Kerala High Court
Dr.K.S. Anoop Das vs State Of Kerala on 16 November, 2019
Author: P.V.Asha
Bench: P.V.Asha
W.P(C).Nos.6148 of 2016 and c/cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.6148 OF 2016(P)
PETITIONER/S:
DR.K.S. ANOOP DAS
AGED 37 YEARS
ANUPALLAVI, KARUMAMPOYIL HOUSE, CHUNGATHARA POST,
NILAMBUR, MALAPPURAM DT., KERALA 679334.
BY ADVS.
SMT.SREEDEVI KYLASANATH
SRI.ACHUTH KYLAS
SRI.JOSELAL GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2 THE PRESIDENT
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695004.
3 KERALA STATE COUNCIL FOR SCIENCE
TECHNOLOGY AND ENVIROMENT (KSCSTE), REPRESENTED BY
ITS EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695004.
4 KERALA FOREST RESEARCH INSTITUTE
REPRESENTED BY ITS DIRECTOR, PEECHI P.O.,THRISSUR-
680653.
5 ADDL.R5 - DR.NICKY K. XAVIER,
KOLLANNUR HOUSE, PATTURAKKAL, THRISSUR - 680022.
_____________ADDL. R5 IS IMPLEAD AS PER ORDER DATED
30.3.2016 IN I.A.4249/2016.
6 ADDL.R6 - DR. P. BALAKRISHNAN
AGED 39 YEARS
W.P(C).Nos.6148 of 2016 and c/cases
2
S/O P. GANGADHARAN NAIR, RESIDING AT PEROTH HOUSE,
PALAKKALVETTA P.O., TUVVUR,
MALAPPURAM.-------------ADDL.R6 IS IMPLEADED AS PER
ORDER DATED 28.10.2016 IN I.A.11659/2016.
7 ADDL. R7 - SAJI .K.MANUEL,
AGED 33 YEARS
W/O ARUN SEBASTIAN, PARIPPIKKUNNEL HOUSE, PALA P.O,
KOTTAYAM-686575.------------ADDL. R7 IS IMPLEADED
AS PER ORDER DATED 28.10.2016 IN I.A.11970/2016.
8 ADDL. R8- DR. T.B. SUMA,
AGED 44 YEARS
W/O T.D. ARUN DEV, RESIDING AT THEKKAYIL,
KANIMANGALAM P.O., THRISSUR-680207.
9 ADDL. R9 - SHRI. SHIJO JOSEPH,
AGED 36 YEARS
S/O VARKEY JOSEPH, RESIDING AT QUARTER NO.3/8,
KERALA FOREST RESEARCH INTITUTE, PEECHI, THRISSUR-
680653.
10 ADDL.R10 - DR. SHAMBUKUMAR,
S/O BRIJNARAYAN, RESIDING AT RAMPURKHAS VILLAGE,
RAMPUGARA P.O., TARKULAWA P.S., DEORIA, UTTAR
PRADESH-274408, CURRENTLY WORKING AS SCIENTIST E-1,
PATHOLOGY DEPARTMENT, KERALA FOREST RESEARCH
INSTITUTE, PEECHI, THRISSUR-
680653.-----------------ADDITIONAL RESPONDENTS 8 TO
10 ARE IMPLEADED AS PER ORDER DATED 19.2.2019 IN
I.A.6149/2018.
R1 BY ADV. KUM.A.ARUNA
R1 BY ADV. SRI.ELVIN PETER P.J.
R1 BY ADV. SRI.K.R.GANESH
R1 BY ADV. SRI.KALEESWARAM RAJ
R1, R4 BY ADV. SRI.S.M.PREM
R1 BY ADV. SMT.P.R.REENA
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
R2 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
R4 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
R8 BY ADV. SRI.T.C.SURESH MENON
R8 BY ADV. SRI.P.S.APPU
R8 BY ADV. SRI.A.R.NIMOD
R9 BY ADV. SRI.O.V.RADHAKRISHNAN (SR.)
R9 BY ADV. SMT.K.RADHAMANI AMMA
R9 BY ADV. SRI.P.KRISHNANKUTTY NAIR (KOLLAMALA)
R10 BY ADV. SRI.S.SUJIN
ADV.P.C.SASIDHARAN, SC KSCSTE
W.P(C).Nos.6148 of 2016 and c/cases
3
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).30747/2015(P) AND CONNECTED CASES,
THE COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.30747 OF 2015
PETITIONER/S:
DR. SURESH T.A.
S/O AYYAPPAKUTTY, THACHAPPULLY HOUSE, MULLASSERY
POST, TRICHUR, KERALA, 680 509
BY ADVS.
SRI.THAMPAN THOMAS
SMT.HENA BAHULEYAN
SRI.B.V.JOY SANKER
SRI.SHAFFIE THOMAS
RESPONDENT/S:
1 THE STATE OF KERALA
RERPESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM 695 001
2 THE PRESIDENT, KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA
BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004
3 KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA
BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004,
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT
4 KERALA FOREST RESEARCH INSTITUTE, PEECHI P.O,
THRISSUR 680 653, KERALA
REPRESENTED BY ITS DIRECTOR
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
R2 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
R4 BY ADV. SRI.S.M.PREM
R4 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
ADV.SRI.P.C.SASIDHARAN, SC, KSCSTE
SR.GP. ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.30799 OF 2015
PETITIONER/S:
DR. MAGESH G
AGED 35 YEARS
GURU NIVAS, KURUVAI, KANAKKENTHURUTHY P.O.,
PALAKKAD, KERALA - 678 683.
BY ADVS.
SRI.THAMPAN THOMAS
SRI.BIJI MATHEW
SMT.HENA BAHULEYAN
SRI.B.V.JOY SANKER
SRI.SHAFFIE THOMAS
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNEMNT, SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2 THE PRESIDENT
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
3 KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA
BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004,
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT.
* 4 KERALA FOREST RESEARCH INSTITUTE
PEECHI P.O., THRISSUR - 680 653, KERALA,
REPRESENTED BY ITS DIRECTOR.
* 5 JAWAHARLAL NEHRU TROPICAL BOTANICAL GARDEN AND
RESEARCH INSTITUTE (JNTBGRI)
PALODE, THIRUVANANTHAPURAM - 695 562, REPRESENTED
BY ITS DIRECTOR. {R5 DELETED FROM PARTY ARRAY AS
W.P(C).Nos.6148 of 2016 and c/cases
6
PER ORDER DATED 11/07/2016 IN THE WP(C)}
* 6 ADDL.R6- DR.AMITH ABRAHAM,
AGED 34 YEARS
S/O.N.J.ABRAHAM,RESIDING AT NEDUMALAYIL (H),
PALAKUZHA P.O.,KOOTHATTUKULAM, ERNAKULAM-686 662.
* 7 ADDL.R7- DR. V.J.SHINE,
AGED 35 YEARS
S/O.VARGHESE NADAR, RESIDING AT V.J.COTTAGE,
VLATHANKARA,
VLATHANKARA P.O., THIRUVANANTHAPURAM-695134.
* 8 ADDL.R8-DR.PRADEEP,
AGED 33 YEARS
S/O.SELVANESAN,
RESIDING AT PRADEEPTHI, THIRUMANGALAM,
NEYYATTINKARA, THIRUVANANTHAPURAM-695121.
(ADDL.R6 TO R8 ADDED AS PER ORDER DATED 08.07.2016
IN I.A.10864/16 IN THE WP(C))
ADDL.RESPONDENTS 6 TO 8 WERE DELETED FROM THE PARTY
ARRAY AS PER ORDER DATED 11.07.2016 IN THE WPC.
R1, R4 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
R2 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
R4 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.4916 OF 2016
PETITIONER/S:
DR.VS RAMACHANDRAN
AGED 38 YEARS
SIVANILAYAM, VILAYANNUR, THENKURISSI VIA, PALAKKAD,
KERALA, PIN:678671.
BY ADVS.
SMT.SREEDEVI KYLASANATH
SRI.ACHUTH KYLAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN:695001.
2 THE PRESIDENT KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONEMNT (KSCSTE), SASTHRA
BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.
3 KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), REPRESENTED BY
ITS EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695004.
4 KERALA FOREST RESEARCH INSTITUTE
REPRESENTED BY ITS DIRECTOR, PEECHI P.O., THRISSUR-
680653.
5 ADDL. R5 DR. SUJEESH M.K.
S/O. M.V.KARUNAKARAN, MUNDAPURATH HOUSE,
CHIRAKKEKODE, VELLANIKKARA P.O., THRISSUR-680654.
ADDL.R5.IS IMPLEADED AS PER ORDER DATED 03.09.2019
IN IA. 1/2019.
R1, R4 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
W.P(C).Nos.6148 of 2016 and c/cases
8
R2 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
R4 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
R5 BY ADV. SRI.P.RAVINDRAN (SR.)
R5 BY ADV. SRI.SREEDHAR RAVINDRAN
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.5999 OF 2016
PETITIONER/S:
DR.BINDU K.JOSE
AGED 38 YEARS
RESEARCH SCHOLAR, FOREST PROTECTION DIVISION,
KERALA FOREST RESEARCH INSTITUTE, PEECHI,
PIN - 680 653.
BY ADVS.
SRI.P.M.MUJEEB REHIMAN
SMT.M.M.JASMIN
SMT.K.S.SUMITHA
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT,SASTHRA BHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM -695 004, REPRESENTED BY ITS
EXECUTIVE VICE PRESIDENT.
2 PRESIDENT
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM -695 004.
3 KERALA FOREST RESEARCH INSTITUTE
PEECHI, THRISSUR - 680 653, REPRESENTED BY ITS
DIRECTOR.
R1 BY SRI.GEORGE ZACHARIAH,SC,KSCSTE
R1, R3 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.P.RAMACHANDRAN PALAKKAD
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
R3 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.6091 OF 2016
PETITIONER/S:
DR PRESTY JOHN
AGED 31 YEARS
D/O.M.J.JOHN, MOONJELY HOUSE, MANNUTHI P.O.,
TRICHUR, KERALA-680651.
BY ADVS.
SRI.THAMPAN THOMAS
SMT.HENA BAHULEYAN
SRI.B.V.JOY SANKER
SRI.SHAFFIE THOMAS
RESPONDENT/S:
1 KERALA FOREST RESEARCH INSTITUTE
PEECHI P.O., THRISSUR-680653 KERALA REPRESENTED BY
ITS DIRECTOR.
2 DIRECTOR
KERALA FOREST RESEARCH INSTITUTE, PEECHI P.O.,
THRISSUR-680653.
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, SCIENCE AND TECHNOLOGY DEPARTMENT,
THIRUVANANTHAPURAM-695001.
4 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT(KCSTE)
SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT.
R1 BY ADV. SRI.S.M.PREM
R1-2 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
R4 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.6117 OF 2016
PETITIONER/S:
1 GEETHA P
AGED 31 YEARS
PATTATH ILLOM, NELLIKKATTIRI PO, KOOTTANAD (VIA),
PALAKKAD-679 533.
2 DR.SANTHOSH C.
CHERIYORATH HOUSE, MOORKANIKKARA PO, IRINJALAKKUDA,
THRISSUR-680 711.
3 SMITHA JOHN K.
PULIKKOTTIL THACHOTH HOUSE, EVERSHINE ROAD/SASTHRI
ROAD, EAST FORT, THRISSUR.
