The High Court of Kerala set aside the fixation of an age limit of 18-40 years in a Panchayat notification for appointment to the post of Accredited Engineer by contract, finding no justification or authority for the restriction. All other issues were left open.
Setting aside the fixation of the age limit as 18 – 40 years in Ext.P5; other issues left open.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 25TH DAY OF OCTOBER 2022 / 3RD KARTHIA, 1944
WP(C) NO. 11549 OF 2021
PETITIONER:
GEORGEKUTTY K.V.
AGED 58 YEARS
S/O.VARGHESE K.C., KUZHIKKATT, ANIKKAD P.O.,
PALLIKKATHODE, KOTTAYAM-686503.
BY ADV MANU GOVIND
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.2 MAHATMA GANDHI NREGA STATE MISSION, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695003, REPRESENTED BY MISSION DIRECTOR.3 THE RURAL DEVELOPMENT COMMISSIONER, COMMISSIONERATE OF RURAL DEVELOPMENT, NANTHANCODE, THIRUVANANTHAPURAM-695011.4 THE AKALAKKUNNAM GRAMA PANCHAYATH, MALALUNKAL P.O., KOTTAYAM-686503, REPRESENTED BY ITS SECRETARY.5 ADDL.R5: SRI.AJITH SEBASTIAN KANTHAMEHARIYIL HOUSE, MOOZHOOR P.O., ALAKALAKKUNNAM, KOTTAYAM-686503.(ADDITIONAL R5 IMPLEADED AS PER THE ORDER DATED
15.09.2021 IN I.A.1/2021 IN WP(C)11549/2021)
SRI.P.I.GEORGEKUTTY, SC, AKALAKUNNAM GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11549 OF 2021
2
JUDGMENT
Dated this the 25th day of October, 2022
It is submitted by the learned counsel for the petitioner that there
is no justification in the fixation of the age limit in Ext.P5 notification issued by the Panchayat for appointment to the post of Accredited Engineer by contract. An interim order was passed on 14.06.2021 specifically recording the submission of the learned Government Pleader that there is no upper age limit fixed for the post of Accredited Engineer and that the counter affidavit filed by the Panchayat also does not show any reason for fixing of such upper age limit or any power to do so.
In the above view of the matter, this writ petition is ordered setting aside the fixation of the age limit as 18 – 40 years in Ext.P5. All other issues are left open.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 11549 OF 2021
3
APPENDIX OF WP(C) 11549/2021
PETITIONER’S EXHIBEXHIBIT P1 |
ITSTRUE COPY OF GO(29/03/2012 ISSUE |
RT) ND BY |
O.952/2012 DATEDTHE FIRST RESPONDENT. |
|---|---|---|---|
EXHIBIT P2 |
TRUE COPY OF GO(30/11/2019. |
MS) N |
O.153/2019/LSGD DATED |
EXHIBIT P3 |
TRUE COPY OF THETHE 4TH RESPONDE |
LETTNT TO |
ER DATED 09/03/2021 FROMTHE PETITIONER. |
EXHIBIT P4 |
TRUE COPY OF REPSUBMITTED BY THE |
RESENPETI |
TATION DATED 19/03/2021TIONER. |
EXHIBIT P5 |
TRUE COPY OF NOTDATED 14/05/2021APPEARED IN THE16/05/2021. |
IFICAISSUMALAY |
TION NO.A2 105/2019ED BY THE 4TH RESPONDENTALA MANORAMA DAILY ON |
RESPONDENTS’ EXHIB |
ITS: |
||
EXHIBIT R4(A) |
THE TRUE COPY OFPANCHAYATH COMMI |
THETTEE |
DECISION TAKEN BY THEDATED 13.05.2020 |
EXHIBIT R4(B) |
THE TRUE COPY OF4TH RESPONDENT C |
THEOMMIT |
DECISION TAKEN BY THETEE DATED 17.02.2021 |
EXHIBIT R4(C) |
THE TRUE COPY OFPROGRAM OFFICER |
THEDATED |
REQUEST TO DISTRICT03.03.2021 |
EXHIBIT R4(D) |
THE TRUE COPY OFOFFICER DATED 03 |
THE.03.2 |
REQUEST TO BLOCK PROGRAM021 |
EXHIBIT R4(E) |
THE TRUE COPY OFRESPONDENT COMMI |
THETTEE |
DECISION OF THE 4THDATED 16.03.2021 |
EXHIBIT R4(F) |
THE TRUE COPY OFPROGRAMME OFFICE |
THER DAT |
COMMUNICATION FROM BLOCKED 17.04.2021 |
EXHIBIT R4(G) |
THE TRUE COPY OF4TH RESPONDENT’S |
THECOMM |
DECISION TAKEN BY THEITTEE DATED 05.05.2021 |
EXHIBIT R4(H) |
THE TRUE COPY OFMGNREGS FOR THE |
THEMONTH |
ATTENDANCE REGISTER FORS MARCH AND APRIL 2021 |
ANNEXURE R4(A) |
THE TRUE COPY OFPANCHAYATH COMMI |
THETTEE |
DECISION TAKEN BY THEDATED 07.06.2021 |
ANNEXURE R4(B) |
THE TRUE COPY OFDISTRICT PROGRAMRESPONDENT DATED |
THEME OF08.0 |
COMMUNICATION TOFICER FROM THE 4TH6.2021 |
ANNEXURE R4(C) |
THE TRUE COPY OFSECRETARY, BLOCKRESPONDENT DATED |
THEPANC08.0 |
COMMUNICATION TOHAYAT FROM THE 4TH6.2021 |
ANNEXURE R4(D) |
THE TRUE COPY OFMGNREGS FOR THE |
THEMONTH |
ATTENDANCE REGISTER FORJUNE 2021 |
2 issues framed by the court
Whether there is justification for fixing an upper age limit of 18-40 years in the notification for appointment to the post of Accredited Engineer by contract.
Whether the Panchayat had the power to fix the upper age limit.
Georgekutty K.V.
State of Kerala represented by its Secretary, Local Self Government Department
Mahatma Gandhi NREGA State Mission
Rural Development Commissioner
Akalakkunnam Grama Panchayath
Ajith Sebastian Kanthamehariyil
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court