Kerala High Court
Rachith. M.Prabhu vs The Convenor, Recruitment Commitee on 9 June, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 4328 OF 2021
PETITIONER:
RACHITH. M.PRABHU
S/O.K.MURALEEDHARA PRABHU, EDAKKATTIL HOUSE, AZAD ROAD,
ALUVA, ERNAKULAM, PIN-683 101.
BY ADVS.
KURIAN ANTONY EDASSERY
SMT.ANN EMIL JOSEPH
SRI.R.SURESHKUMAR
SRI.BOSE K.THACHIL
RESPONDENTS:
1 THE CONVENOR, RECRUITMENT COMMITEE,
ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION
LTD. (MILMA), EDAPPALLY, KOCHI-24.
2 THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR, MILMA BHAVAN,
PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.
3 BOCKINO T.ASHOK
THEVERKATTIL HOUSE, KIZHUMURI P.O. RAMAMANGALAM,
ERNAKULAM-6866634.
4 MIDHUN.P
PATTATH HOUSE, P.O.PERINCHERY, OLLUR, THRISSUR-680306.
5 NEERAJ M. NAIR
PRANAV ERUMBAPULLY H, KOLATHARA P.O., CALICUT, PIN-
673655
6 NIDHEESH.P.
SYAMALA VILASOM, VAZHAMUTTOM EAST, P.O.MALLASSERY,
PATHANAMTHITTA- 689646.
7 ARUNKUMAR N.D.
NANDANAM, THAYEZHUTHU LANE, NAYARAMBALAM P.O.,
ERNAKULAM-682 509.
WP(C) NO. 4328 OF 2021
2
BY ADVS.
SMT.LATHA ANAND
O.D.SIVADAS
AJI V.DEV
ALAN PRIYADARSHI DEV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4328 OF 2021
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JUDGMENT
The Kerala Co-operative Milk Marketing Federation Limited ('MILMA' for short) issued Ext.P5 notification calling for candidates to various posts, including Technical Superintendent (Engineering) under their services.
2. It is without contest that the qualifications prescribed for the afore post, inter alia, was minimum of two years experience.
3. The question in this case is whether the period spent by the petitioner as an Apprentice with the 'Travancore Cochin Chemicals Limited', as reflected from Ext.P4, can be reckoned, while computing the minimum period of two years experience.
4. The petitioner asserts that the period covered by Ex.P4 should also be accounted for, because the Government of Kerala has, through WP(C) NO. 4328 OF 2021 4 Ext.P11, made it clear that provisional certificates issued by the Board of Apprenticeship Trainee (BOAT), Ministry of Human Resource Development, after completion of one year apprenticeship, shall be considered as one year experience for employment in State Government organizations. The petitioner points out that Ext.P4 Certificate has been issued by the BOAT and thus contends that the 'MILMA' is obligated, under the impact of Ext.P11, to take the period covered by it also as experience. He thus prays that the respondents be directed to consider his request for appointment, adverting to Ext.P4.
5. The afore submissions of Sri.Kurian Antony Edassery - learned counsel for the petitioner, were answered by Sri.Vishnu.S - representing Smt.Latha Anand - learned Standing Counsel for the 'MILMA', saying that, WP(C) NO. 4328 OF 2021 5 for the first, Ext.P11 would have no application to the services of his client, since it is made clear therein that it applies only to employment under the State Government Organizations; and for the second, that Ext.P4 Certificate, even if it is assumed to be genuine, indubitably shows that the petitioner did not work, but only trained as an Apprentice. He thus contented that the reliefs sought for by the petitioner in this writ petition are totally untenable; thus praying that this writ petition be dismissed.
6. In reply, Sri.Kurian Antony Edassery - learned counsel for the petitioner, submitted that the 'MILMA' cannot shy away from Ext.P11, because it comes within the sweep of Article 12 of the Constitution of India and is therefore, covered by the rigor of its contents. He argued that, therefore, their stand in not accepting Ext.P11, on the ground WP(C) NO. 4328 OF 2021 6 that it applies only to organizations under the Government of Kerala, is untenable.
7. When I consider the afore rival submissions, it is perspicuous that there are two broad issues involved in this case, namely, as to whether Ext.P11 would apply to the 'MILMA'; and secondly, whether the period spent by the petitioner under apprenticeship and reflected in Ext.P4, can be construed as work experience.
8. Going by the Apprentices Act, 1961 (hereinafter referred to as 'Act' for short), an "Apprentice" has been defined to be a person undergoing Apprenticeship Training.
"Apprenticeship training" is then defined to mean a course of training in any industry or establishment, undergone under prescribed terms and conditions. Therefore, prima facie, the period of apprenticeship generally cannot be treated as a part of work experience, WP(C) NO. 4328 OF 2021 7 though it is possible that institutions can always treat the same as so. This is exactly what the Government has done through Ext.P11, wherein, they have mandated that the certificate of Apprenticeship issued by the BOAT, Ministry of Human Resource Development, after completion of one year apprenticeship shall be considered as one year experience for employment in State Government Organizations. However, 'MILMA' is not a State Government Organization, but is a Society registered and functioning under the provisions of the Kerala Co-operative Societies Act and Rules thereunder. Even though they may be discharging public duties and thus within the sweep of Article 12 of the constitution of India, in matters relating to qualifications and terms qua their services, it is limpid that they are bound by their own Regulations and Bye-laws.
