Kerala High Court
Jithin Raj P vs State Of Kerala on 28 February, 2022
Author: V.G.Arun
Bench: V.G.Arun
WP(C).12538 & 13961/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943
WP(C) NO. 13961 OF 2021
PETITIONER/S:
ABIN BIJI
AGED 28 YEARS
CHIRANGARA HOUSE, KARUKAPADAM P.O, KOTHAMANGALAM,
ERNAKULAM - 686691.
BY ADVS.
K.JAJU BABU (SR.)
M.U.VIJAYALAKSHMI
BRIJESH MOHAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, ENVIRONMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE KERALA STATE POLLUTION CONTROL BOARD
PATTOM, THIRUVANANTHAPURAM - 695004, REPRESENTED BY
ITS MEMBER SECRETARY.
3 THE KERALA PUBLIC SERVICE COMMISSION
THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM
- 695004, REPRESENTED BY ITS SECRETARY.
4 A.B. PRADEEP KUMAR
CHAIRMAN, KERALA STATE POLLUTION CONTROL BOARD,
RESIDING AT TC/455(1) SHRUTHI, MADHU MUKKU, ANAYARA,
THIRUVANANTHAPURAM - 695029.
5 GEETHALAKSHMI,
ADDITIONAL SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001, (FORMERLY
ON DEPUTATION AS ADMINISTRATIVE OFFICER, THE KERALA
WP(C).12538 & 13961/21 2
STATE POLLUTION CONTROL BOARD, PATTOM,
THIRUVANANTHAPURAM)
6 PADMAJA P. NATARAJAN
D/O. TANARAJAN, "PUTHEN HOUSE", KANIMANGALAM,
NEMMARA, PALAKKAD - 678508.
7 ARYA P
"RANI BHAVAN", MUTTAPPALAM, PERUNGUZHI P.I,
THIRUVANANTHAPURAM - 695305.
8 VISHNU UDAYAN S
"USHAS', SASTHAMKONAM, VADACODE, PERUMPAZHATHOOR
P.O, THIRUVANANTHAPURAM - 695126.
9 JYOTHILEKSHMI O
"JYOTHI BHAVAN", ELAVOOR, PALLIMON P.O, KOLLAM -
691576.
10 GANGA P.V
"PUTHUVEETIL HOUSE", KOTHAKULAM, VALAPPAD, THRISSUR
- 680567.
11 SARANYA ARAVINDAN
"SARANYA BHAVAN", 41, VEMBAYAM, KONCHIRA P.O,
THIRUVANANTHAPURAM - 695615.
12 FOUSIYA M.P
"MADATHIL POYIL", KAYANNA, KAYANNA BAZAR, KOZHIKODE
- 673525.
13 RADHIKA P.R
"SREEGANESH HOUSE", DWARAKA, KAMMANA POST, WAYANAD -
670645.
14 TONY TOM
"MANAPRAMBIL HOUSE", KOTTAPURAM, THRISSUR - 680667.
15 ANJU C.S
ANJUNIVAS, KAITHOTTUKUZHI, MLA ROAD, INDIRAGI NAGAR,
KARIAVATTOM P.O, THIRUVANANTHAPURAM - 695581.
16 RAHUL RAJ S
"NARTHYA', MANIYUR, MANIYUR P.O, KOZHIKODE - 673523.
WP(C).12538 & 13961/21 3
17 DEEPU JOSE
"KUNNATHUPURAYIDOM", CHETTUTHODU, KOTTAYAM - 686508.
18 SOUMYA A.C
"ARIKKATTU HOUSE",. KOTTANELLUR, KOTTANELLUR P.O,
THRISSUR - 680662.
19 REVATHY M
ANIYAPPA HOUSE, TRIPPALUR, PALAKKAD - 678545.
20 MEERA MOHANAN
"KOPPARAMBIL", T.V. PURAM VAIKOM, T.V.PURAM P.O,
KOTTAYAM - 686606.
21 DEEPA VIJAYAN
"KALLAMPUDAVIL HOUSE", S.N. PURAM, THAIKKATTUKARA
P.O, ALUVA - 683106.
22 RISHANA M
MULACKAPATHALIL HOUSE, PEROONCHI, NEDIYANGA, KANNUR
- 670631.
23 PONNULAKSHMI V
"KOODATHUMKANDY", NANMINDA, NANMINDA P.O, KOZHIKODE
- 673613.
24 NIJAMOL T.S
THETTIYODUKAL PUTHENVEEDU, NEDUMKANDAM, NEDUMKANDAM
P.O, IDUKKI - 685553.