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SRI.S.MANU
RESPONDENT/S:
1 TEH KERALA FOREST RESEARCH INSTITUTE,
PEECHI, THRISSUR-680 653, REPRESENTED BY ITS
DIRECTOR.
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY, FOREST DEPARTMENT,
SECRETARIAT, TRIVANDRUM-695 001.
R1 BY ADV. SRI.S.M.PREM
R1 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.6137 OF 2016
PETITIONER/S:
DR.R.SUGANTHASAKTHIVEL
AGED 36 YEARS
S/O. MR.M.RAMAMOORTHY, RESIDING AT II/1, KFRI STAFF
QUARTERS, KFRI, PEECHI, THRISSUR, KERALA.
BY ADVS.
SRI.THAMPAN THOMAS
SMT.HENA BAHULEYAN
SRI.B.V.JOY SANKER
SRI.SHAFFIE THOMAS
RESPONDENT/S:
1 KERALA FOREST RESEARCH INSTITUTE
PEECHI P.O., THRISSUR - 680 653, KERALA,
REPRESENTED BY ITS DIRECTOR.
2 DIRECTOR, KERALA FOREST RESEARCH INSTITUTE, PEECHI
P.O., THRISSUR - 680 653.
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, SCIENCE & TECHNOLOGY DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
4 KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA
BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT.
R1 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
R1 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
R4 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.6238 OF 2016
PETITIONER/S:
DR.REVATHY V.S.
AGED 31 YEARS
W/O. BIJU, VALANINGHAT (H), AKKARAPPURAM,
KURVCHIKKARA P.O., THRISSUR DISTRICT - 680 028.
BY ADVS.
SRI.G.SANTHOSH KUMAR (P).
SRI.YASH THOMAS MANNULLY
RESPONDENT/S:
1 KERALA FOREST RESEARCH INSTITUTE
REPRESENTED BY THE DIRECTOR, PEECHI, THRISSUR
DISTRICT - 680 653.
2 THE DIRECTOR
KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR
DISTRICT - 680 653.
3 SOBHANA K.A
AGED 42 YEARS
DAUGHTER OF K.ASOKAN, RESIDING AT SAROVARAM,
KARUVAMBRAM WEST POST, MANJERI - 676 123. - IS
IMPLEADED AS SUPPLEMENTAL THIRD RESPONDENT AS PER
ORDER DATED 14/06/2016 IN IA 9046/2016.
R1 BY ADV. SRI.S.M.PREM
R1-2 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.6837 OF 2016
PETITIONER/S:
DR.SREEKANTH.P.M
AGED 36 YEARS
SREE RAMYA, CHIRAKKAL PO, KANNUR, KERALA, SERB -
DST YOUNG SCIENTIST/PRINCIPAL, INVESTIGATOR IN
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT)
BY ADVS.
SRI.T.A.SHAJI (SR.)
SRI.DARSAN SOMANATH
SMT.NAMITHA JYOTHISH
SRI.V.VINCENT DIDACOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2 THE PRESIDENT,
KERALA COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE) SHASTRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695004.
3 THE KERALA COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE) SHASTRA BHAVAN,
PATTOM, THIRUVANANTHAPURAM - 695004, REPRESENTED BY
ITS EXECUTIVE VICE PRESIDENT.
4 THE KERALA FOREST RESEARCH INSTITUTE,
PEECHI P.O, TRICHUR-680 653, KERALA, REPRESENTED BY
ITS DIRECTOR.
R1 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.P.RAMACHANDRAN PALAKKAD
R1 BY ADV. SRI.GEORGE ZACHARIAHSCKSCSTE
R4 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.7125 OF 2016
PETITIONER/S:
DR.HRIDEEK.T.K
AGED 36 YEARS
KARTHIKA, THODUVAYIL, MANIYUR P.O., KOZHIZKODE
DISTRICT, PIN-673 523.
BY ADVS.
SMT.SREEDEVI KYLASANATH
SRI.ACHUTH KYLAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PRESIDENT
KERALA STATE COUNCIL FOR SCIENCE , TECHNOLOGY AND
ENVIORNMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695 004.
3 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIORNMENT (KSCSTE)
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT,
SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
4 THE KERALA FOREST RESEARCH INSTITUTE
REPRESENTED BY ITS DIRECTOR, PEECHI P.O., THRISSUR-
680 653.
*ADDL.R 5 DR.T.B.SUMA
AGED 44 YEARS
W/O T.D.ARUN DEV, RESIDING AT 'THERKAYIL',
KANIMANGALAM P.O, THRISSUR-680027.
ADDL.R5 IMPLEADED AS PER ORDER DT.25.5.16 IN IA
6180/16
W.P(C).Nos.6148 of 2016 and c/cases
16
R1 BY ADV. SRI.P.S.APPU
R1 BY ADV. SRI.A.R.NIMOD
R1, R4 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.T.C.SURESH MENON
R4 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
SC,SRI.GEORGE ZACHARIA
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.8024 OF 2016
PETITIONER/S:
DR. DHANYA R., ANUPALLAVI, KARUMAMPOYIL HOUSE,
CHUNGATHARA POST, NILAMBUR, MALAPPURAM DT., KERALA,
679334
BY ADVS.
SRI.JOSELAL GEORGE
SRI.ACHUTH KYLAS
SMT.SREEDEVI KYLASANATH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY
TO THE GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001
2 THE PRESIDENT, KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRABHAVAN,
PATTOM, THIRUVANANTHAPURAM -695004
3 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIORNMENT (KSCSTE), REPRESENTED BY ITS EXECUTIVE
VICE PRESIDENT, SASTHRABHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695004
4 KERALA FOREST RESEARCH INSTITUTE, REPRESENTED BY
ITS DIRECTOR, PEECHI PO, THRISSUR - 680653
R1 BY ADV. SRI.S.M.PREM
R1 BY ADV. SRI.GEORGE ZACHARIAH, SC, KSCSTE
SC,SRI.IMAM GREGORIOUS KARAT
ADV.P.C.SASIDHARAN, SC KSCSTE
SR.GP.ADV.REKHA C.NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.41111 OF 2017
PETITIONER/S:
DR. SUMA ARUN DEV
AGED 45 YEARS
W/O.T.D.ARUN DEV, SENIOR SCIENTIST, FOREST GENETICS
AND BIOTECHNOLOGY DIVISION, KERALA FOREST RESEARCH
INSTITUTE, PEECHI P.O.,THRISSUR-680653.(RESIDING AT
THEKKAYIL KANIMANGALAM P.O.,THRISSUR-680207).
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENT/S:
1 KERALA FOREST RESEARCH INSTITUTE
REPRESENTED BY ITS DIRECTOR, PEECHI P.O.,THRISSUR-
680653.
2 THE REGISTRAR KERALA FOREST RESEARCH INSTITUTE
PEECHI P.O., THRISSUR-680653.
R1-2 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST
RESEARCH INSTITUTE
SC KSCSTE ADV.P.C.SASIDHARAN
SC ADV.GEORGE ZACHARIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON 16.11.2019 DELIVERED THE FOLLOWING:
W.P(C).Nos.6148 of 2016 and c/cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.23397 OF 2018
PETITIONER/S:
HASEENA.A
W/O. SANIJ.M.A.,AGED 36 YEARS,
MANAKULANAGARAPARAMBIL,KOMBODINJAMAKKAL,
THAZHEKAD.P.O.,THRISSUR DISTRICT,PRESENTLY RESIDING
AT NIHAL MANZIL, NETTATHUKULAMBU,VANOOR,
ALATHUR.P.O., PALAKKAD DICSTRICT,PIN-678541.
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.V.E.ABDUL GAFOOR
SRI.JAYENDRAN KOCHOTH
SRI.A.MOHAMMED SAVAD
SRI.A.RENJIT
SRI.C.Y.VINOD KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,SCIENCE
TECHNOLOGY & ENVIRONMENT DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE)
REPRESENTED BY ITS CHAIRMAN, SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004.
3 THE KERALA FOREST RESEARCH INSTITUTE
PEECHI, THRISSUR DISTRICT-680653,REPRESENTED BY ITS
DIRECTOR.
4 THE DIRECTOR
KERALA FOREST RESEARCH INSTITUTE,PEECHI, THRISSUR-
680653.
R1, R3 BY SRI.IMAM GRIGORIOS KARAT, SC, KERALA
FOREST RESEARCH INSTITUTE
OTHER PRESENT:
SRI.P.C.SASIDHARAN,SC,KSCSTE,SRGP.SMT.REKHA.C.NAIR,
SRI.GEORGE ZACHARIA,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2019, ALONG WITH WP(C).6148/2016 AND CONNECTED CASES, THE
COURT ON T 16.11.2019 DELIVERED THE FOLLOWING:
P.V.ASHA, J.
--------------------------
W.P(C).Nos.30747&30799 of 2015, 4916, 5999, 6091, 6117,
6137, 6148, 6238, 6837, 7125 & 8024 of 2016, 41111 of 2017
& 23397 of 2018
---------------------------
Dated this the 16th day of November, 2019
JUDGMENT
All these writ petitions relate to selection and appointment to the posts of Scientist-E1 and Scientist-B in various disciplines in the Kerala Forest Research Institute. In some of the writ petitions the selection and appointments are under challenge, seeking fresh selection after issuing fresh notification whereas in some of the writ petitions candidates, who are included in the rank list/appointed seeks directions for finalization of the selection/appointment/declaration of probation.
2. The Kerala Forest Research Institute (KFRI) is one of the institutions which were brought under the Kerala State Council for Science, Technology and Environment (hereinafter referred to as the 'Council') in the year 2003. Some of the writ petitions relate to appointment to the post of Scientist-E1. Others relate to Scientist-B. Therefore the writ petitions relating to Scientist-E1 and Scientist-B are dealt with separately.
W. P.(C) Nos.6148 of 2016, 7125 of 2016 & 41111 of 2017 W.P(C).Nos.6148 of 2016 and c/cases :21:
3. In WP(C) Nos.6148/2016 and 7125/2016 the petitioners seek for a direction to re-notify the posts in tune with notification sanctioned by the Council and by adopting reservation benefits granted in Rule 14 of the Kerala State and Subordinate Service Rules, 1958 to the post of Scientist-E1. In W.P.(C) No.41111 of 2017 petitioner seeks a direction to the respondents to declare her probation on her appointment as Scientist-E1. In this judgment relating to Scientist-E1 the parties and documents are referred to as described in W.P.(C) No.6148 of 2016.
4. The KFRI issued Ext.P8 notification dated 15.03.2012 (produced along with reply affidavit dated 19.07.2016), inviting applications for appointment to the posts of Scientist-B and Scientist-E1 in various disciplines offering CSIR scale of pay. 12 vacancies of Scientist-B and 5 vacancies of Scientist-E1 were notified. Sl.no.12 to 17 were of vacancies of Scientist-E1 in (1) Genetics and Tree Breeding (2)Remote Sensing (3) Forest Botany (4) Wildlife Biology and (5)Forest Pathology. Age limit was prescribed as 35 years for Scientist-B and 40 years for Scientist-E1 providing relaxation in age limit to internal candidates and to those belonging SC/ST/OBC as per the Kerala Government Rules. It was provided that community W.P(C).Nos.6148 of 2016 and c/cases :22: reservations for the positions would also be as per the Kerala Government Rules. Last date fixed was 10.04.2012.