WP(C) NO. 4328 OF 2021 8
9. Obviously, therefore, Ext.P11 cannot automatically apply to 'MILMA', even if it is assumed that they would come within the concept of 'State' constitutionally.
10. Coming to the other contention of the petitioner, that Ext.P4 has been issued by the BOAT under the Ministry of Human Resources Development, could also be of no help to them, unless the 'MILMA' recognizes the period covered by it as work experience. It is on record that they have never done so and that they do not intend to do so in future and therefore, this Court cannot now force them to take such a policy decision, which is within their realm and discretion.
11. As I have already said above, normally, an Apprentice is a person who has undergone a training and resultantly, if that period has to be treated as experience, it ought to be evaluated by the entity which WP(C) NO. 4328 OF 2021 9 intents to employee the said person; and it would not be within the province of this Court to make any declaration one way or the other in that regard.
Resultantly, I have no other option, but dismiss this writ petition; however, clarifying that nothing contained in this judgment will stand in the way of the eligibility of the petitioner for appointment in any organization of Government of Kerala under Ext.P11, subject to his entitlement.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 4328 OF 2021 10 APPENDIX OF WP(C) 4328/2021 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER DATED 02.03.2018 ISSUED BY THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM. EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF EXPERIENCE ISSUED BY M/S. MAZEARC ENGINEERS, UDYOGMANDAL DATED 31.03.2018. EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY M/S. JNBS HR SOLUTIONS LLP REGARDING THE EXPERIENCE OF THE PETITIONER AT AVT NATURAL PRODUCTS.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT DATED 22.10.2019 CERTIFYING THE APPRENTICESHIP OF THE PETITIONER UNDER THE NATIONAL APPRENTICESHIP TRAINING SCHEME OF TRAVANCE COCHIN CHEMICAL LTD. EXHIBIT P5 A TRUE COPY OF THE NOTIFICATION DATED 25.10.2019 FOR RECRUITMENT ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE ACKNOWLEDGMENT OF THE APPLICATION OF THE PETITIONER DATED 26.10.2019.
EXHIBIT P7 A TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER DATED 04.09.2020. EXHIBIT P8 THE TRUE COPY OF THE INTIMATION DATED 01.01.2021 ISSUED TO THE PETITIONER REGARDING THE VERIFICATION OF CERTIFICATE CREDENTIALS ON 08.01.2021.
EXHIBIT P9 A TRUE COPY OF THE BIO DATA SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXHIBIT P10 NIL.
WP(C) NO. 4328 OF 2021
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EXHIBIT P10 A A TRUE COPY OF THE FORM OF EXPERIENCE
CERTIFICATE DULY FILED AND SUBMITTED BY THE PETITIONER FOR HIS EXPERIENCE AT MAZE ARC ENGINEERS.
EXHIBIT P10 B A TRUE COPY OF THE FORM OF EXPERIENCE CERTIFICATE DULY FILLED AND SUBMITTED BY THE PETITIONER FOR HIS EXPERIENCE AT AVT NATURAL PRODUCTS LTD.
EXHIBIT P10 C A TRUE COPY OF THE FORM OF EXPERIENCE CERTIFICATE DULY FILLED AND SUBMITTED BY THE PETITIONER FOR HIS EXPERIENCE AT TRAVANCORE COCHIN CHEMICALS LTD. EXHIBIT P11 A TRUE COPY OF THE GO(MS) 635/2013/H.EDN.
DATED 05.10.2013.
EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 06.05.1997 ISSUED BY THE ADDITIONAL APPRENTICESHIP ADVISOR MINISTRY OF HUMAN RESOURCE DEVELOPMENT.
EXHIBIT P13 NIL. EXHIBIT P13 A A TRUE COPY OF THE PRINTOUT OF THE EMAIL
SENT BY THE PETITIONER TO THE GOVERNOR OF KERALA DATED 10.02.2021.
EXHIBIT P13 B A TRUE COPY OF THE PRINTOUT OF THE EMAIL SENT BY THE PETITIONER TO THE MINISTER FOR FOREST,. ANIMAL HUSBANDRY AND ZOO, GOVERNMENT OF KERALA DATED 28./01.2021. EXHIBIT P14 A TRUE COPY OF G.O.(RT.)NO.117/2018/DD DATED 21/11/2018 ISSUED BY THE AGRICULTURE (DIARY) DEPARTMENT EXHIBIT P15 A TRUE COPY OF G.O.(RT.)NO.14/2019/DD DATED 31.01.2019 ISSUED BY THE AGRICULTURE (DIARY) DEPARTMENT EXHIBIT P16 A TRUE COPY OF THE EXTRACT EXTRA ORDINARY GAZETTE NOTIFICATION REGARDING THE ONE-TIME REGISTRATION TO THE POST OF TECHNICAL SUPERINTENDENT (ENGINEERING) ISSUED BY THE WP(C) NO. 4328 OF 2021 12 KERALA PUBLIC SERVICE COMMISSION RESPONDENTS' EXHIBITS:
ANNEXURE R1A TRUE COPY OF JUDGMENT IN WPC 2986 OF 2021 DATED 8.2.2021