25 ASHA SURENDRAN
PLAMURIYIL HOUSE, KUZHIKANDAM, KUZHITHOLU P.O,
IDUKKI - 685551.
26 SARIN P
UPASANA, KUDUKKIMETTA, EACHUR, KANNUR - 670591.
27 LINITHA P RAJENDRAN
KANIYAMPARAMBIL HOUSE, ETTEKKAR, EDATHALA, ALUVA,
ERNAKULAM - 683564.
28 ARUN VIVEK S
KOLLAMPARAMBIL HOUSE, KUTTANTHURUTH, THALAPPILLY
P.O, ERNAKULAM - 683520.
WP(C).12538 & 13961/21 4
29 TONY JOHN
MUDAVAN MURY, KUMBALANGY P.O, ERNAKULAM - 682007.
30 ANJANA PAVITHRAN
PUTHENPURAKKAL HOUSE, THATTAKKUZHA P.O, IDUKKI -
685581.
31 BIJITHA B.M
"B.M. NIVAS", PONGUVILA, PARAKKAL, ALIYADU P.O,
THIRUVANANTHAPURAM - 695507.
32 DINOY P.S
PARUVAKKAL HOUSE, ELAVANCHERY P.O, PALAKKAD -
678508.
33 AJMAL V.E
VALIYAPARAMBIL HOUSE, VALLUVALLY, KOONAMMAVU P.O,
ERNAKULAM - 683518.
34 NIMISHA K.V
KOLANGARA VEETIL HOUSE, KAKKAD P.O, KANNUR - 670005.
35 DILJITH R.G
KOYILOTH HOUSE, VEEMANGALAM, KADALOOR, KOZHIKODE -
673529.
36 LINCY BABYKUTTY
THENGUM THARAYIL, THUVAYOOR NORTH, MANKALA P.O,
ADOOR, PATHANAMTHITTA - 691551.
37 ANSY N
"ANSY MANZIL", KOONTHALLUR, CHIRAYINKEEZHU P.O,
THIRUVANANTHAPURAM - 695304.
38 GOPIKA KRISHNA
VELOOTHURUTHY WARRIUM, KUZHIMATTOM, KOTTAYAM -
686533.
39 SUKANYA V
CHENGALAMKADU HOUSE, KANNADI P.O, PALAKKAD - 678701.
40 ANU JOHNY
KOMMATTATHIL HOUSE, MUTHOLA PURAM P.O, ERNAKULAM -
686665.
WP(C).12538 & 13961/21 5
41 NIKHIL T.P
THYVACHA PARAMBATH, CHEMMARATHUR P.O, VATAKARA VIA,
KOZHIKODE - 673104.
42 RESMA PAUL
CHELANGARA HOUSE, VELLANGALLOOR, THRISSUR - 680662.
43 SHAKHIR M.ISMAYIL
MANJUMATTATHIL HOUSE, THODUPUZHA, IDUKKI - 685581.
44 SANGEETHA P.S
PALLATH HOUSE, KAVILPADAM, KODAKARA, THRISSUR -
680684.
45 ADARSH G.L
M.V. MANDIRAM, KUTTANINNATHIL, POOVAR,
THIRUVANANTHAPURAM - 695525.
46 SARATHKUMAR S
POKKATTU KIZHAKKATHIL, THRIKKUNNAPUZHA NORTH,
KAKKAKUNNU, KOLLAM - 690522.
47 REMYA MOHANAN
VIYYOKKARAN HOUSE, VARADIYAM, THRISSUR - 680541.
48 GOPIKA KRISHNAN
KRISHNA VILASOM, VELIYAM P.O, KOLLAM - 691540.
49 INDHU I
VALIYAVILAVADAKKATHIL, 460(16/391), KARUNAGAPPALLY,
KOLLAM - 690519.
50 SAJINKUMAR V.
"VIPIN VIHAR", KURUMPAKARA P.O, PATHANAMTHITTA -
689695.
51 SREEJA S ANAND
PARAMU BHAVAN, KAVADITHALAKKAL, MANIKANDESWARAM P.O,
THIRUVANANTHAPURAM - 695013.
52 ANIT ELIZABETH SEBASTIAN
KONATTEL, KALATHOOR, KALATHOOR P.O, KOTTAYAM -
686633.
53 SHADIYA C
WP(C).12538 & 13961/21 6
CHEEROTH HOUSE, ANGADIPPURAM, ARIPRA, MALAPPURAM -
679321.
