Disposed

Arshaj S. v. Secretary

Kerala HC11 Oct 2021WP(C)/20028/2021

Case brief

AI extract

What is this about?

The Court, while admitting a writ petition regarding the rejection of an application for a government post due to a discrepancy between qualification dates and prescribed experience, decided to close the petition without deciding on merits. The Court directed the Director to consider the petitioner's claim independently of his degree date.

What did the court decide?

The Writ Petition was closed; Petitioner's rights reserved; Respondent No.2 directed to consider Ext.P4 and decide on petitioner's eligibility expeditiously.

Arshaj S. Vs Secretary — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943

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WP(C) NO. 20028 OF 2021

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PETITIONERS:

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1 ARSHAJ S. AGED 36 YEARS

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S/O. SURENDRAN B, RESIDING AT DEVIKA HOUSE, CHANGANKULANGARA, VAVVAKAVU P.O, OACHIRA, KOLLAM 690 528

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BY ADVS. PRIYA SHANAVAS K.G.KAILASNADH

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RESPONDENTS:

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1 SECRETARY, DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM 695 033

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2 DIRECTOR DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM 695 033

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3 CHAIRMAN DISTRICT TOURISM COUNCIL, O/O THE DISTRICT COLLECTOR, KOLLAM 691 013

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BY ADV. PARVATHY KOTTOL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.20028 OF 2021

JUDGMENT

Dated this the 11^th day of October, 2021

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The petitioner herein had approached this Court lamenting that his application to the post of Secretary, District Tourism Promotion Council was rejected. It seems that the question that arose was whether, the three year experience in managerial capacity prescribed in Ext.P1 notification should be post qualification or pre-qualification. The application seems to have been rejected on the ground that, though the petitioner had acquired experience in managerial capacity from 05.06.2008 to 30.12.2011, he acquired Ext.P5 MTA degree only in 2012.

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By virtue of an interim order dated 24.09.2021, the petitioner was provisionally permitted to attend the examination scheduled on 25.09.2021. When the matter was taken up today, it is submitted by the learned Counsel for the petitioner that, pursuant to the interim order, the petitioner was

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WPC NO.20028 OF 2021

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permitted to attend the examination. The case of the petitioner is that in Ext.P1 notification, it was not prescribed that experience should be post degree.

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Accordingly, without going into the merits of

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the case, I am inclined to close the Writ Petition itself, reserving the rights of the petitioner herein, to raise the contentions, subject to the outcome of the selection process. It is made clear that the respondent No.2 shall take a decision on Ext.P4 as expeditiously as possible, depending on which he shall consider whether petitioner is liable to be considered for further selection process. Respondent No.2 will be free to proceed with the selection process, in accordance with law.

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The Writ Petition is closed, as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/11-10

WPC NO.20028 OF 2021

PETITIONERS' EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ADVERTISEMENT DATED 01-09-2021
EXHIBIT P2	A TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER ON 13-09-2021 IN RESPONSE TO EXT.P1 ADVERTISEMENT
EXHIBIT P3	A TRUE COPY OF THE SCREENSHOT TAKEN FROM THE WEBSITE OF DEPARTMENT OF TOURISM, SHOWING THE REJECTION OF THE APPLICATION
EXHIBIT P4	A TRUE COPY OF THE REQUEST THROUGH E- MAIL SENT ON 15-09-2021 TO THE MINISTER OF WELFARE OF SC/ST GOVT OF KERALA ALONG WITH COPIES TO THE HON'BLE TOURISM MINISTER AND THE TOURISM DIRECTOR
EXHIBIT P5	A TRUE COPY OF THE CERTIFICATE EVIDENCING THAT THE PETITIONER IS HAVING MASTERS IN TOURISM ADMINISTRATION (MTA)
EXHIBIT P6	A TRUE COPY EVIDENCING THAT THE PETITIONER IS POSSESSING 3 (THREE) YEARS EXPERIENCE IN MANAGERIAL CAPACITY MEETING THE POST QUALIFICATION CRITERIA.
EXHIBIT P7	A TRUE COPY EVIDENCING THAT THE PETITIONER GOT 18TH RANK FOR THE SAME POST (SECRETARY, DTPC) DURING 2017, FROM 250 CANDIDATES.
EXHIBIT P8	A TRUE COPY OF THE CERTIFICATE EVIDENCING THAT THE PETITIONER IS HAVING EXPERIENCE AS MANAGER IN KANDAL CLOUDS RESORTS AND TOURISM PRIVATE LIMITED, KOLLAM, FROM 05-06-2008 TO 30-12-2011
EXHIBIT P9	A TRUE COPY OF THE DOCUMENT EVIDENCING THAT THE PETITIONER IS NOW WORKING AS INFORMATION ASSISTANT-CUM-TOUR GUIDE AT DTPC, KOLLAM FROM 2014 ONWARDS

WPC NO.20028 OF 2021

EXHIBIT P10

A TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE ADDL. TOURISM DIRECTOR, DEPT. OF TOURISM, THIRUVANANTHAPURAM, ON 2209-2021

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Arshaj S. v. Secretary

Case brief

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Arshaj S. v. Secretary

Case brief

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