5. It is stated that no appointments were made based on Ext.P8 notification, to the posts of Scientist-E1. On 01.02.2013 Ext.P1 notification was issued inviting applications for appointment to 2 vacancies of Scientist-B and 5 vacancies of Scientist-C/E1 in the very same discipline as notified in Ext.P8, offering CSIR scale of pay. The very same provisions were notified regarding age and age relaxation and community reservation as in Ext.P8 notification. The last date fixed was 12.03.2013. It is stated that no appointments were made based on Ext.P1 notification also to the posts of Scientist-E1. It was followed by Ext.P2 notification dated 11.09.2015 inviting applications for appointment against one vacancy each in the very same 5 disciplines of Scientist-E1 and one vacancy each of Scientist-B in 18 disciplines. The age limit for Scientist-E1 was 40 years as on closing date with provision for age relaxation for internal candidates and candidates belonging to SC/ST/OBC as per Government Rules. Last date fixed was 15.10.2015. In this notification it was provided as follows:
"Those who applied earlier need not apply afresh but W.P(C).Nos.6148 of 2016 and c/cases :23: they can update their credentials, if any. Their applications will be considered."
6. Dr.K.S.Anoop Das who is the petitioner in W.P.(C) No. 6148 of 2016 had submitted application pursuant to Ext.P1 notification. He updated his credentials based on Ext.P2 notification. Writ Petition was filed on 17.02.2016 after he received call letter to appear in the interview scheduled from 18th to 21st February 2016. He is a Ph.D holder in Zoology. Pursuant to Ext.P1 notification, he submitted application for appointment to the post of Scientist-C/E1 in Wildlife Biology. The qualification prescribed for appointment to the post of Scientist-C/E1 in Wild Life Biology were (1) MSc in Zoology/Wildlife Biology/Forestry/Ecology (2) Ph.D. in any one of the above subjects with specialization in vertebrate Ecology/Wildlife Conservation/Wildlife Genetics (3) Post doctoral experience of 2 years (for Scientist-C)/5 years (for Scientist-E1) in any one of the above areas. In Ext.P2 notification also, the qualification for Scientist-E1 (Wildlife Biology) was 1st class M.Sc in Zoology/Wildlife Biology/Ecology/ Forestry; Ph.D in any one of the above subjects with specialization in Vertebrate Ecology/Wildlife conservation/Wildlife Genetics; Five years post doctoral W.P(C).Nos.6148 of 2016 and c/cases :24: experience in any one of the above areas. The qualification of Dr.Anoop Das as stated in Ext.P3 application are Ph.D in Zoology from Bharatiar University in the year 2008, M.Phil in the year 2005 in Environmental Science from Bharatiar University, B.Sc and M.Sc Zoology and B.Ed in Natural Science from Calicut University. He claimed research experience from 01.03.2001 onwards and post doctoral research from 12.10.2008 onwards. He filed this writ petition on 17.02.2016 seeking the following reliefs:
(i) to issue a writ of certiorari or other appropriate writ, order or direction directing the respondents to re-notify Ext P2 in compliance with the sanctioned notification prescribed in Ext P5.
(ii) to issue a writ of mandamus or any other writ , order or direction directing the respondents to re-
notify Ext P2 notification adopting reservation benefits granted in Rule 14 of Kerala State and Subordinate Service rules, 1958 in the posts of Scientist E1;
(iii) to issue any other order as is deemed fit by this Honourable Court in the interest of justice."
7. The allegations raised in this Writ Petition are that the KFRI made changes to the notification approved by the Council and that appointments were going to be made without following reservation rules.
8. According to the petitioner a notification for appointment can be issued by KFRI only on approval by the Executive Committee of the Council; one of the agenda for W.P(C).Nos.6148 of 2016 and c/cases :25: the meeting of the executive committee of the Council held on 29.06.2015 was approval of the advertisement of vacant posts in KFRI. As per Ext.P5(a) minutes the notification was approved with the direction that basic qualification for all the posts shall be first class Post Graduate Degree with Ph.D in the subjects concerned. Petitioner alleged that when Ext.P2 notification was issued, Ph.D with specialization in Wildlife Genetics was also included, whereas it was not a qualification prescribed in Ext.P5. It is also his contention that prescription of 1 st class in Post Graduate Degree is contrary to the rules.
9. Next Contention is regarding reservation. Being a member of the Thiyya community, petitioner claims that the procedure for selection without following rules of reservation is arbitrary and violative of the constitutional principles and it is contrary to Rule 14 of Part IV of section II of the Service Rules and other Relevant Rules and Regulations of the Council (hereinafter referred to as 'Employees Service Rules') as well as Rule 14 of the KS&SSR.
10. The 4th respondent KFRI filed a counter affidavit dated 05.03.2016. It is stated that the post of Scientist- E1 is a senior position at the level of Head of the W.P(C).Nos.6148 of 2016 and c/cases :26: Department to which appointment was being made by promotion. It was stated that direct recruitment to that post was resorted to for the first time in the history of KFRI; those posts were advertised on All India basis and applications were received from various parts of the country and from abroad; Scientist of KFRI are provided with pay scales, promotion norms and other benefits available to Scientists of CSIR under the Government of India. They followed the precedents adopted by the Government of India institutions. It was stated that in view of Ext.R4(a) OM No.9/2/1973-Estt.(SCT) issued on 23.06.1975 by the Dept. of Personnel and Administrative Reforms and Ext.R4(b) OM.No. 360/12/27/94-Estt (ST) dated 13.05.1994, Scientific and Technical posts are exempted from the purview of reservation, according to which reservation of posts for SC, ST and OBC categories applies only to appointments to Scientific and Technical posts and including the lowest group A Scientific post in the respective services and therefore reservation is applicable only to the post of Scientist-B. It was stated that the qualification approved by the executive committee was modified without any wrong intention; as the Scientists in KFRI are provided with pay scale, promotion norms and other W.P(C).Nos.6148 of 2016 and c/cases :27: benefits available to Scientists of CSIR, under the Government of India, KFRI followed the norms adopted by Government of India Institution in similar matter. It was stated that 17.85% of the Scientists in the institute belong to Ezhava community. Therefore that community was excluded from granting reservation for appointment as Scientist.
11. Even though the Council has not filed any statement or counter affidavit in these writ petitions, in W.P.(C) No.12994 of 2016, where Dr.P.Balakrishnan, a candidate who appeared in the selection process for appointment to the very same post and seeks a direction to make appointment based on the rank list, the learned Standing Counsel for the Council filed a statement dated 14.11.2016 stating that variation was found in the notification by KFRI in the matter of qualification prescribed for various posts. It was stated that 2nd respondent which is the apex body of KFRI felt it appropriate to withdraw the notification and to renotify the posts after cancelling the notification issued on 11.09.2015.
12. Eventhough a learned Single Judge thereupon disposed of a batch of cases including these writ petitions of 2016, permitting re-notification, Writ Appeals were W.P(C).Nos.6148 of 2016 and c/cases :28: filed against it. As per common judgment dated 01.08.2018 in W.A.No.396/2017 and connected cases, all those Writ Petitions were remitted back for reconsideration after ensuring that affected parties are on the party array. A very few persons were thereafter impleaded. Some of the applicants have got themselves impleaded.
13. Dr.Balakrishnan who got impleaded as additional respondent and had applied for the post of Scientist-E1 (Wildlife Biology) has filed a counter affidavit stating that the petitioner has filed the writ petition only on 17.02.2016 as an afterthought when the notification was issued as early as on 12.10.2015. It is stated that on the basis of the selection process conducted the selection committee has ranked him above the petitioner. It is pointed out that Rule 5.4 of Scientists' Recruitment and Promotions Rules in part II Section IV of KSCSTE Service Rules, 2003 provided that "vacancies for which the selections are required to be made by the selection committee shall be decided by the centre with the approval of the research council of the centre". Ext.R5 (a) Rules, 2003 of the Council therefore provides for selection in accordance with the approval of Research Council of the Centre. It is stated that the notification was advertised W.P(C).Nos.6148 of 2016 and c/cases :29: on recommendation of the Research Council of the KFRI on 03.08.2012. It is stated that Ph.D with Specialization in Wildlife Genetics was a qualification prescribed in Ext.P1 also. Petitioner did not have any complaint over it when he applied pursuant to Ext.P1 also. He claims that he is the person entitled to be appointed as Scientist-E1 (Wildlife). It is pointed out that even if there is variation from Ext.P5 nobody with specialization in Wildlife Genetics is included in the rank list and hence no prejudice is caused to the petitioner. It is also stated that the rules and regulations of the Council are adopted from the rules of CSIR and Government of India and KFRI follows the orders of the Government of India regarding reservation and as per Government of India office memorandum there is no reservation for Scientific and Technical posts. Scientist- E1(Wildlife Biology) is highly technical and no reservation is permissible for such posts and therefore the petitioner cannot claim reservation for appointment as Scientist-E1 .
14. In W.P.(C) No.5663/2016 filed by Dr.Nikky Xavier who also claims finalisation of the selection and appointment to the very same post, the KFRI filed an additional counter affidavit stating that Dr.Nikky Xavier, Dr.P.Balakrishnan and Dr.Anoop Das are the candidates W.P(C).Nos.6148 of 2016 and c/cases :30: ranked 1 to 3 based on the interview conducted on 19.02.2016. It is stated that Dr.Nikky Xavier was considered on the basis of the interim order passed in WP(C) No.5663/2016.
15. The petitioner has produced a chart stating that there are variations in qualification with respect to each discipline in Ext.P3 notification and Exts.P5 and P5(a) alleging that renotification is necessary.
16. On impleadment after the disposal of the Writ Appeal, Dr.Shijo Joseph who is the additional 9th respondent was already appointed as Scientist-E1 (Remote Sensing) in 2016, based on the impugned selection. Petitioner is an applicant for the post of Scientist-E1 (Wildlife Biology). He points out that as he was impleaded only on the basis of an I.A filed in February 2019 as against his selection and appointment made in 2016, the Writ Petition is barred by limitation and his selection is not liable to be interfered with. It is his further contention that the KFRI is following Government of India orders and instructions in the matter of reservation and not Rule 14 of KS&SSR. Pointing out the office memorandums issued by Govt. of India on 23.06.1975 and 30.05.1994, it is pointed out that reservation principles are not applicable for appointment W.P(C).Nos.6148 of 2016 and c/cases :31: to Technical and Scientific posts, in the posts above the lowest grade in Group A. The post of Scientist-E1 (Remote Sensing) is a scientific post above the grade of Group A. The lowest group A post under the institute is Scientist-B in the pre-revised scale of Rs.8000-275-13500 and Scientist- E1 is in the pay scale of Rs.12000-375-16500. Relying on the judgments in Indra Sawhney v. Union of India [AIR 1993 SC 477 and All India Institute of Medical Sciences v. Union of India and others:(2013) 11 SCC 246 it is pointed out that there cannot be any reservation for appointment to Technical Posts, Superspeciality Posts etc. as there can be no compromise with merit and therefore principles of reservation cannot be applied for appointment of Scientist-E1. It is also pointed out that petitioner Dr.Anoop Das submitted his application for Scientist-E1 in Wildlife Biology and the notification regarding the same or the selection or appointment to that post cannot have any relevance to the selection or appointment or the notification based on which the 9th respondent was appointed. It is pointed out that the Executive Committee of the Council in its 42nd meeting held on 29.06.2015 approved the proposal for basic qualification for the post of Scientist-B&E1 for selection and appointment to 25 W.P(C).Nos.6148 of 2016 and c/cases :32: vacancies reported under different categories of Scientist- B and Scientist-E1 and the draft notification was approved. There was no variations to the qualifications notified and approved by the Executive Committee and there is no question of withdrawal of any notification or re- notification. Apart from that it is stated that petitioner chose to participate in the selection process without challenging the notification and therefore he is estopped from raising any contentions or grievance against the notification. Relying on the judgments in D.Sarojakumari V R. Helen Thilakom & otheres: (2017) 9 SCC 478, Madan Lal V State of J&K: (1995)3 SCC 486; G.Sarana V University of Lucknow: (1976)3 SCC 585, Shri O.V.Radhakrishanan, the learned Senior Counsel argued that petitioner is liable to be non-suited on that ground also.
