Aneena Joseph Vs the High Court of Kerala

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2025:KER:25495

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WP(C) NO. 13936 OF 2024

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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 D. K. SINGH

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TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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WP(C) NO. 13936OF 2024

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PETITIONER/S:

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ANEENA JOSEPH
AGED 36 YEARS
D/O. JOSEPH.P.J., PLAMOOTTIL HOUSE, CHEMBALAM P.O.,
KALLAR, IDUKKI DISTRICT –, PIN - 685553

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BY ADV K.M.FIROZ

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RESPONDENT/S:

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1 THE HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR (GENERAL) ERNAKULAM, KOCHI –, PIN - 682031

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2 THE REGISTRAR (COMPUTERISATION) - CUM-DIRECTOR (IT), THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI –, PIN - 682031

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3 THE REGISTRAR (RECRUITMENT),

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THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI –, PIN - 682031

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4 ADDL. R4 - ANJALI.S.NAIR, AGED 34, D/O MOHANA CHANDRAN NAIR, KUDAVOORVADKKATHIL, KADAVOOR, PERINAD PO, KOLLAM, PIN - 691601, IS IMPLEADED AS PER THE ORDER DTD. 06/08/2024 IN IA NO.2/2024 IN WP(C) NO. 13936/2024.

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BY ADVS.
ANISON M.R
P.M.SANEER
SHAJIN S.HAMEED
ELVIN PETER P.J. (SR.)(K/000445/1990)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13936 OF 2024

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JUDGMENT

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The petitioner was an applicant for the post of Senior System Officer of the High Court of Kerala in pursuance to the notification issued by the High Court dated 27.10.2023. The educational qualification and the work experience for the said post as per the notification are as under:-

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‘Government recognized Diploma in Electronics/Computer Science /Computer Hardware or Diploma with the combination of the above subjects or B.E./B.Tech (Electronics/IT/ Computer Science/Computer Hardware or combination of any of these subjects)/BCA/M.E/M.Tech (Electronics/IT/Computer Science/Computer Hardware or combination of any of these subjects)/MCA

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Work experience of 3 years and above in eCourts project in Kerala as System Assistant /System Officer’

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2.The job profile of the Senior System Officer is the supervision

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of computerisation activities of the Courts in the District Judiciary. The petitioner's application was rejected on the ground that the petitioner did not have the requisite work experience of three years

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of e-courts project in Kerala as a System Assistant/System Officer/Senior System Officer.

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3.The petitioner worked in the High Court from 26.04.2018 to 31.03.2021 and 07.04.2021 to 11.12.2023 as a System Assistant in the Planning and Management Unit in the High Court. The High Court itself has issued the certificate of experience to the petitioner in Ext.P3 which would demonstrate that the petitioner has gained experience while working as the System Assistant in the Planning and Management Unit of High Court in monitoring NJDC, database replication and Management, Data streaming, CIS Support, HC VM Application configuration, Efiling Application Lower Court, SMS Application, Patch Scripts and support for ongoing e-court projects.

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4.The learned counsel for the petitioner submits that the petitioner has experience of e-courts which is evident from the experience certificate issued to the petitioner and therefore the rejection of her application on the ground that she was not having the relevant experience certificate as per notification was totally unjustified and illegal.

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5.In pursuance to the interim order passed by this court, the

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WP(C) NO. 13936 OF 2024

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petitioner participated in the recruitment process. After qualifying in the written test, she faced the interview, and she stands No.1 in the rank list in the category of Economically Weaker Section (EWS).

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The learned counsels for the High Court and counsel for the 4^th respondent, however, submit that the petitioner's appointment as System Assistant was not in e-courts project but it was in Planning and Management Unit, and therefore, the experience certificate issued to her working in the Planning and Management Unit is not the requisite experience as desired in the notification dated 27.10.2023 issued by the High Court for appointment of Senior System Officer.

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I have considered the submission advanced

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8.The question here is whether the petitioner has relevant experience in e-court management of the High Court and the District judiciary.

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9.The experience certificate itself discloses the fact that the petitioner has gained experience while working as a System Assistant in the High Court for more than 3 years in different aspects of e-court management. Hence, I am of the view that it will

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not make any difference whether the petitioner was working with the Planning and Management Unit of the high court or e-court management unit, if the petitioner has gained the experience as per the high court itself in e-court management, her experience should be treated as valid experience as per the notification, and the rejection of her application on the ground that she was unqualified does not appear to be justified.

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The petitioner has already faced the written test and interview, and she stands at Rank No.1 against the post reserved for Economically Weaker Section (EWS). Therefore, the writ petition is allowed, and the petitioner is declared qualified for the post of Senior System Officer in the High Court in pursuance to the notification dated 27.10.2023 issued by the High Court inviting applications for the post mentioned therein, including the post of Senior System Officer.

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With the aforesaid, the present writ petition stands allowed.

