A writ petition filed by a petitioner aggrieved by the delay in appointment to the post of Kidupidi. The court noted the vacancy was for the Ezhava community, unavailable, necessitating an NCA notification. Finding no relief grantable in the present circumstances, the petition was dismissed.
Dismissing the writ petition with no relief granted.
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 SUNIL THOMAS
WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943
WP(C) NO. 10726 OF 2021
PETITIONER/S:
REGHU A. N., AGED 31 YEARS, S/O. NARAYANAN, ANGALOOR, PAMPADY WEST P. O., THIRUVILWAMALA, THRISSUR DISTRICT, PIN - 680 588.
BY ADVS. C.A.CHACKO SMT.C.M.CHARISMA
RESPONDENT/S:
1 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR - 680 001.
2 KERALA DEVASWOM RECRUITMENT BOARD (KDRB), REPRESENTED BY ITS SECRETARY, 2ND FLOOR, DEVASWOM BUILDINGS, M. G. ROAD, OPPOSITE GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM - 695 001.
3 ADDL.R3.VIPIN.T.V, AGED 30 YEARS S/O.VENUGOPAL K.P., THECHILLATH HOUSE, PERUVANAM, CHERPU P.O., PIN-680 561, THRISSUR DISTRICT
IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 11.08.2021 IN I.A.1/2021 IN WP(C) 10726/2021.
BY ADVS. K.S.BHARATHAN AADITHYAN S.MANNALI VISAKH ANTONY ABEL ANTONY
SC,V.V.NANDAGOPAL NAMBIAR,
SC K.P SUDHEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 10726 OF 2021
JUDGMENT
The petitioner aggrieved by the delay in appointing the petitioner to the post of 'Kidupidi' in spite of obtaining second
rank in Ext.P1 rank list, has approached this court. The grievance of the petitioner was that, the rank list has expired on 12.06.2021. A statement has been filed by the second respondent to which the petitioner has filed reply affidavit. By this court order dated 31.05.2021, one vacancy was ordered to be reported on or before 12.6.2021. It was further directed that appointment shall be made on further orders of this court.
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WP(C) NO. 10726 OF 2021
available, NCA notification is to be issued.
granted in the writ petition in the present circumstances.
Writ Petition fails and is accordingly dismissed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
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WP(C) NO. 10726 OF 2021
APPENDIX OF WP(C) 10726/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF RANK LIST TO THE POST OF KIDUPIDI PUBLISHED BY 2ND RESPONDENT VIDE NOTIFICATION DATED 13.06.2018. EXHIBIT P2 TRUE COPY OF APPLICATION MADE UNDER THE RIGHT TO INFORMATION ACT DATED 03.03.2021 ALONG WITH THE REPLY DATED 20.03.2021 OBTAINED FROM DEVASWOM ASSISTANT COMMISSIONER, THIRUVACHIKULAM GROUP. EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 25.03.2021 MADE BEFORE THE 1ST RESPONDENT.
3 issues framed by the court
Whether the petitioner can be granted relief for the delay in appointing him to the post of Kidupidi despite holding the second rank?
Whether the vacancy earmarked for the Ezhava community requiring an NCA notification prevents granting relief in the present circumstances?
Is the petitioner entitled to a fresh appointment when the rank list has expired and no candidate from the reserved community is available?
Reghu A. N.
Cochin Devaswom Board
Kerala Devaswom Recruitment Board
Addl.R3.Vipin.T.V
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