17. The additional 10th respondent, who got appointment as Scientist-E1 (Pathology) has also filed a counter affidavit pointing out that his selection and appointment is not under challenge. Relying on the judgment in Ajith Singh V State of Punjab: (1999) 7 SCC 209, Shri N.N.Suganapalan, the learned Senior Counsel argued that in the absence of any provision under the rules of the Council or the KFRI for reservation, the petitioner cannot insist W.P(C).Nos.6148 of 2016 and c/cases :33: that the appointments are to be made observing the principles of reservation, as Article 16(4) or 16(4A) are only enabling provisions. Relying on the judgments in Madras Institute of Development Studies and another V K. Sivasubramaniyan and others: (2016) 1 SCC 454, Siraj V High Court of Kerala: 2006 (2) KLT 923], etc it was argued that the petitioner who did not even challenge the notification cannot be heard to raise any contention and seek a writ of mandamus seeking for a re-notification. It was argued that a writ of mandamus can be issued only if the petitioner has got a right and there is a corresponding duty which is not performed by the respondents.
W.P.(C) No.7125 of 2016
18. W.P.(C) No.7125 of 2016 was filed by Dr.Hrideek on 24.2.2016 seeking similar direction as in W.P.(C) No.6148 of 2016, after participating in the interview held in 02/2016, for the post of Scientist-E1 in Genetics and Tree Breeding. He got First Class in M.Sc and acquired Ph.D in Botany. He belongs to Saliya community included under OBC and claims reservation. It is alleged that the qualification which was approved by the executive committee was M.Sc in Plant Genetics and Plant Breeding/Botany/Forestry; Ph.D in any one of the above W.P(C).Nos.6148 of 2016 and c/cases :34: subjects with specialisation in Genetics and Tree Breeding. Post doctoral experience for a period of 5 years is also sought in breeding systems, reproductive biology and conservation. According to the petitioner, when the notification was issued on 11.9.2015, First Class was added for M.Sc and the discipline of Environmental Science was also added along with Genetics and Tree breeding/Botany/Forestry. Similarly, M.Sc in Plant Genetics and Plant Breeding was changed as M.Sc in Genetics and Tree Breeding and M.Sc Environmental Sciences. He is aggrieved by the prescription of First Class for M.Sc and also Ph.D.
19. Dr.T.B.Suma, who was impleaded as additional 5 th respondent in this Writ Petition, opposing the maintainability of the Writ Petition in seeking a re- notification without challenging the notification after appearing in the process of selection. She stated that on the basis of the selection conducted she was appointed as per Ext.R5(a) order dated 24.2.2016 and she assumed charge on 25.2.2016. It was also stated that even the Writ Petition was filed without challenging the notification or the appointment. It is also pointed out that the petitioner did not seek to challenge the rank list published on W.P(C).Nos.6148 of 2016 and c/cases :35: 25.02.2016 or the appointment of the additional 5th respondent. It is also pointed out that the petitioner is not eligible to apply for the post as his Master's Degree is in Plantation Development, which is not the prescribed or relevant qualification for Scientist-E1 Genetics and Tree Breeding. It is also stated that he does not have any experience in Genetics and Tree Breeding. It is further stated that the 42nd executive meeting held on 29.6.2015 had the mandate for only approving the scientist's position requested by the Director and the essential and desirable qualifications should be vetted at the institution level in the research council meeting. Pointing out the notifications issued in February, 2013 it was stated that qualification to all the 5 positions notified in 2013 were vetted in the 15th research council meeting held on 03.08.2012 (Exts.R5(e) & R5(f)).
20. Aggrieved by the delay in declaring probation, Dr.T.B.Suma has filed W.P(c).No.41111 of 2017.
21. Heard the learned Counsel on both sides. In these cases the question to be considered whether approval from the council is necessary for the KFRI for issuing a notification inviting applications for appointment to the W.P(C).Nos.6148 of 2016 and c/cases :36: post of Scientists and to conduct selection based on that; whether the variations of qualification in the notification from that which is approved by the Council will affect the process of selection and whether the principles of reservation are applicable to Scientist-E1 post either under the Central Government Rules or under State Government Rules.
22. Section II of the Rules in the Hand Book released by the Council deals with "Service Rules and Other Relevant Rules and Regulations". The Kerala State Council for Science, Technology and Environment Employees' Service Rules came into force on 19.06.2003. As per rule 1.3 these rules apply to all the full time regular employees of the Council. It is pertinent to note that under Rule 2(v), Council means KSCSTE and under Rule 2(ix) Council means an employee under the whole time employment of the Council. Rule 2(xiii) provides that "Government" means Government of Kerala. Rule 2(xix) provides that "Management Committee"
means the management committee constituted by the Council for each center. Section II Part I deals with "Pay, Leave, Joining Time, Gratuity etc". Section II Part II deals with "Employees' Conduct Rules". Section II Part IV deals with "Kerala State Council for Science, Technology and W.P(C).Nos.6148 of 2016 and c/cases :37: Environment- Scientists' Recruitment and Promotion Rules".
Under rule 2.3 of these Rules, "Scientist" means R&D Scientific staff who are expected to generate, develop, disseminate, manage and protect new knowledge/methods/technique by research/design/ development/extension. Rule 3 relates to "Recruitment" which reads as follows:
" 3. Recruitment: Designations and scales of pay of scientists covered under these rules shall be such as may be determined by the Council from time to time. Recruitment shall normally be made at the entry grade i.e., Scientist-B. Wherever need exists or arises recruitment at higher levels can be made on specific request of the Director with the recommendation of the Research Council and prior approval of the Executive Vice President. In the case of Council headquarters this shall be done on the recommendation of the member Secretary and with the prior approval of the Executive Vice President."
23. Therefore what is required if the Director finds that recruitment to higher level post is necessary, is the recommendation of Research Council and prior approval of the Executive Vice President. It is seen that the notifications were being issued for appointment of Scientist-E1 right from 2012 and the same has been done with the approval of the Council. Moreover Ext.P5 (a) would show that the Council permitted the KFRI to initiate action for filling up the vacancies of Scientist-E1 and Scientist-B in accordance with rules on condition that W.P(C).Nos.6148 of 2016 and c/cases :38: basic qualification shall be Fist Class in Post Graduation and Ph.D in concerned subjects. Rule 5 deals with "Selection Committee/Assessment Committee". For scientific category upto F there shall be a selection committee consisting of 5 members including the Chairperson with the Director of the Centre as Member Convener. Rule 5.4 provides that vacancies for which selections are required to be made by the Selection Committee shall be decided by the Centre with the approval of Research Council of the Centre. The vacancies shall be advertised at least in one Malayalam language daily (all editions) and one English language daily (southern editions) by the respective Centre. It does not say that each of the advertisement inviting application has to be approved by the Council or any other body. Rule 5.6 provides that for recruitment of Scientist-B and above up to Scientist-F, the Director of the Centre shall constitute the Screening Committee. The committee shall screen the applications for short-listing the candidates to be called for interview. The set of applications and recommendations of the Screening Committee shall be sent to the Selection Committee. The list of various categories of Scientists i.e B, C, E1, E2, F and G along with the scale of pay of each category is given below W.P(C).Nos.6148 of 2016 and c/cases :39: Rule 3. Rule 4 provides for the qualification, experience and upper age limit for direct recruitment of Scientists at all levels. Rule 4.2 relates to "Relaxations". Under rule 4.2.1 relaxation in age may be permitted by the Executive Vice President at any stage of selection, if the Director of the Centre based on the recommendation of the screening committee is of the opinion that sufficient number of candidates possessing the requisite qualification and/or experience are not likely to be available to fill up the posts. Approval of relaxation in age from Executive Vice President shall be obtained by the Centre and sent to the Selection Committee if required. Under rule 8.2 the Managing Committee shall be the appointing authority of Scientists upto the level of Scientist-F in the Centre. Thus, no provision is seen in Scientists' Recruitment and Promotion Rules which provides that the notification/advertisement for any Scientific post requires to be approved by the Council. Permission required is only for making recruitment to higher level posts. Therefore there is no basis for the KFRI or for the Council for withdrawing the notification Ext.P2 on the ground that there is variation in the qualification approved and those notified in Ext.P2 on 11.09.2015. Even the petitioner has W.P(C).Nos.6148 of 2016 and c/cases :40: not stated whether or how he is affected adversely by the alleged variation and whether it is contrary to rules, apart from an addition of 1st class in Post Graduation, which is incorporated on the basis of the decision of the Council. Therefore no relief can be granted to the petitioner on the ground that there is variation in the two notifications - Exts.P2 and P5. While petitioner alleges that prescription of first class in post graduation is contrary to rule, he has not stated whether he is having the qualification prescribed in the rules, according to which 1st class M.Tech/ME or Ph.D Engineering or Ph.D (Science/Lib.Science) are the qualification required. Moreover the scale of pay which is provided in the rules is much before the last revisions. Therefore the allegations with respect to the qualifications are only to be discarded. It is also pertinent to note that petitioner does not have a case that he could not apply for the post only because of the alleged variation in the notification.
24. The next question is applicability of rules of reservation. The learned counsel appearing for the petitioners who seek re-notification claim that appointments are to be made observing the provisions contained in Rules 14 to 17 of KS&SSR. On the other hand W.P(C).Nos.6148 of 2016 and c/cases :41: the Director of KFRI has filed a counter affidavit producing Ext.R4(a) and (b) office memorandums issued by the Government of India with respect to the appointment to the scientific post and stated that since the Centre is following the CSIR scale, the office memorandums issued by the Government of India would apply to the appointments to the posts of Scientists.
25. The applicants who support the selection and seek finalisation of the selection as well as declaration of probation on appointment after the selection claim that Government of India Rules are applicable. It is also argued that in the absence of a specific decision by the competent authority adopting the provisions contained in KS&SSR, those provisions would not apply. Re-notification is sought on the ground that the principles of reservation are not observed and if that is to be applied, it can only be on the entire posts of Scientists and therefore according to them the vacancies in the posts of Scientist-E1 in all the disciplines are liable to be re-notified and selection conducted afresh. It is relevant to note that petitioner has sought for re-notification without challenging the notification.
