.2016
/TRUE COPY/
PA TO JUDGE
PBS 28/2/2018
P.V.ASHA, J.
W.P(C) No.11533 of 2016-N
Dated this the 22nd day of February, 2018
JUDGMENT
The petitioner, who claims to have been working as Laundryman in the District Hospital, has filed this writ petition challenging the selection and appointment of 24 Part-time Sweepers in the Government Hospital, Wayanad by the District Medical Officer, Wayanad. The petitioner's complaint is that even though a notification was issued in the year 2015 and an interview was conducted in November, 2015 on 24th and 25th , the respondents conducted another interview after issuing Ext.P4 notice dated 24.2.2016 and thereafter issued orders of appointment on 4.3.2016 to respondents 4 to 27. It is therefore stated that the selection is vitiated by favouritism and corruption. In support of this contention, the petitioner has produced Ext.P7 news item published in Deshabhimani daily dated 5.4.2016.
W.P(C) No.11533 of 2016-N. 2
order and seeking a direction to conduct a fresh interview to the post of Parttime Sweepers in the Health Department in Wayanad district.
W.P(C) No.11533 of 2016-N. 3
marks were awarded in accordance with the circulars which are in force observing the rules of reservation. It is therefore stated that the appointments were made strictly in accordance with the rules. All the candidates, who appeared in the selection, were sponsored by the the employment exchange.
4
W.P(C) No.11533 of 2016-N.
Sweepers is illegal. Moreover, the petitioner has not filed any reply affidavit controverting any of the contentions raised in the counter affidavit or pointing out any violation of rules or orders in force in conducting the selection.
interfere with the selection or appointment leading to Ext.P5 to the post of
Part-time Sweepers.
Accordingly, the writ petition is dismissed.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether the selection process for part-time sweepers was vitiated by favouritism and corruption necessitating a fresh interview.
Whether the decision to conduct a re-interview due to the death of the previous District Medical Officer rendered the appointment illegal.
ABOOABCKER T.P.
STATE OF KERALA
DISTRICT MEDICAL OFFICER, WAYANAD
DISTRICT EMPLOYMENT OFFICER, WAYANAD DISTRICT
KALARANI P
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