54 JISNA JOSE
C/O. SRI.P.O. JOSE. ANTOPURAM, OKKAL, ERNAKUALM -
683550.
55 PRIYADARSHINI JOSEPH
SALVATION ARMY CHURCH MUTHUVILA, MUTHUVILA P.O,
THIRUVANANTHAPURAM - 695610.
56 NITHYA VARGHESE
PULIMOOTTIL PUTHEN VEEDU, PARUTHIYARA, ODANAVATTOM
P.O, KOLLAM - 691512.
57 GAYATHRI P.N
PONNOTH HOUSE, SREEKRISHNALAYAM, NATTIKA BEACH,
NATTIKA, THRISSUR - 680572.
58 SREEKUMAR C.S
CHELAKKATTU HOUSE, THAIKKATTUKARA P.O, ALUVA -
683106.
59 NIDHIN A.J
VANCHIVILA VEEDU, ERAM, KARAMCODE P.O, KOLLAM -
691579.
60 NANDHRAJ S
NGO QUARTERS, NO.F-4, NEAR CIVIL STATION, CUTCHERY
P.O, KOLLAM - 691013.
61 NIMYA S
PALLIKAD HOUSE, PERUVEMBA, PERUVEMBA P.O, PALAKKAD -
678531.
62 JAYALAKSHMI SASIDHARAN
NEDUMTHARAYIL (OZHANKAL) HOUSE,
KALLEKKULAM, POONJAR, THEKKEKARA, KOTTAYAM - 686582.
63 ADDL.63.MS.TINCY BABY
AGED 34 YEARS, D/O.T.M.BABY, RESIDING AT KOORAN
THAZHATHUVEETTIL HOUSE, VAPPALASSERY P.O. ANGAMALY -
683 572 (RANK NO.2589 & REGISTRATION NO.344027.)
64 ADDL.R64.MS.MINNU MARIA JOSEPH
WP(C).12538 & 13961/21 7
AGED 28 YEARS, D/O.JOSEPH P.GEORGE, RESIDING AT
PARACKAL HOUSE, VADAYAMPADY P.O., PUTHENCRUZ,
ERNAKULAM - 682 308. (RANK NO.2469 & REGISTRATION
NO.365745).
65 ADDL.65.MR.SONU PAULOSE
AGED 32 YEARS, S/O.PAULOSE P.S., RESIDING AT
PAREKKUDIYIL HOUSE, THRIKKARIYOOR P.O.,
KOTHAMANGALAM, ERNAKULAM - 686 692 (RANK NO.2369 &
REGISTRATION NO.363114)
66 ADDL.R66.MR.AKHIL.M
AGED 30 YEARS, S/O.MOHAN KUMAR B., RESIDING AT LATHA
BHAVAN, PERUMBUZHA THAAZHAM, PERUMBUZHA P.O., KOLLAM
- 691 504. (RANK NO.2417 & REGISTRATION NO.233712)
67 ADDL.R67.MS.MEERA SATHEESH
AGED 38 YEARS, D/O.SATHEESH CHANDRA RAJ, RESIDING AT
CHAYAMUKHI, PRA 105/5, PADMA VILASAM LANE,
PEROORKKADA P.O., THIRUVANANTHAPURAM - 695 005 -
(RANK NO.4276 & REGISTRATION NO.121594)
[ARE IMPLEADED AS PER ORDER DATED 03.09.2021 IN
I.A.1/2021 IN WP(C)13961/2021]
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SHRI.P.C.SASIDHARAN, SC, KPSC
R.T.PRADEEP
S.SABARINADH
INDULEKHA JOSEPH
OTHER PRESENT:
GP VENUGOPAL V. SR.ADV.JAJU BABU FOR PETNRS IN WPC
13961/21
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2022, ALONG WITH WP(C).12538/2021, THE COURT ON 28.2.2022
DELIVERED THE FOLLOWING:
WP(C).12538 & 13961/21 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943
WP(C) NO. 12538 OF 2021
PETITIONER/S:
JITHIN RAJ P.,
AGED 33 YEARS
S/O. RAJENDRAN P N, PANTHILIKKUDY HOUSE, PARAPPURAM,
KIZHAKUMBHAGAM, ERNAKULAM 683575
BY ADVS.
AMRIN FATHIMA
STEFIN THOMAS
RESPONDENT/S:
1 STATE OF KERALA
SECRETARIAT TO GOVERNMENT OF KERALA, ENVIRONMENTAL
DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM 695 001, REPRESENTED THROUGH ITS
PRINCIPAL SECRETARY.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
PATTOM, THIRUVANANTHAPURAM - 695 004, REPRESENTED
THROUGH ITS MEMBER SECRETARY.