26. In this context it is necessary to have a look at W.P(C).Nos.6148 of 2016 and c/cases :42: Rule 14 of the Scientists' Recruitment and Promotion Rules, which reads as follows:
"14. Relaxation for SC/ST and OBC candidates: Nothing in these rules shall affect reservations, relaxations of age limit and other concessions required to be provided for Scheduled Caste/Scheduled Tribe and other backward class candidates in accordance with the orders issued by the Government from time to time in this regard.
Rule 14 of the Rules therefore only provides that those rules will not stand in the way of granting either relaxation or reservation in accordance with orders issued by Government. Government is defined in the rules as "Government of Kerala". One set of petitioners claim that Rules 14 to 17 shall apply to the appointments. But no rule or even an order or decision is produced adopting Rules 14 to 17 of KS&SSR or which provides that the rules of reservation would be applicable. In this context it is necessary to examine what is reservation as per the Kerala Government Rules. Rules 14 to 17 of Kerala State Subordinate Service Rules, 1958 govern reservation in appointments to posts in various services under the Government as provided in the Special Rules/executive orders governing the same. As rightly pointed out by Ms.Aruna, the learned Counsel appearing for Dr.Balakrishnan, these rules would apply to the W.P(C).Nos.6148 of 2016 and c/cases :43: appointments in KFRI only if the conditions in Rule 14 are fulfilled. Rule 14 of KS&SSR starts with the following:
"14 Reservation of appointments:- Where the special rules lay down that the principles of reservation of appointments shall apply to any service, class or category or where in the case of any service, class or category for which no Special Rules have been issued, the Government have by notification in the Gazette declared that the principle of reservation of appointments shall apply to such service, class or category, appointments by direct recruitment to such service, class or category shall be made on the following basis:- xxxxxx Therefore unless the Scientists' recruitment specifically provides for application of Rules 14 to 17 of KS&SSR or there is a notification adopting the same it cannot be said that rules of reservation should apply to the appointments of Scientists in KFRI. Rule 14 of the Scientists' Recruitment and Promotion Rules only provides that the Rules would not stand in the way of providing reservation in accordance with Government orders. That is only an enabling provision to adopt the rules of reservation. There is no material to show that either the Council or even the KFRI has taken any action in tune with the provisions contained in Rule 14 of KS&SSR, extending the applicability of reservation as provided therein. There is no notification issued by any of the official respondents making rules 14 to 17 of KS&SSR applicable to appointments W.P(C).Nos.6148 of 2016 and c/cases :44: in the Centre or in the Council. As pointed out by the learned Senior Counsel Sri.O.V.Radhakrishnan, provisions in KS&SSR would apply only to those services which are included in the schedule to the Kerala Civil Service Classification, Control and Appeal Rules, as provided in Rule 1 of Part II of KS&SSR/General Rules. Such provisions are required even in those Special Rules or Executive Orders governing appointments under the Government.
Therefore it cannot be said that reservation rules applicable to those in Government service would apply to appointments to any of the posts in the KFRI or the Council merely on the basis of Rule 14 of the Scientists' Recruitment Rules.
27. Since rule 14 of the Rules of the Council provides that Government rules would apply, it cannot also be said that the office memorandums issued by the Government of India would apply to the posts. Therefore, it can be concluded that principles of reservation under Rule 14 to 17 of KS&SSR or under Government of India OMs are not applicable to the appointments in the Centre.
28. The learned Standing Counsel for the respondents brought to my notice the judgment rendered by me on 20.12.2018 in W.P(C) No.33574 of 2018. It was a case where W.P(C).Nos.6148 of 2016 and c/cases :45: the KFRI notified vacancies after setting apart the same for particular communities. That notification was set aside seeing that candidates from other communities were made ineligible to submit their applications and observing that reservation rules can be applied only at the time of appointment. In that case nobody had a dispute as to the applicability of rule 14 to 17 of KS&SSR and hence there was no occasion to adjudicate on that issue with reference to Rule 14 of both the Rules. Therefore the said judgment would not stand in the way of interpretation of the relevant rules in these writ petitions.
29. In this context it is relevant to note the judgment of the apex court in Ajit Singh (II) v. State of Punjab:
(1999) 7 SCC 209 relied on by the Senior Counsel Sri.N.N.Sugunapalan, where the apex court, after analysing almost all the judgments on Articles 16(4) of the Constitution of India held:
"In view of the overwhelming authority right from 1963, we hold that both Articles 16(4) and 16(4-A) do not confer any fundamental rights nor do they impose any constitutional duties but are only in the nature of enabling provisions vesting a discretion in the State to consider providing reservation if the circumstances mentioned in those articles so warranted."
30. Therefore I find that there is no illegality in proceeding with Ext.P2 notification with respect to the W.P(C).Nos.6148 of 2016 and c/cases :46: post Scientist-E1, where nothing was stated regarding reservation.
31. Therefore W.P.(C) Nos.6148 of 2016 and 7125 of 2016 are dismissed.
W.P.(C) No.41111 of 2017
32. In this Writ Petition the petitioner was appointed as Scientist-E1 (Genetics and Tree Breeding), as per Ext.P1 order produced therein issued on 24.04.2016 and she joined duty on 25.05.2016 getting herself relieved from the post of Scientist-B. It is also pertinent to note that there is no Writ Petition by any person who has submitted application for appointment as Scientist-E1 (Genetics and Tree Breeding). Because of the pendency of these Writ Petitions, her probation is not declared and annual increments are not sanctioned. Now that the Writ Petitions are dismissed, the respondents shall issue orders on declaration of probation of petitioner within a period of three weeks from the date of receipt of copy of the judgment.
The following cases relate to Group B posts:
WP(C)Nos.4916/2016,6837/2016,5999/2016,6117/2016,6238/2016, 30799/2015, 6137/2016, 6091/2016, 8024/2016, 23397/2018& 30747/2015 W.P(C).Nos.6148 of 2016 and c/cases :47:
33. The notification dated 11.09.2015 contained the following clause with respect to reservation to Scientist-B posts:-
"Of the 18 Scientist B positions, 9 are reserved for general merit, 4 for SC/ST, 3 for Muslim and 2 for Other Bcackward Communities other than Ezhava and Muslim.
Other general conditions were the same for both Scientist-B and E1 posts.W.P(C).No.4916 of 2016
34. Dr.V.S.Ramachandran has filed this writ petition challenging the notification issued on 11.09.2015 and for a direction to the respondents to conduct the selection to the post of Scientist-B in Forest Ecology by including him. He submitted applications for appointment to the aforesaid post pursuant to the notification issued on 15.03.2012, 01.02.2013 and thereafter updated his credentials based on notification dated 11.09.2015. It is stated that he was within the age limit of 35 years, which was prescribed for appointment as Scientist-B, as on the last date fixed for the 1st notification dated 15.03.2012. He claims that in view of the provision that those who applied earlier need not apply afresh, he is entitled to be considered for the selection. He claims that he is having all the W.P(C).Nos.6148 of 2016 and c/cases :48: qualifications required. Originally the qualification notified was M.Sc in Botany/Forestry/Plant Ecology and Ph.D in any one of the subjects with specialization in Plant Ecology with desirable qualification of Research Experience in Ecosystem Dynamics/Climate Change/Modeling. In the subsequent notification the qualification required was 1st class in M.Sc Botany/Forestry/Environmental Science, Ph.D in any one of the subjects and desirable qualification was Ph.D in any one of the above subjects with specialisation in landscape level analysis of ecosystems, forest fragmentation, corridor studies, connectivity of forest patches, ecosystem modeling, etc. at doctoral or post-doctoral level research experience in Ecosystem Dynamics/climate Change/Modeling. Petitioner claimed that having Ph.D in Forest Ecology&Environment from Forest Research Institute, Dehradun, he is fully qualified as per either of the notifications. According to him the rules of the Council do not insist 1st class M.Sc and Ph.D for Scientist-B under it. He approached this Court since he did not get a call letter. It is stated that the KFRI issued another corrigendum notification on 27.09.2015 relaxing the basic qualification as M.Sc 2nd class and Ph.D and fixing 50 years as the upper age limit for internal candidates. He W.P(C).Nos.6148 of 2016 and c/cases :49: alleged that the notification issued was not in tune with the notification approved by the Council. He filed this writ petition on 08.02.2016 challenging the notification dated 11.09.2015 and seeking a direction to conduct selection to the post of Scientist-B in Forest Ecology including him.
35. Petitioner claims that he was within the age limit when the first notification was issued. This Court has passed an interim order directing to consider him for the selection. Though he claimed that there is variation in the qualification approved by the Council and those notified, he has stated that he is duly qualified.
36. In the statement filed by the Council on 16.02.2016, it was stated that the petitioner cannot be considered for the post of Scientist-B Silviculture, as it is reserved for Muslim community and there are applicants from that community; he does not have the essential qualification for the post of Landscape Ecology; with respect to Forest Ecology he does not have the specialisation in Ph.D or post-doctoral level. It was further stated that petitioner was not a candidate shortlisted based on earlier notification, so as to enable him to update his credentials and hence he cannot claim W.P(C).Nos.6148 of 2016 and c/cases :50: that the age has to be reckoned as on the date on which he submitted his first application. It was stated that 1st class was insisted for M.Sc in conformity with the decision of the Executive committee.
37. In the counter affidavit of the KFRI it was stated that the screening committee found that petitioner did not have the desirable qualification. It was further stated that there was deviation in the advertisement from the draft advertisement approved by the executive committee.
38. Another statement was filed by the learned Standing Counsel for Council on 17.11.2018 stating that in view of the variation found in the notification in the matter of qualification the Council found it appropriate to withdraw the notification.
39. One Dr.Sujeesh filed an impleading petition in this Writ Petition stating that he has applied for the post of Scientist-B in Sociology and is included in the select list. He came to know that appointment to the post is stalled because of the pendency of this Writ Petition. He points out that petitioner cannot have any claim as against selection and appointment against vacancies in other disciplines and hence he is not entitled to get any relief for re-notification and at any rate as long as there is no W.P(C).Nos.6148 of 2016 and c/cases :51: challenge against the notification regarding the post of Scientist-B (Sociology), the said selection is not liable to be cancelled. According to him, he is duly qualified and the selection is kept stalled because of the pendency of the Writ Petition. It was also pointed out that the petitioner has not impleaded the affected parties despite a direction in the judgment in W.A.No.1148/2017 and therefore petitioner is not entitled to get any relief and at any rate with respect to the post of Scientist-B(Sociology).
40. Though in the notification dated 11.09.2015 it was not stated which is the notification referred to as earlier notification, there was no such provision in Ext.P1 notification. Therefore the earlier notification can only be the one published immediately prior to Ext.P2 notification. As no appointment was made on the basis of the notification issued in 2012 for the very same post, the upper age limit can only be with respect to the one issued in 2013.
WP(C) No.6837 of 2016
41. The petitioner in this Writ Petition submitted application pursuant to the notifications issued on 01.03.2012 and 01.02.2013 for appointment to the post of W.P(C).Nos.6148 of 2016 and c/cases :52: Scientist-B (Forest Biotechnology). Pursuant to the notification issued on 11.09.2015 he submitted application updating his credentials. But he was not called for interview. He filed this writ petition on 22.02.2016 on coming to know that the said post was set apart for reservation category. By that time interview was over on 18.02.2016. It is his contention that notification did not mention whether the post of Scientist-B (Forest Biotechnology) was reserved for any community. Therefore selection to that vacancy ought to have been made without applying reservation.
