Disposed

Prakash B L v. Kerala State Information Technology Infrastructure

Kerala HC3 Apr 2018WP(C)/3224/2018

Case brief

AI extract

What is this about?

In a writ petition challenging a selection rank list, the Kerala High Court held that since the 1st respondent cancelled the entire selection process for the post of Finance Executive, challenging the unpublished rank list became academic. The court ordered that if selection proceeds, candidates applying via the original notification must be reconsidered based on eligibility at the time of applica

What the court decided

AI extract

Prakash B L Vs Kerala State Information Technology… — Landlord and Tenant | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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WP(C).No. 3224 of 2018

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PETITIONER

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PRAKASH B. L., S/O. S.R BELSUS RAJ, AGED 29 YEARS, SANTHI NILAYAM, VIZHAVOOR, MALAYAM P.O, THIRUVANANTHAPURAM.

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BY ADVS.SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH

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RESPONDENTS:

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1. KERALA STATE INFORMATION TECHNOLOGY INFRASTRUCTURE LIMITED (KSITIL), 3RD FLOOR, CHANDRASEKHARAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695 033. REPRESENTED BY ITS MANAGING DIRECTOR.

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2. MANAGING DIRECTOR KERALA STATE INFORMATION TECHNOLOGY INFRASTRUCTURE LIMITED(KSITIL), 3RD FLOOR, CHANDRASEKHARAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O.

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3. LEENA. L., AGE AND FATHER'S NAME NOT KNOW TO THE PETITIONER LEENA BHAVAN, VILLAGE OFFICE JUNCTION, ELAVATTOM P.O, PALODE, THIRUVANANTHAPURAM - 695 562.

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R1,R2 BY ADV. SRI.K.A.ABDUL SALAM, SC, R3 BY SRI.MILLU DANDAPANI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/05-04-18

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WP(C).No. 3224 of 2018 ©

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION AS WAS AVAILABLE FROM THE WEBSITE OF THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE BIO-DATA OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE LETTERS CALLING FOR ATTENDING THE INTERVIEW DATED 02.09.2017. EXHIBIT P4 TRUE COPY OF LETTERS CALLING FOR ATTENDING THE INTERVIEW DATED 16.09.2017. EXHIBIT P5 TRUE COPY OF THE INTERVIEW CONDUCTED PURSUANT TO EXHIBIT P4. EXHIBIT P6 TRUE COPY OF THE INTERVIEW ASSESSMENT SHEET. EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 23.09.2017. EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA STATE IT INFRASTRUCTURE LTD RECRUITMENT OF SERVICE RULES, 2010. EXHIBIT P9 TRUE COPY OF THE EXPERIENCE CERTIFICATES. EXHIBIT P10 TRUE COPY OF THE NEWS PAPER REPORTS PUBLISHED IN DECCAN CHRONICLE DATED 18/10/2017 THIRUVANANTHAPURAM EDITION, MANGALAM DATED 09/11/2017 THIRUVANANTHAPURAM EDITION, SUPRABHATHAM DATED 24/12/2017 THIRUVANANTHAPURAM EDITION, DECCA, CHRONICLE DATED 29/01/2018 KOCHI EDITION. EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 11.12.2017. EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 19.01.2018 FROM THE SECRETARY TO GOVERNMENT TO 2ND RESPONDENT.

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/TRUE COPY/

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PA TO JUDGE sdr/05.04.18

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P.V.ASHA, J.

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W.P.(C) No.3224 of 2018-C

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Dated this the 3^rd day of April, 2018

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JUDGMENT

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The petitioner has filed this writ petition apprehending that he was being thrown out in order to favour the 3^rd respondent in the selection conducted for appointment to the post of Finance Executive under the 1^st respondent. The 2^nd respondent has issued Ext.P1 notification dated 1.6.2017 inviting application for the post of Finance Executive on contract basis from candidates with 3 to 5 years experience and practical knowledge in Tally ERP-9 (latest version). Petitioner who is a graduate with MBA (Finance) had submitted his application and attended the interview. The writ petition was filed on 30.1.2018 challenging Ext.P7 rank list of the selection committee in which the petitioner was ranked 2 and the 3^rd respondent was ranked no.1. Petitioner's case is that the 3^rd respondent is over aged and is not even qualified for submitting application and therefore the ranking in Ext.P7 is illegal. He also sought a direction to the respondents to appoint him.

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The 1^st respondent filed a statement stating that the rank list was not even published and the petitioner should not have produced a rank list which was not published. In the statement they have come with another contention saying that the matter was placed before the

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W.P.(C) No.3224/18

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:2:

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45^th meeting of the Board of Directors held on 15.02.2018 and the Board decided to cancel the entire selection process so far done to the post of Executive Finance on the ground that the 1^st respondent is now taking huge projects like the Kerala Fibre Optical Network (KFON), Skill Delivery Platform Kerala (SDPK) etc. and therefore during the implementation of the said projects it can make appointment as and when required. At present there is no requirement of Executive Finance under the respondents. It is stated that the entire selection to the post of Executive Finance is cancelled. The petitioner alleges malafides in the decision of the respondents.

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When the proceedings for selection is cancelled there is no substance in challenging the rank list. However it is made clear that in case the respondents are proceeding for selection and appointment to the post of Finance Executive, the candidates who submitted application pursuant to Ext.P1 shall also be considered in accordance with their eligibility as on the date on which Ext.P1 is issued.

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The writ petition is disposed of accordingly.

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Sd/-

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P.V.ASHA JUDGE

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rkc

Prakash B L v. Kerala State Information Technology Infrastructure

Case brief

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Prakash B L v. Kerala State Information Technology Infrastructure

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