3 THE KERALA PUBLIC SERVICE COMMISSION
THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM
695 004, REPRESENTED THROUGH ITS SECRETARY
4 A.B PRADEEP KUMAR
THE CHAIRMAN, THE KERALA STATE POLLUTION CONTROL
BOARD, RESIDING AT TC/455(1) SHRUTHI, MADHU MUKKU,
ANAYARA, THIRUVANANTHAPURAM 695 029
5 GEETHA LAKSHMI
ADMINISTRATIVE OFFICER, THE KERALA STATE POLLUTION
WP(C).12538 & 13961/21 9
CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM 695 004
6 PADMAJA P NATARAJAN,
AGE NOT KNOWN, D/O. NATARAJAN, PUTHEN HOUSE,
KANIMANGALAM, NENMARA, PALAKKAD 678 508
7 ARYA P
AGE AND FATHERS NAME NOT KNOWN, RANI BHAVAN,
MUTTAPPALAM, PERUNGUZHI P.O, THIRUVANANTHAPURAM 695
305.
8 VISHNU UDAYAN S,
AGE NOT KNOWN, S/O. UDAYAN S, USHAS SASTHAMKONAM,
VADACODE, PERUMPAZHATHOOR P.O, THIRUVANANTHAPURAM
695 126
9 JYOTHI LEKSHMI O,
AGE AND FATHERS NAME NOT KNOWN, JYOTHI BHAVAN,
ELAVOOR, PALLIMON P.O, KOLLAM 691 576
10 GANGA P V
AGE AND FATHERS NAME NOT KNOWN, PUTHUVEETIL HOUSE,
KOTHAKULAM, VALAPPAD, THRISSUR 680 567
11 SARANYA ARANVINDAN,
AGE NAME NOT KNOWN, D/O. ARAVINDAN, SARANYA
BHAVANYA, 41, VEMBAYAM, KONCHIRA P.O,
THIRUVANANTHAPURAM 695 615
12 FOUSIYA M P,
AGE AND FATHERS NAME NOT KNOWN, MADATHIL POYIL,
KAYANNA, KAYANNA BAZAR, KOZHIKODE 673 525
13 RADHIKA P.R,
AGE AND FATHERS NAME NOT KNOWN, SREEGANESH HOUSE,
DWARAKA, KAMMANA POST, WAYANADU 670 645
14 TONY TOM,
AGE AND FATHERS NAME NOT KNOWN , ANJU NIVAS,
KAITHOTTU KUZHI, MLA ROAD, INDIRAGI NAGAR,
KARIAVATTOM P.O, TRIVANDRUM 695 581
15 ANJU C.S
AGE AND FATHERS NAME NOT KNOWN, ANJU NIVAS,
KAITHOTTU KUZHI, MLA ROAD, INDIRAJI NAGAR,
WP(C).12538 & 13961/21 10
KARIAVATTOM P.O, TRIVANDRUM 695 581
16 RAHUL RAJ S,
AGE AND FATHERS NAME NOT KNOWN, NARTHYA, MANIYUR,
MANIYUR P.O, KOZHIKODE 673 523
17 DEEPU JOSE,
AGE NAME NOT KNOWN, S/O. JOSE, KUNNATHUPURAYIDOM,
CHETTUTHODU, KOTTAYAM 686 508
18 SOUMYA A C
AGE AND FATHERS NAME NOT KNOWN, ARIKKATTU HOUSE,
KOTTANELLUR, KOTTANELLUR P.O, THRISSUR 680 662
19 REVATHY M,
AGE AND FATHERS NAME NOT KNOWN, ANIYAPPA HOUSE,
TRIPPALUR, PALAKKAD 678 545
20 MEERAN MOHANAN,
AGE NAME NOT KNOWN, D/O. MUHANAN, KOPPARAMBIL, T V
PURAM VAIKOM, T V PURAM P.O, KOTTAYAM 686 606
21 DEEPA VIJAYAN,
AGE NAME NOT KNOWN, D/O. VIJAYAN, KALLAMPUDAVIL
HOUSE, S N PURAM, THAIKKATTUKARA P.O, ALUVA 683106.