WP(C) No.5999 of 2016
42. This Writ Petition is filed by a candidate who submitted application to the post of Scientist-B in the disciplines Entomology and Forest Entomology, pursuant to the notification issued on 11.09.2015 for which the qualification prescribed were 1st class M.Sc in Zoology with specialization in Entomology; Ph.D in the above subject with specialization in Ecological or Behavior Entomology for the discipline Entomology and 1st Class M.Sc in Zoology with specialization in Entomology, Ph.D in Zoology with specialization in Entomology and research experience in Forest Entomology for the discipline Forest Entomology. She W.P(C).Nos.6148 of 2016 and c/cases :53: claims that she had submitted application pursuant to the notification; but no interview was conducted. She had attained 38 years and was overaged when she submitted her applications. It is stated that she had submitted a representation requesting to regularise her as Scientist and that was rejected on 16.07.2015 as per Ext.P8 order advising her to request for age relaxation. The Writ Petition was filed seeking a declaration that she is entitled to relaxation in upper age limit and for consequential direction to consider her in the selection. On the basis of interim order passed on 17.02.2016 she was allowed to participate in the interview subject to the result of consideration of her application for age relaxation. It is stated that the 1st respondent Council had rejected her request for regularization.
43. The 3rd respondent filed a counter affidavit stating that Scientist-B (Entomology) and (Forest Entomology) were reserved for SC candidates. It is seen that petitioner was over-aged when she submitted application. Rule 4.2 provides for age relaxation to internal candidates in case sufficient candidates are not available. Petitioner stated that an application was W.P(C).Nos.6148 of 2016 and c/cases :54: submitted seeking age relaxation. Therefore the interim order is confirmed.
WP(C) No.6117 of 2016:
44. Petitioners submitted applications for appointment as Scientist-B in the discipline Soil Science. Petitioners allege that notification does not disclose the reservation status as against vacancies and for a direction as against the post of Scientist-B in Soil Science as one in general merit. Petitioners have appeared in the interview based on interim order passed on 17.02.2016 subject to the result of the Writ Petition. Petitioners 1 and 2 claimed that they are Post Graduates with Ph.D holders in Agriculture and in Soil Science and Agricultural Chemistry and that petitioner no.3 is a Post Graduate. Though it was not stated in the notification as to whether the said vacancy was reserved for any community, they were not called for interview. According to them the 1st respondent ought to have mentioned in the notification in case the vacancy in Soil Science was reserved. They are aggrieved by the setting apart of vacancies for reservation and hence apportionment of 18 Scientist-B position for general merit, SC/ST/Muslim and OBC other than Ezhava and Muslim as per the notification is illegal.
W.P(C).Nos.6148 of 2016 and c/cases :55:
45. In the counter affidavit the Director stated that reservation was fixed after scrutinizing the applications based on the availability of candidates belonging to the reserved communities from among the short listed candidates in order to ensure that reserved communities are getting their due share.
W.P(C).No.6238 of 2016:
46. The petitioner submitted application pursuant to the notification dated 11.09.2015 for the post of Scientist-B (Forest Entomology) and Scientist-B (Entomology). She attended the interview based on interim order passed on 18.02.2016. She belongs to OBC. She alleged that the said vacancy was kept reserved for SC community and she sought for direction to the KFRI to fill up the vacancies in accordance with the Government policy towards reservation and rotation.
W.P(C).No.30799 of 2015& 30747 of 2015
47. Petitioner in WP(C) No.30799/2015 claims that he was eligible to apply for the post of Scientist-B (Forest Ecology), Scientist-B (GIS) and Scientist-B (Landscape Ecology). He is a Ph.D holder in Forest Ecology, Remote Sensing and GIS from Environmental Studies after acquiring W.P(C).Nos.6148 of 2016 and c/cases :56: M.Sc in Environmental Science and belongs to Ezhava community. It is pointed out that by a corrigendum notification dated 27.09.2015 the basic qualification of internal candidates was modified as M.Sc second class and Ph.D in the relevant field. His complaint is that reservation was denied to Ezhava community as per the notification which is against reservation rules. He claimed that experienced hands shall be given preference pointing out that he served the Centre for 7 years but denied the benefit of the same on the ground that he was not a permanent employee. His claim is that appointment have to be made following reservation rules as those followed by other Central Scientific Research Institutions and Organizations. Even though an order was passed interdicting the selection initially, it was modified on 29.01.2015 allowing the selection and appointment subject to the result of the Writ Petition.
48. In this case respondents 2 to 5-including the Council and KFRI filed a counter affidavit stating that 17.85% i.e 5 out of the 28 Scientists-B working in the KFRI belong to Ezhava/Thiyya community; there is one from Muslim community; representation of other communities is poor; W.P(C).Nos.6148 of 2016 and c/cases :57: advertisement was issued to rectify the imbalance of different communities without any bad intention. Regarding addition of first class for M.Sc it was stated that the same was to safeguard the international standard of the institution. In paragraph 7 of the counter affidavit it was stated that it is the prerogative of the KFRI to issue notification inviting applications for the posts of Scientists under it though it is functioning under the umbrella of the Council.
49. The petitioner in WP(C) NO.30747/2015 claims that he is eligible to be applied for the post of Scientist B Forest Protection. He also claims that he is a 2 nd class M.Sc Degree holder. According to him 55% marks is sufficient for joining Ph.D. Therefore 1st class is not a necessary qualification.
50. The contentions raised by both petitioners in these two Writ Petitions are more or less similar. Both of them have not stated what prevented them from submitting an application, when the notification only stated that 9 posts were reserved for different communities except Ezhava and it was not stated whether the posts for which they were qualified were reserved or not. They challenged the W.P(C).Nos.6148 of 2016 and c/cases :58: notification and sought for a direction to the KFRI to issue fresh notification following reservation as in CSIR. As already found there cannot be any public interest litigation in service matters. It would appear that they only wanted to see that the selection is not proceeded with.
W.P(c).No.6137 of 2016
51. The petitioner herein applied for 5 different posts of Scientist-B pursuant to the notification dated 11.09.2015 i.e, for Wildlife Biology, Forest Ecology, GIS, Landscape Ecology and Sociology. He received call letter only for the post of Scientist-B(Landscape Ecology) for which interview was scheduled on 18.02.2016. Based on interim order passed on 18.02.2016 the petitioner has appeared in the interview provisionally subject to the result of the Writ Petition. His complaint is against the unscientific reservation notified and against the refusal to consider him. No counter affidavit or statement is filed by the respondents.
WP(C) No.6091 of 2016
52. Petitioner herein submitted application for 3 posts
-Scientist B - Entomology, Forest Entomology and Forest W.P(C).Nos.6148 of 2016 and c/cases :59: Protection respectively. She is an M.Sc degree holder in Zoology with 89% marks and completed Ph.D with specialization in Entomology. She alleged that the decision regarding the prescription of qualification is vested with the Council and Ph.D specialization in the field alone is required. She also complained about the reservation to the 9 posts to different communities and alleged that there is no transparency.
53. An interim order was passed directing to permit her to appear in the interview provisionally in case she was qualified.
WP(C) No.8024 of 2016
54. This Writ Petition was filed on 01.03.2016 seeking a direction to re-notify the notification issued on 11.09.2015 adopting reservation benefits granted in Rule 14 of the Kerala State and Subordinate Service Rules 1958 to the post of Scientist-B. The petitioner applied for the post of Scientist-B in Forest Ecology, Wildlife Biology and Landscape Ecology. She participated in the interview for the post of Forest Ecology. But no call letter was received for the post of Wildlife Biology and Landscape Ecology. She claimed that she is a 1st class holder in M.Sc in Ecology and Environmental Science and Ph.d holder in Environmental W.P(C).Nos.6148 of 2016 and c/cases :60: Science. She is aggrieved by the provision made for reservation for Scientist-B position based on which she was not called for interview.
WP(C) No.23397 of 2018
55. Petitioner is a candidate who submitted application for appointment as Scientist-B in Forest Biotechnology, Forest Protection, Genetics and Tree Breeding. Her complaint is that she is denied appointment despite the fact that she is the only candidate included in the rank list for the post of Scientist-B Forest Biotechnology.
56. The 3rd respondent has filed a counter affidavit stating that the screening committee found that the Ph.D acquired by the petitioner is not in the relevant field and therefore she was not called for interview. The petitioner had filed WP(C) No.6461/2016 since she had not received call letter for interview. It is stated that though the post was reserved for OBC other than Ezhava, she was interviewed on the basis of interim order passed on 19.02.2016 in that Writ Petition. It is pointed out that her qualifications are Masters Degree in Micro Biology with 1st Class and Ph.D in Forest Biotechnology. She has experience as Project Fellow from 11.09.2003 to 31.03.2006 W.P(C).Nos.6148 of 2016 and c/cases :61: in the KFRI. The qualification prescribed for Scientist-B Forest Biotechnology is 1st class M.Sc in Biotechnology/any branch of Life Science; Ph.D in any one of the above subjects. Ph.D with specialization in a field of Biotechnology with special relevance to Forestry is the desirable qualification. Ext.P2 certificate is seen awarded to the petitioner from the Forest Research Institute, Dehradun. WP(C) No.6461 of 2016 was disposed of as per Ext.P6 judgment dated 02.03.2016 affirming the entitlement of the petitioner to be interviewed.
57. The respondents have produced Ext.R3(a) consolidated mark sheet which shows that out of the 4 shortlisted candidates, petitioner Dr.Hassena was the only candidate who appeared in the interview. It is seen that she was awarded a total of 28.3 marks and it is mentioned "not found suitable". According to the petitioner the said remarks were rendered only because the screening committee found that her Ph.D was not in the relevant subject. But the proceedings of the selection committee has not made it clear as to whether the unsuitability was based on the Ph.D. Ext.P2 certificate shows that petitioner is a Ph.D holder in Forest Biotechnology. The qualification prescribed in the notification is 1st class M.Sc in W.P(C).Nos.6148 of 2016 and c/cases :62: Biotechnology/any branch of Science, Ph.D in a field of Biotechnology with desirable qualification of Ph.D in a field of Biotechnology.
58. According to the petitioner the remarks of the selection committee that she is not suitable, is made only because she appeared in the interview on the strength of the interim order.
59. A candidate cannot be found unsuitable on the ground of his or her appearance in the interview through court order. Therefore the said writ petition is disposed of directing the respondents to consider the case of the petitioner afresh in accordance with law.
60. From the pleadings relating to Scientist-B posts it is seen that the KFRI have not issued call letters to all the qualified candidates since they set apart certain posts for communal reservation. In several cases the candidates could appear in the interview based on the interim orders. In certain cases the candidates have approached this Court after the interview. In respect of certain disciplines there are no complaints.
61. In view of the findings in paragraphs 22 and 23 the contention regarding variation in the notification and the draft notification approved by the Council is unsustainable W.P(C).Nos.6148 of 2016 and c/cases :63: with respect to Scientist-B posts also. Similar is the case with the contention regarding reservation also, which would be governed by paragraphs 26 to 29 of this judgment. The setting apart of 9 posts of Scientist-B for communal reservation is illegal and the selection made thereto to the extent those are challenged in these writ petitions are to be made afresh, without applying any rules regarding communal reservation but with reference to the notified qualification. In the cases where interview is held with all the candidates who applied, based on interim orders and otherwise, the KFRI shall finalise the selection based on interview already held. In cases where any of the candidates is not interviewed, under the guise of communal reservation, fresh interview shall be held, in case they have approached this court; appointments if any made relating to the disciplines with respect to which there is no writ petition can be made regular.
