Janova T S vs The Kerala Public Service Commission on 26 October, 2023

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Kerala High Court

Janova T S vs The Kerala Public Service Commission on 26 October, 2023

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 35061 OF 2023

PETITIONER :-

           JANOVA T S, AGED 35 YEARS
           D/O.SILVERSTER, AGED 35 YEARS, THOTTUNKAL,
           VADACKAL, SANATHANAPURAM P O,
           ALAPPUZHA, PIN -, PIN - 688003

           BY ADVS.
           PRAMOJ ABRAHAM
           SARANYA CHANDRAN
           K.A.ANISH

RESPONDENTS :-

     1     THE KERALA PUBLIC SERVICE COMMISSION
           REPRESENTED BY ITS SECRETARY, THULASI HILLS,
           PATTOM PALACE P O, THIRUVANANTHAPURAM, PIN - 682001

     2     THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
           DEVELOPMENT LIMITED (MATSYAFED)
           REPRESENTED BY ITS MANAGING DIRECTOR,
           KAMALESWARAM, MANACAUD P O,
           THIRUVANANTHAPURAM, PIN - 689009

     3     FISHERIES OFFICER
           KERALA FISHERMEN'S WELFARE FUND BOARD, THUMPOLY,
           MATSYA BHAVAN, THIRUVAMBADY P O, ALAPPUZHA, PIN - 688002

           BY SRI.P.C.SASIDHARAN, SC FOR KPSC
              SRI.T.P.PRADEEP, SC FOR MATSYAFED

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35061 OF 2023
                                              2




                                      JUDGMENT

The petitioner states that her father is a fisherman and a member of the Kerala Fisherman Welfare Fund Board. While so, the first respondent invited online applications to the post of Project Officers in the Kerala State Co-operative Federation for Fisheries Development. There were two streams: the first category was for fishermen/dependent of the fisherman community, and the 2nd for the General Category.

2. The petitioner states that though being the daughter of a fisherman, she was entitled to apply for category (1), she was prevented from doing so as the third respondent did not issue a dependency certificate prior to the submission of the application. She applied in the 2nd category, and her name has been included in the Rank List.

3. The petitioner approached this Court, and pursuant to directions issued in W.P.(C) NO.40670 of 2022, Ext.P8 dependency certificate has now been issued.

4. Armed with the certificate, the petitioner is stated to have approached the 1st respondent and submitted Ext.P9 request and sought for grant of benefits flowing from Ext.P8 and to consider her under the 30% quota set apart for fisherman/dependents of the fisherman community. Complaining of non-consideration of the application, the WP(C) NO. 35061 OF 2023 3 petitioner has approached this Court with this Writ Petition.

5. I have heard Sri. Pramoj Abraham, the learned counsel appearing for the petitioner, and the learned standing counsel.

6. It is submitted by the learned standing counsel that his request at this stage is for issuance of direction to the 1st respondent to consider Ext.P9 request and to grant the benefits of Ext.P8 to the petitioner.

Having regard to the facts and circumstances, this Writ Petition is disposed of directing the 1st respondent to take a decision on Ext.P9, with notice to the petitioner, after adverting to Ext.P8, expeditiously, in any event within a period of one month from the date of receipt of a copy of this order. The petitioner shall produce a copy of the judgment along with the writ petition before the concerned respondent.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE SMA WP(C) NO. 35061 OF 2023 4 APPENDIX OF WP(C) 35061/2023 PETITIONER EXHIBITS :-

Exhibit P1 A TRUE COPY OF THE GAZETTE NOTIFICATION VIDE CATEGORY NO. 221/2020 DATED 16.11.2020 Exhibit P2 A TRUE COPY OF THE GAZETTE NOTIFICATION VIDE CATEGORY NO. 220/2020 TO THE POST OF PROJECT OFFICERS IN MATSYAFED PUBLISHED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE GRADUATION CERTIFICATE OF THE PETITIONER ISSUED BY KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF IDENTITY CARD ISSUED TO THE FATHER OF THE PETITIONER BY THE KERALA FISHERMAN WELFARE FUND BOARD Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF THE ADMISSION TICKET ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE RANK LIST IN RESPECT OF CATEGORY NO.220/2020 Exhibit P7 A TRUE COPY OF THE RANK LIST IN RESPECT OF CATEGORY NO.221/2020 Exhibit P8 A TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED 04.9.2023ISSUED TO THE PETITIONER Exhibit P9 A TRUE COPY OF THE SAID REQUEST DATED 7.9.2023 WP(C) NO. 35061 OF 2023 5

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