Sd/-

D. K. SINGH

JUDGE

SJ

WP(C) NO. 13936 OF 2024

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APPENDIX OF WP(C) 13936/2024

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PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE HIGH COURT NOTIFICATION
NO.A7-75309/2021/IT3/REC3 DATED 27.10.2023
Exhibit P2 A TRUE COPY OF THE ONLINE REGISTRATION
APPLICATION FOR THE POST OF SENIOR SYSTEM
OFFICER OF THE PETITIONER BEARING NO. 12100012
DATED 04.12.2023 SUBMITTED BEFORE THE 1ST
RESPONDENT THROUGH ONLINE PORTAL
Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED 11.12.2023
ISSUED BY THE DEPUTY REGISTRAR OF HIGH COURT OF
KERALA DATED 11.12.2023
Exhibit P4 TRUE COPY OF THE ORDER NO.A7-
75309/2021/IT3/REC3 DATED 12.3.2024, LIST OF
CANDIDATES FOR INTERVIEW TO THE POST OF SENIOR
SYSTEM OFFICER, HIGH COURT
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
12.3.2024 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE B.TECH PROFESSIONAL DEGREE
IN COMPUTER SCIENCE DATED 25.8.2014 CERTIFICATE
OF THE PETITIONER
Exhibit P7 A TRUE COPY OF THE CERTIFICATE IN ENGINEERING
AND DIPLOMA IN COMPUTER ENGINEERING OF THE
PETITIONER DATED 9.6.2009
Exhibit P8 A TRUE COPY OF THE SAID INTERIM ORDER DATED
2.4.2024 IN WP(C) NO. 13368 OF 2024 PASSED BY
THE HON’BLE HIGH COURT OF KERALA
Exhibit P9 . A TRUE COPY OF THE RELEVANT PAGES OF THE
REPORT (PAGES 1 TO 5, 18 TO 37 AND 85 TO 86) OF
THE MEMBER (PROJECT MANAGEMENT), E-COMMITTEE,
SUPREME COURT OF INDIA DATED NIL AND UPLOADED
IN THE WEBSITE HTTPS://DISTRICTS.ECOURTS.GOV.IN
(ACCESSED ON 3.4.2024)

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RESPONDENT EXHIBITS

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`EXHIBIT R1(a)`	`True copy the relevant pages of the National` `Policy and Action Plan for Instrumentation of` `Information and Communication Technology in` `Indian Judiciary`
`EXHIBIT R1(b)`	`True copy of the relevant pages of policy and` `Action Plan Document, Phase-II of the E Courts` `Project published by the E committee of the` `Supreme Court of India`
`EXHIBIT R1(c)`	`True copy of the Proceedings No.A5-68471/2015,` `dated 26.04.2018 granting permission to join` `duty as System Assistant`
`EXHIBIT R1(d)`	`True copy of the Govt. order bearing` `G.O.(Rt)33/2010/Home dated 05.01.2010 issued by` `the Govt.`
`EXHIBIT R1(e)`	`True copy of the letter dated 30.11.2015` `addressed to the Addl.Chief Secretary to Govt`
`EXHIBIT R1(f)`	`True copy of letter dated 11.01.2016 addressed` `to the Addl.Chief Secretary to Govt,`
`EXHIBIT R1(g)`	`True copy of letter dated 06.06.2016 addressed` `to the Addl.Chief Secretary to Govt`
`EXHIBIT R1(h)`	`True copy of G.O(Ms)No.223/16/Home dated` `20.08.2016 issued by the Govt.`
`PETITIONER EXHIBITS`
`Exhibit P10`	`A TRUE COPY OF THE SAID RANKED LIST ISSUED BY` `THE 2ND RESPONDENT ON BEHALF OF THE 1ST` `RESPONDENT DATED 9.4.2024`
`Exhibit P11`	`A TRUE COPY OF THE PROCEEDINGS /ORDER NO. A9-` `40012/2023(3) DATED 17.4.2024 ISSUED BY THE 1ST` `RESPONDENT THROUGH THE REGISTRAR (GENERAL)-` `INCHARGE`
`Exhibit P12`	`A true copy of the roles and responsibilities` `of Central Project Coordinator (CPC)` `implementation of Phase II of eCourts Project` `(change Management Programe for Phase II of` `eCourts Project for Central Project`

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	`Coordinators of all the High Courts`
`Exhibit P13`	`A true copy of the Notification dated 8.2.2017` `issued by the High Court of Kerala bearing No.` `A5-68471/2015/REC1`
`Exhibit.P14`	`A true copy of the said order No. ECC` `4/47504/2016 dated 21.3.2019 issued by High` `Court of Kerala`
`Exhibit.P15`	`A true copy of the Official Memorandum dated` `29.6.2020 issued by the High Court of Kerala` `bearing No. IT(S1)106828/2018/IT3`
`Exhibit P16`	`A true copy of the communication/letter dated` `29.6.2020 issued by the Registrar (Recruitment` `and Computerisation) High Court of Kerala` `bearing No. IT(S1)106828/2018/IT3`
`Exhibit P17`	`A true copy of the email dated 21.1.2023 issued` `by the eCourt Cell, High Court of Kerala`
`Exhibit p18`	`A true copy of the Notification dated 25.8.2023` `bearing No. A9-40012/2023 by which the post of` `Senior System Officer has been notified by the` `High Court of Kerala by incorporating amending` `the Kerala High Court Service Rules, 2007`
`Exhibit P19`	`A true copy of the said certificate dated` `16.8.2024 issued on behalf of the High Court of` `Kerala to the petitioner`
`Exhibit P20`	`A true copy of the proceedings bearing No. A5-` `68471/2015/A9 of the Registrar General (Note` `I), proceedings of the Chairman, Committee-in-` `charge of computerization (Note No 48) along` `with proceedings No.A5-68471/2015/A9 dated` `25.3.2024 issued by the Registrar General, High` `Court of Kerala (obtained under Right to` `Information Act)`
`Exhibit P21`	`TRUE COPY OF THE PROCEEDINGS BEARING NO. A5-` `68471/2015/A9 OF THE REGISTRAR GENERAL (NOTE I)` `AND THE PROCEEDINGS OF THE CHAIRMAN, COMMITTEE-` `IN-CHARGE OF COMPUTERIZATION (NOTE #48)`

Aneena Joseph v. the High Court of Kerala

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Aneena Joseph v. the High Court of Kerala

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