The High Court at Ernakulam, by a single judge, disposed of two writ petitions concerning appointment as Office Attendant. The court agreed with counsel that appointment orders had already been issued and recorded this fact, noting no further orders were required.
Writ petitions closed as appointment orders were already issued; no further orders required.
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.
WP(C) Nos. 34730/2023 & 730/2024
..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945
WP(C) NO. 34730 OF 2023
PETITIONER:
JOSEPH C. GEORGE, AGED 31 YEARS, S/O. GEORGE, CHITTILAPILLY HOUSE, PARAPPUKAVU, KECHERY,ERANELLUR, KECHERI, THRISSUR DISTRICT, PIN – 680501.
BY ADVS.M/S. BIJU C. ABRAHAM, BASIL MATHEW & THOMAS C.ABRAHAM
RESPONDENTS:
STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, 1 DEPARTMENT OF HIGHER EDUCATION (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.
ST. THOMAS COLLEGE (AUTONOMOUS),
SMT.K.G.SAROJINI, GOVERNMENT PLEADER ADV. SMT. PRIYA P. K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).NO.730/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..2..
WP(C) Nos. 34730/2023 & 730/2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945
WP(C) NO. 730 OF 2024
PETITIONERS:
SILY BABU, AGED 32 YEARS, 2 D/O. BABU GEORGE, CHEERAN HOUSE, KURUVANNUR, VELLATTANJUR P.O, VELUR, THRISSUR, PIN – 680601.
SHERIN JOHNSON, AGED 30 YEARS, D/O. JOHNSON S.T, SRAMBIKKAL HOUSE, 3 MULANKUNNATHUKAVU (P.O) THIROOR, THRISSUR, PIN – 680581.
BY ADVS.M/S.GIRIJA K GOPAL & K.N.VIGY
RESPONDENTS:
WP(C) Nos. 34730/2023 & 730/2024
..3..
ST.THOMAS COLLEGE ( AUTONOMOUS), THRISSUR-PALAKKAD ROAD, KEERANKULANGARA, 2 THRISSUR, PIN – 680001, REPRESENTED BY IT'S MANAGER.
SMT.K.G.SAROJINI, GOVERNMENT PLEADER ADV. SMT. PRIYA P. K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, ALONG WITH WP(C).NO. 34730/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..4..
WP(C) Nos. 34730/2023 & 730/2024
MOHAMMED NIAS C. P. , J.
================================
W.P.(C) Nos. 34730 of 2023 & 730 of 2024
================================
Dated this the 23rd day of January, 2024
J U D G M E N T
The above Writ Petitions are filed by those included in the ranked list for appointment to the post of Office Attendant in the second respondent College seeking orders for their appointment.
who appeared for the College submitted that orders for appointment have already been issued.
these writ petitions. Accordingly, these writ petitions are closed.
MOHAMMED NIAS C. P., JUDGE
MMG
WP(C) Nos. 34730/2023 & 730/2024
..5..
APPENDIX OF WP(C).NO.34730/2023
PETITIONER'S EXHIBITS:
A TRUE COPY OF THE NOTIFICATION DATED EXHIBIT P1 2/11/2022 THUS ISSUED BY THE 2ND RESPONDENT A TRUE COPY OF THE RANK LIST DATED EXHIBIT P2 31/1/2023 PUBLISHED BY THE 2ND RESPONDENT A TRUE COPY OF THE ORDER BEARING NO. EXHIBIT P3 D3/122/2023/HEDN DATED 25/7/2023 ISSUED BY THE 1ST RESPONDENT
A TRUE COPY OF THE LETTER BEARING NO. STC/D3/NTS/APPT/2023/86 DATED 5/8/2023 EXHIBIT P4 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT
A TRUE COPY OF THE LETTER BEARING NO. D3/122/2023/HEDN DATED 17/8/2023 ISSUED EXHIBIT P5 BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT
WP(C) Nos. 34730/2023 & 730/2024
..6..
APPENDIX OF WP(C).NO.730/2024
PETITIONERS' EXHIBITS:
A TRUE COPY OF THE NOTIFICATION DATED 2.11.2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P 1 CALLING FOR APPLICATIONS TO THE POSTS OF OFFICE ATTENDANT AND COMPUTER ASSISTANT EXHIBIT P 2 A TRUE COPY OF THE THE RANKED LIST PUBLISHED BY THE 2ND RESPONDENT DATED 31.1.2023 A TRUE COPY OF THE LETTER BEARING NO. D3/122/2023/HDEN DATED 25.7.2023 ISSUED EXHIBIT P 3 BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT A TRUE COPY OF THE LETTER NO. STC/D3/NTS/APPT/ 2023 /86 DATED EXHIBIT P 4 5.8.2023 ADDRESSED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT
A TRUE COPY OF THE REPLY ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P 5 BEARING NO. D3/122/2023/HDEN DATED 17.8.23
A TRUE COPY OF THE INTERIM ORDER DATED EXHIBIT P 6 13.12.2023 IN W.P. [C] NO.34730 OF 2023 A TRUE COPY OF THE ORDER NO F2/47275/2023/DCE DATED 14.12.2023 EXHIBIT P 7 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
3 issues framed by the court
Whether an appointment order issued for office attendant posts is in existence and requires no further judicial intervention.
Whether the writ petitions filed by candidates ranked for appointment calling for their appointment still require fresh orders when appointment orders have already been issued.
Whether these writ petitions filed for appointment to the post of Office Attendant need any further orders in light of already issued orders of appointment.
Joseph C. George
Linson T.J.
State of Kerala
St. Thomas College (Autonomous)
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