62. In the aforesaid cases it is seen that petitioners in W.P.(C) Nos.4916/2016 and 6137/2016 have appeared in the interview for Scientist-B post in Forest Ecology based on interim orders. But the petitioner in W.P.(C) No.8024 could not appear for the interview. Therefore fresh interview shall be held for that post. Petitioner in W.P.(C) No. W.P(C).Nos.6148 of 2016 and c/cases :64: 6837/2016 could not appear in the interview for the post in Forest Biotechnology. The petitioner in W.P.(C) No.23397 of 2018 appeared and is claiming appointment. Fresh interview shall be held for that post, in accordance with the age as on 12.03.2013.
63. The petitioners in W.P.(C). Nos.5999 of 2016, 6091 of 2016 and 6238 of 2016 have appeared in the interview for the posts in Entomology and in Forest Entomology based on interim orders. The selection shall be finalised based on the interview conducted for those two disciplines. The eligibility of the petitioner in W.P.(C)No.5999 of 2016 would be subject to the orders on her application submitted for age relaxation. Interim order passed in her case is confirmed.
64. In W.P.(C) No.6117/2016, the petitioners have appeared in the interview for Soil Science. Selection shall be finalised based on the interview already held.
65. In W.P.(C) No.6137 of 2016 petitioner has appeared for the posts in Wildlife Biology, GIS, Landscape Ecology and Sociology also. But the petitioner in W.P.(C) No.8024 of 2016 could not appear in the interview for the posts of Wildlife Biology and Landscape Ecology also; therefore fresh interview shall be held for the posts of Scientist-B W.P(C).Nos.6148 of 2016 and c/cases :65: in Wildlife Biology and Landscape Ecology. The selection to the posts in GIS and Sociology shall be finalised on the basis of interview already held. In W.P.(C) No.6091 of 2016, petitioner appeared in the interview for Forest Protection also based on the interview. The selection to that post shall be finalised. It is made clear that in case appointment is already made and the said appointment is not specifically challenged impleading the person appointed, those appointments shall not be disturbed, even if any of the petitioners have filed writ petitions and appeared in the interview based on the interim order, in view of the direction of the Division Bench in the common judgment dated 01.08.2017 in W.A.No.396/2017 and Connected cases.
66. In W.P.(C). Nos.30799 & 30747 of 2015, petitioners have not stated whether they have submitted their applications. Therefore W.P.(C).Nos.30799 & 30747 of 2015 are dismissed.
It is made clear that this court has not considered the qualification or the eligibility of the petitioners, except where it is specifically found.
Sd/-
P.V.ASHA rtr/rkc JUDGE W.P(C).Nos.6148 of 2016 and c/cases :66: APPENDIX OF WP(C) 6148/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 01.02.2013 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 11.09.2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE POST OF SCIENTIST C IN WILDLIFE BIOLOGY UPON THE ISSUANCE OF EXT.P1 NOTIFICATION IN 2013.
EXHIBIT P3 A TRUE COPY OF THE PETITIONER'S APPLICATION DATED 12.10.2015.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DT.13.3.01 AWARDING MSC IN FIRST CLASS TO THE PETITIONER FROM UNIVERSITY OF CALICUT EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE DATED 9.4.2009 ISSUED FROM BHARATHIAR UNIVERSITY AWARDING PH.D TO THE PETITINER EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE AGENDA OF THE EXECUTIVE COMMITTEE MEETING HELD ON 29.06.2015.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 42ND E.C.MEETING OF THE 3RD RESPONDENT INSTITUTION.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 29.12.2015 ISSUED BY THE TAHSILDAR NILAMBUR EXHIBIT P7 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE 4TH RESPONDENT ON 29.9.2008 EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 15.3.2012 ISSUED BY THE 4TH RESPONDENT W.P(C).Nos.6148 of 2016 and c/cases :67: EXHIBIT P8 A TRUE COPY OF THE NOTE DATED 16.5.2012 EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 1.2.2013 ISSUED BY THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGES OF ENQUIRY NOTE NO.11 DATED 18.3.2016 EXHIBIT P11 TRUE COPY OF THE ADDITIONAL AGENDA NOTES OF THE 21ST MEETING OF RESEARCH COUNCIL SUBMITTED BY THE DIRECTOR AT THE TIME OF FINANCIAL ENQUIRY RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF OM NO.9/2/73-ESTT (SCT) DATED 23RD JUNE, 1975 ISSUED BY THE DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS EXHIBIT R4(B) TRUE COPY OF THE GOVERNMENT OF INDIA DEPARTMENT OF PERSONNEL AND TRAINING OM NO.36012/27/94-ESTT (SCT) DATED 13.5.1994 EXEMPTING SCIENTIFIC AND TECHNICAL POSTS FROM THE PURVIEW OF RESERVATION FOR OBC EXHIBIT R5(A) A COPY OF THE SECTION II PART IV OF THE SCIENTISTS' RECRUITMENT AND PROMOTIONS RULES OF THE KSCSTE SERVICE RULES 2003 EXHIBIT R5(B) A COPY OF THE RELEVANT PAGES OF THE CSIR SCIENTIST'S RECRUITMENT AND ASSESSMENT PROMOTION RULES 2001 EXHIBIT R5(C) A COPY OF THE O.M.36012/27/94-ESST.
(SCT) DATED 13.5.1994 EXHIBIT R5(D) A COPY OF THE GOVT. OF INDIA VIDE ORDER NO.A36011/1/2013-ESTT(RES) DATED 23.1.2016 EXHIBIT R5(E) A COPY OF THE CORRIGENDUM DATED 27.9.2015 W.P(C).Nos.6148 of 2016 and c/cases :68: EXHIBIT R9A PHOTOCOPY OF THE OM DATED 23-01-2014 ALONGWITH PARAGRAPH 2.8 OF THE BROCHURE. EXHIBIT R9B PHOTOCOPY OF THE RELEVANT PAGE OF PART A OF FIRST SCHEDULE (SEE RULES 3 & 4) TO THE CCS (REVISED PAY) RULES, 2008.
EXHIBIT R9C PHOTOCOPY OF THE RELEVANT PAGES OF THE SECTION II PART IV SCIENTIST RECRUITMENT AND PROMOTION RULES OF THE 3RD RESPONDENT-INSTITUTE.
W.P(C).Nos.6148 of 2016 and c/cases 69 APPENDIX OF WP(C) 30747/2015 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 11-09-2015 INVITING APPLICATIONS FOR THE POST OF SCIENTISTS IN VARIOUS DISCIPLINES UNDER 4TH AND 5TH RESPONDENT INSTITUTES EXHIBIT P2 EXHIBITS P2 TRUE COY OF THE RELEVANT PAGES OF SERVICE RULES OF 3RD RESPONDENT EXHIBIT P3 EXHIBIT P3 TRUE COPY OF THE CORRIGENDUM DATED 27-09-2015 ISSUED BY 4TH RESPONDENT INSTITUTE W.P(C).Nos.6148 of 2016 and c/cases 70 APPENDIX OF WP(C) 30799/2015 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE ACADEMIC COUNCIL, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY AWARDING PH.D DATED 05.09.2014.
EXHIBIT P2 EXHIBIT P2. TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VADAKKANCHERRY DATED 09.07.2015.
EXHIBIT P3 EXHIBIT P3. TRUE COPY OF THE NOTIFICATION NO.D14/KFRI/ESTT./98/11.09.15 DATED 11.09.2015 ISSUED BY 4TH RESPONDENT INVITING APPLICATIONS FOR THE POST OF SCIENTISTS IN VARIOUS DISCIPLINES.
EXHIBIT P4 EXHIBIT P4. TRUE COPY OF THE NOTIFICATION NO.JNTBGRI/DR/303/2015 DATED 11.09.2015 ISSUED BY 5TH RESPONDENT INVITING APPLICATIONS FOR THE POST OF SCIENTISTS IN VARIOUS DISCIPLINES.
EXHIBIT P5 EXHIBIT P5.TRUE COPY OF THE CORRIGENDUM DATED 27.09.2015.
EXT.P6: TRUE COPY OF THE NOTIFICATION BY THE 4TH RESPONDENT DT.1.3.12 (MATHRUBHUMI DAILY) EXT.P7: TRUE COPY OF THE NOTIFICATION BY THE 4TH RESPONDENT DT.1.2.13 (MANORAMA DAILY) EXT.p8: TRUE COPY OF THE ANSWERS GIVEN BY THE HON'BLE CHIEF MINISTER OF KERALA, THE PRESIDENT OF THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) IN THE KERALA LEGISLATIVE ASSEMBLY EXT.P9: TRUE COPY OF THE ANSWERS GIVEN BY THE HON'BLE CHIEF MINISTER OF KERALA, THE PRESIDENT OF THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) IN THE KERALA LEGISLATIVE ASSEMBLY EXT.P10: TRUE COPY OF THE NOTIFICATION ISSUED BY THE COUNCIL OF SCIENTIFIC&INDUSTRIAL RESERACH EXT.P11: TRUE COPY OF THE RELEVANT PAGES (PAGE NO.1,7&8) MINUTES OF THE 42ND EXECUTIVE COMMITTEE OF THE 1ST RESPONDENT HELD ON 29.6.15 W.P(C).Nos.6148 of 2016 and c/cases 71 EXT.P12: TRUE COPY OF THE AGENDA NO.42.22 FOR THE 42ND EXECUTIVE COMMITTEE OF THE 1ST RESPONDENT HELD ON 29.6.15 EXT.P13: TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY, KERALA LEGISLATIVE SECRETARIAT DT.31.3.11 TO THE SECRETARY, SCIENCE&TECHNOLOGY DEPARTMENT EXT.P14:TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT DT.29.8.14 EXT.P15: TRUE COPY OF THE APPLICATION SUBMITTED DT.7.10.15 EXT.P16: TRUE COPY OF THE RECEIPT OF POSTAGE DT.10.10.15 EXT.P17: TRUE COPY OF THE DELIVERY TRACKING RECORD EXT.P18: TURE COPY OF THE DELIVERY TRACKING RECORD RESPONDENTS' EXHIBITS:
EXT.R6A: TRUE COPY OF THE INTERVIEW CALL LETTER DT.11.1.16 ISSUED TO THE 1ST PETITIONER EXT.R6B: TRUE COPY OF THE INTERVIEW CALL LETTER DT.11.1.16 ISSUED TO THE 1ST PETITIONER EXT.R6C: TRUE COPY OF THE INTERVIEW CALL LETTER DT.11.1.16 ISSUED TO THE 2ND PETITIONER EXT.R6D: TRUE COPY OF THE INTERVIEW CALL LETTER DT.11.1.16 ISSUED TO THE 3RD PETITIONER W.P(C).Nos.6148 of 2016 and c/cases 72 APPENDIX OF WP(C) 4916/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1: TRUE COPY OF THE NOTIFICATION DATED 15.3.2012 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 EXHIBIT P2: TRUE COPY OF THE NOTIFICATION DATED 1.2.2013 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 EXHIBIT P3: TRUE COPY OF THE NOTIFICATION DATED 11.9.2015 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 EXHIBIT P4: TRUE COPY OF THE CERTIFICATE DATED 9.8.2001 AWARDING M.SC IN FIRST CLASS TO THE PETITIONER FROM UNIVERSITY OF CALICUT.
