Disposed

Subha a., v. the Director

Kerala HC7 Jan 2021WP(C)/27462/2020

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition seeking marks for experience and appropriate action on a representation regarding rank list arrangement in Anganwadi worker selection. The court directed the director to consider the representation with notice to the petitioner and affected persons within two months. Audio conferencing was permitted for the hearing.

What the court decided

AI extract

Subha a., Vs the Director — 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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WP(C).No.27462 OF 2020(G)

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PETITIONER:

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SUBHA A., AGED 45 YEARS W/O.PRIJU BABU, PRANAV MANDIRAM, PARAKODE P.O., ADOOR TALUK, PATHANAMTHITTA DISTRICT-691554.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR

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RESPONDENTS:

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1 THE DIRECTOR, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPURA P.O., THIRUVANANTHAPURAM DISTRICT-695012.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-689645.

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3 THE DISTRICT ICDS CELL, KAPPIL ARCADE, DOCTOR'S LANE, PATHANAMTHITTA DISTRICT-689645.

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4 THE CHILD DEVELOPMENT OFFICER, ICDS OFFICE, PARACKODE ADDITIONAL, PARACKODE, PATHANAMTHITTA-691554.

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OTHER PRESENT:

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GP- SRI. BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27462 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following prayers:-

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“(i) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents 1 to 4 to award marks due to the petitioner for experience shown in Ext.P5 and Ext.P5(a) experience certificates in terms of Ext.P7 Government Order within a time frame fixed by this Hon'ble Court.

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(ii) To issue a writ of mandamus or any appropriate writ or direction directing the respondents 1 to 4 to rearrange Exhibit P6 rank list in terms of the marks awarded to the petitioner for experience as per Ext.P7 Government Order.

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(iii) To issue a writ of mandamus or any appropriate writ or direction directing the respondents 1 to 4 to consider and take actions called for under law in Ext.P8 representation within a time frame fixed by this Hon'ble Court.

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(iv) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents 1 to 4 not to make any appointment pursuant to Ext.P6 rank list till a decision on merits is taken in Ext.P8 representation.

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2. Heard the learned counsel for the petitioner and

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the learned Government Pleader.

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WP(C).No.27462 OF 2020

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It is submitted by the learned counsel for the petitioner that the petitioner has been denied marks for experience in the selection conducted for appointment to the post of Anganwadi worker. It is submitted that the petitioner has approached the 1^st respondent preferring Ext.P8 representation and the petitioner has already included in the list at a higher position. It is, therefore, contended that the representation preferred by the petitioner is liable to be considered at the earliest.

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The learned Government Pleader submits that since Ext.P8 representation has already submitted before the 1^st respondent, the same is liable to be considered with notice to the petitioner as well as the person likely to be effected by action to be taken on the same.

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In the above view of the matter, this writ petition is disposed of directing the 1^st respondent to take up Ext.P8 representation and to pass orders on the same, after hearing the petitioner as well as any other person likely to be

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WP(C).No.27462 OF 2020

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effected by the orders to be so passed, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that the hearing can be conducted by video conferencing or through any other appropriate means.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/07.01.2021

WP(C).No.27462 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE INTERVIEW CALL LETTER VIDE NO.ICDS/PKHADL/358/16 NIL DATED FROM THE 4TH RESPONDENT.

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EXHIBIT P2 THE TRUE COPY OF THE CASTE CERTIFICATE VIDE C1-13981/18-R-DIS DATED 14.11.2018 ISSUED BY TAHASILDAR ADOOR.

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EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF PETITIONER'S SSLC CERTIFICATE.

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EXHIBIT P4 THE TRUE COPY OF THE RATION CARD OF THE PETITIONER.

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EXHIBIT P5 THE TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 30.01.2016 ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P5(A) THE COPY OF THE EXPERIENCE CERTIFICATE DATED 17.02.2020 ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P6 THE TRUE COPY OF THE RANK LIST OF ANGANAVADI WORKERS IN MUNICIPALITY OF ADOOR.

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EXHIBIT P7 THE TRUE COPY OF THE G.O(MS)NO.58/08/SOCIAL WELFARE DEPARTMENT DATED 22.10.2008.

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EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 24.11.2020 ALONG WITH COPY OF THE EMAIL.

Subha a., v. the Director

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Subha a., v. the Director

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