The High Court of Kerala dismissed the petitioner's appeal against the Administrative Tribunal's rejection of his claim for appointment as a Bugler Police Constable, holding that sponsorship by the Employment Exchange does not grant an indefensible right to appointment.
The original petition is 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 MR.JUSTICE V.CHITAMBARESH &
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940
OP(KAT).No. 231 of 2017
AGAINST THE ORDER DATED 13-12-2016 IN TA 2397/2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
V.K.SUJITH,AGED 25 YEARS, S/O.V.K.KUNHIKANARA PANIKKER, VALARPPANKANDIYIL HOUSE, CHEKKIAD P.O., KOZHIKODE – 673 509.
BY ADVS. SRI.SHABU SREEDHARAN SRI.C.RAJESWARA KUMAR SRI.JINSON OUSEPH SRI.M.RAHUL SRI.S.VIJAYAN SRI.V.PRINCE DEV
RESPONDENTS/RESPONDENTS:
4 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM – 695 004.
SRI.ANTONY MUKKATH-GP SRI. P.C.SASIDHARAN-SC,PSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) 231/2017
2
JUDGMENT
Chitambaresh, J.
True it is that the petitioner was sponsored by the Employment Exchange for appointment to the post of Bugler Police Constable. But the selection did not take place due to the inconvenience of one of the members of the interview board. The selection has since been brought under the purview of the Public Service Commission by Government Order dated 26.02.2011. Nevertheless appointment to the post has not commenced since the Special Rules have not been framed so far.
OP(KAT) 231/2017
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entitled to any relief and the tribunal was correct in rejecting his plea.
The original petition is dismissed.
Sd/- V. CHITAMBARESH JUDGE
Sd/- A.M. BABU JUDGE
ncd
OP(KAT) 231/2017
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EMPLOYMENT CERTIFICATE DATED 24-8-2009.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CARD BEARING REGISTRATION NO.6066/2003 AND DATED 12-9-2003.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 20-3-2010. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 16-6-2011. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 27-7-2011.
EXHIBIT P6 TRUE COPY OF THE QUERY MADE BY THE PETITIONER AND THE DATA FURNISHED BY THE 1ST RESPONDENT DATED 23-7-2011. EXHIBIT P7 THE TRUE COPY OF THE G.O. (MS)NO.96/76/HOME DATED 26-07-1976.
3 issues framed by the court
Whether a petitioner sponsored by the Employment Exchange has an indefensible right to appointment.
Whether the petitioner can secure appointment merely based on being sponsored by the Employment Exchange.
Whether special rules must be framed before an appointment can be commenced.
Colour shows how this judgement treated each authority
Unnikrishnan Nair v. State of KeralaReferred¶22
Unnikrishnan Nair v. State of Kerala [2019 (1) KLT 896 (FB)]
V.K. SUJITH
THE COMMANDANT, 4TH BATTALION, KERALA ARMED POLICE
THE DEPUTY INSPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, THIRUVANANTHAPURAM
THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME, GOVERNMENT OF KERALA
KERALA PUBLIC SERVICE COMMISSION
V. CHITAMBARESH
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