EXHIBIT P4A EXHIBIT P4(A): TRUE COPY OF THE CERTIFICATE DATED 4.11.2011 ISSUED BY FOREST RESEARCH INSTITUEE, DEHRADUN, AWARDING PH.D. TO THE PETITIONER.
EXHIBIT P5 EXHIBIT P5: TRUE COPY OF THE APPLICATION WITH UPDATED CREDENTIALS SUBMITTED BY THE PETITIONER PURSUANT TO THE ISSUANCE OF EXT.P-3.
EXHIBIT P6 EXHIBIT P6: TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE RULES.
EXHIBIT P7 EXHIBIT P7: TRUE COPY OF THE CORRIGENDUM DATED 27.9.2015.
EXHIBIT P8 EXHIBIT P8: TRUE COPY OF THE RELEVANT PAGES OF THE AGENDA OF THE EXECUTIVE COMMITTEE MEETING HELD ON 29.6.2015.
EXHIBIT P8A EXHIBIT P8(A): TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 42ND E.C. MEETING OF THE 3RD RESPONDENT INSTITUTION. W.P(C).Nos.6148 of 2016 and c/cases 73 APPENDIX OF WP(C) 5999/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1-TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 12/10/2015 ISSUED BY THE REGISTRAR OF THE KFRI EXHIBIT P2 P2-TRUE COPY OF THE NOTIFICATION NO.
D14/KFRI/ESTT/98/11/09/2015 DATED
11/09/2015
EXHIBIT P3 P3-TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER TO THE POST OF SCIENTIST B FOREST ENTOMOLOGY EXHIBIT P4 P4-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE POST OF SCIENTIST B (ENTOMOLOGY) EXHIBIT P5 P5-TRUE COPY OF THE BIO DATA SUBMITTED ALONG WITH EXHIBITS-P3 AND -P4 EXHIBIT P6 P6-TRUE COPY OF THE REPRESENTATION DATED 11/01/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P7 P7-TRUE COPY OF THE JUDGMENT DATED 09/01/2015 IN W.P(C) 730/2015 OF THIS HON'BLE COURT EXHIBIT P8 P8-TRUE COPY OF THE ORDER NO.
76/2015/KSCSTE DATED 16/07/2015 OF THE KSCSTE EXHIBIT P9 P9-TRUE COPY OF THE REPRESENTATION DATED 09/02/2016 SUBMITTERDF BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. W.P(C).Nos.6148 of 2016 and c/cases 74 APPENDIX OF WPC NO.6091/2016 PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTIFICATION DT.11.9.15 INVITING APPLICATIONS FOR THE POST OF SCIENTISTS IN VARIOUS DISCIPLINES UNDER 1ST RESPONDENT INSTITUTE EXT.P2: TRUE COPY OF APPLICATION FILED BY THE PETITIONER TO THE POST OF ENTOMOLOGY EXT.P3: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE POST OF FOREST ENTOMOLOGY W.P(C).Nos.6148 of 2016 and c/cases 75 APPENDIX OF WP(C) 6117/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1 : TRUE COPY OF THE CERTIFICATE OF PH.D IN SOIL SCIENCE ISSUED BY THE RECOGNIZED UNIVERSITY TO THE 1ST PETITIONER.
EXHIBIT P2 P2 : TRUE COPY OF CERTIFICATE OF PH.D IN SOIL SCIENCE ISSUED BY THE RECOGNIZED UNIVERSITY TO THE 2ND PETITIONER.
EXHIBIT P3 P3 : TRUE COPY OF CERTIFICATE OF MSC.
DEGREE IN SOIL SCIENCE ISSUED IN FAVOUR OF THE 3RD PETITIONER.
EXHIBIT P4 P4 : TRUE COPY OF NOTIFICATION DT 11-9-2015 PUBLISHED BY THE 1ST RESPONDENT.
EXHIBIT P5 P5 : TRUE COPY OF APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT FOR THE VACANCY OF SOIL SCIENCE
-SCIENTIST B-GENERAL MERIT.
W.P(C).Nos.6148 of 2016 and c/cases 76 APPENDIX OF WP(C) 6137/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1 - TRUE COPY OF THE NOTIFICATION DT.
11.9.2015 INVITING APPLICATIONS FOR THE POST OF SCIENTISTS IN VARIOUS DISCIPLINES.
EXHIBIT P2 P2 - TRUE COPY OF THE ORDER OF THE 2ND RESPODENT DT. 15.10.2015.
EXHIBIT P3 P3 - TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE POSTS OF SCIENTIST B IN WILDLIFE BIOLOGY.
EXHIBIT P4 P4 - TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE POSTS OF SCIENTIST B IN FOREST ECOLOGY.
EXHIBIT P5 P5 - TRUE COPY OF APPLICATION FILED BY THE PETITIONER TO THE POSTS OF SCIENTIST B IN GIS.
EXHIBIT P6 P6 - TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE POSTS OF SCIENTIST B IN SOCIOLOGY.
W.P(C).Nos.6148 of 2016 and c/cases 77 APPENDIX OF WP(C) 6238/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1 - TRUE COPY OF NOTIFICATION DT.
11.9.2015 NUMBERED NO.
D14/KFRI/ESTT/98/11.9.15.
EXHIBIT P2 P2 - TRUE COPY OF THE APPLICATION DT.
08.10.2015 FOR THE POST OF SCIENTIST B -
FOREST ENTOMOLOGY.
EXHIBIT P3 P3 - TRUE COPY OF THE APPLICATION DT.
08.10.2015 FOR THE POST OF SCIENTIST B -
ENTOMOLOGY.
EXHIBIT P4 P4 - TRUE COPY OF MATHRUBHUMI NEWSPAPER REPORT DT. 17.2.2016.
EXHIBIT P5 P5 - TRUE COPY OF INTERIM ORDER DT.
17.2.2016 IN WPC NO. 6091/2016.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(A) THE COMMUNICATION BEARING NUMBER D112/KFRI/ESTT./04 DATED 04.02.2016 RECEIVED FROM THE SECOND RESPONDENT BY THE PETITIONER.
W.P(C).Nos.6148 of 2016 and c/cases 78 APPENDIX OF WP(C) 6837/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY ADVERTISEMENT NO./DATED 01/03/12 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE M.SC.CERTIFICATE DATED 10-10-2001 OF THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE PH.D.CERTIFICATE DATED 01-06-2011 OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE BIO-DATA OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE APPLICATION (FORMAT) SUBMITTED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 01/02/13 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTIFICATION NO.D14/KFRI/ESTT./98/11.09.15 DATED 11.09.2015 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE APPLICATION (FORMAT) DATED 10.10.2015 SUBMITTED BY THE PETITIONER IN RESPONSE TO EXHIBIT-P7 NOTIFICATION.
W.P(C).Nos.6148 of 2016 and c/cases 79 APPENDIX OF WP(C) 7125/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXT.P1. TRUE COPY OF THE NOTIFICATION DATED 11/9/2015 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 EXT.P2. TRUE COPY OF THE PETITIONER'S APPLICATION DATED 5/10/2015.
EXHIBIT P3 EXT.P3. TRUE COPY OF THE RELEVANT PAGES OF THE AGENDA OF THE EXECUTIVE COMMITTEE MEETING HELD ON 29/6/2015.
EXHIBIT P3A EXT.P3A. TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE 42ND E.C. MEETING OF THE 3RD RESPONDENT INSTITUTION EXHIBIT P4 EXT.P4. TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE RULES.
EXHIBIT P5 EXT.P5. TRUE COPY OF THE CERTIFICATE DATED 1/10/2010 ISSUED BY THE DISTRICT MAGISTRATE/DY.COMMISSIONER EVIDENCING THAT THE PETITIONER BELONGS TO SALIYA COMMUNITY.
RESPONDENTS' EXHIBITS-
EXT.R5A: TRUE COPY OF THE APPOINTMENT ORDER DT.24.2.16 EXT.R5B: TRUE COPY OF THE RELIEVING ORDER DT.29.2.16 EXT.R5C: TRUE COPY OF THE RANK LIST OF SCIENTIST E1 DT.25.2.16 EXT.R5D: TRUE COPY OF THE TYPED COPY OF THE NOTIFICATION EXT.R5E: TRUE COPY OF THE AGENDA OF THE 15TH RESEARCH COUNCIL MEETING DT.3.8.12 EXT.R5F: TRUE COPY OF THE MINUTES OF THE 15TH MEETING OF THE RESEARCH COUNCIL DT.3.8.12 W.P(C).Nos.6148 of 2016 and c/cases 80 APPENDIX OF WP(C) 8024/2016 EXT.P1: TRUE COPY OF THE NOTIFICATION DT.11.9.15 ISSUED BY R4.
EXT.P2: TRUE COPY OF THE PETITIONER'S APPLICATION DT.12.10.15 TO THE POST OF SCIENTIST B IN FOREST ECOLOGY EXT.P2A: TRUE COPY OF THE PETITIONER'S APPLICATION DT.12.10.15 TO THE POST OF SCIENTIST B IN WILDLIFE BIOLOGY EXT.P3: TRUE COPY OF THE CORRIGENDUM DT.27.9.15 EXT.P4: TRUE COPY OF THE CERTIFICATE DT.15.12.14 ISSUED BY THE VILLAGE OFFICER CHUNKATHARA EXT.P5: TRUE COPY OF THE CALL LETTER DT.4.2.16 ISSUED TO THE PETITIONER FOR APPEARING BEFORE THE INTERVIEW COMMITTEE W.P(C).Nos.6148 of 2016 and c/cases 81 APPENDIX OF WP(C) 41111/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 24.2.2016.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 29.2.2016.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN
W.A.NO.396/2017 ON THE FILE OF THIS
HONOURABLE COURT DATED 1.8.2017.
EXHIBIT P4 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER TO THE 1ST RESPONDENT DATED
9.11.2017.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION SENT TO THE
PETITIONER DATED 20.11.2017.
W.P(C).Nos.6148 of 2016 and c/cases
82
APPENDIX OF WP(C) 23397/2018
PETITIONER'S/S EXHIBITS:
EXT.P1 TRUE COPY OF THE MASTER DEGREE CERTIFICATE
AWARDED TO THE PETITIONER IN MICROBIOLOGY.
EXT.P2. TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTORATE OF PHILOSOPHY AWARDED TO THE PETITIONER.
EXT.P3. TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY REGISTRAR KERALA FOREST RESEARCH INSTITUTE.
EXT.P4. TRUE COPY OF THE NOTIFICATION BEARING NO.
D14/KFRI/ESTT.98-11915 DATED 11-09-2015 ISSUED BY 3RD RESPONDENT.
EXT.P5. TRUE COPY OF THE INTERIM ORDER DATED 19.2.2016 IN W.P.(C) NO. 6461/2016.
EXT.P6. TRUE COPY OF JUDGMENT DATED 2-3-2016 IN WP(C) NO. 6461/16.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(a) TRUE COPY OF THE PROCEEDINGS IN POST NO.9, SCIENTIST B FOREST BIOTECHNOLOGY SIGNETAL BY THE MEMBERS