22 RISHANA M,
AGE AND FATHERS NAME NOT KNOWN, MULACKAPATHALIL
HOUSE, PEROONCHI, NEDIYANGA, KANNUR 670 631
23 PONNULAKSHMI V,
AGE AND FATHERS NAME NOT KNOWN , KOODATHUMKANDY,
NANMINDA, NANMINDA P.O, KOZHIKODE 673 613
24 NIJAMOL T S
AGE AND FATHERS NAME NOT KNOWN , THETTIYODUKALPUTHEN
VEEDU, NEDUMKANDAM, NEDUMKANDAM P.O, IDUKKI 685 553.
25 ASHA SURENDRAN
AGE NAME NOT KNOWN, D/O. SURENDRAN, PLAMURIYIL
HOUSE, KUZHIKANDAM, KUZHITHOLU P.O, IDUKKI 685 551
26 SARIN P,
AGE AND FATHERS NAME NOT KNOWN, UPASANA,
WP(C).12538 & 13961/21 11
KUDUKKIMETTA, EACHUR, KANNUR 670 591
27 LINITHA P RAJENDRAN,
AGE AND FATHERS NAME NOT KNOWN, UPASANA,
KUDUKKIMETTA, EACHUR, KANNUR 670 591
28 ARUN VIVEK S
AGE AND FATHER'S NAME NOT KNOWN, KOLLAMPARAMBIL
HOUSE, KUTTANTHURUTH, THALAPPILLY P.O, ERNAKULAM
683520
29 TONY JOHN,
AGE AND FATHER'S NAME NOT KNOWN, MUDAVANMURY,
KUMBALANGY P.O, ERNAKULAM 682 007
30 ANJANA PAVITHRAN,
AGE AND FATHER'S NAME NOT KNOWN, PUTHENPURAKKAL
HOUSE, THATTAKKUZHA P.O, IDUKKI 685 581
31 BIJITHA B.M
AGE AND FATHER'S NAME NOT KNOWN, B.M NIVAS,
PONGUVILA, PARAKKAL, AALIYADU P.O,
THIRUVANANTHAPURAM 695 507
32 DINOY P.S,
AGE AND FATHER'S NAME NOT KNOWN, PARUVAKKAL HOUSE,
ELAVANCHERY P.O, PALAKKAD 678 508
33 AJMAL V.E
AGE AND FATHER'S NAME NOT KNOWN, VALIYAPARAMBIL
HOUSE, VALLUVALLY, KOONAMMAVU P.O, ERNAKULAM 683518
34 NIMISHA K.V
AGE AND FATHER'S NAME NOT KNOWN, KOLANGARA VEETIL
HOUSE, KAKKAD P.O, KANNUR 670 005
35 DILJITH R.G
AGE AND FATHER'S NAME NOT KNOWN, KOYILOTH HOUSE,
VEEMANGALAM, KADALOOR, KOZHIKODE 673 529
36 LINCYBABYKUTTY,
AGE AND FATHER'S NAME NOT KNOWN, THENGUM THARAYIL,
THUVAYOOR NORTH, MANKALA P.O, ADOOR, PATHANAMTHITTA
691 551
WP(C).12538 & 13961/21 12
37 ANSY N
AGE AND FATHER'S NAME NOT KNOWN, ANSY MANZIL,
KOONTHALLUR, CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM
695 304
38 GOPIKA KRISHNA,
AGE AND FATHER'S NAME NOT KNOWN, VELOOTHURUTHY,
WARRIUM KUZHIMATTOM, KOTTAYAM 686 533
39 SUKANYA V
AGE AND FATHER'S NAME NOT KNOWN, CHENGALAMKADU
HOUSE, KANNADI P.O, PALAKKAD 678 701
40 ANU JOHNY,
AGE AND FATHER'S NAME NOT KNOWN, KOMMATTATHIL HOUSE,
MUTHOLA PUTHOLA PURAM P.O, ERNAKULAM 686 665.
41 NIKHIL T.P
THYVACHAPARAMBATH, CHEMMARATHUR P.O, VATAKARA VIA,
KOZHIKODE 673 104
42 RESMA PAUL
CHELANGARA HOUSE, VELLANGALLOOR, TRISSUR 680 662
43 SHAKHIR M
MANJUMATTATHIL HOUSE, THODUPUZHA, IDUKKI 685 581
44 SANGEETHA P.S,
PALLATH HOUSE, KAVILPADAM, KODAKARA, THRISSUR 680
684
45 ADARSH G.L,
M.V MANDIRAM, KUTTANINNATHIL, POOVAR,
THIRUVANANTHAPURAM 695 525
46 SARATHKUMAR S
KIZHAKKATHIL, THRIKKUNNAPUZHA NORTH, KAKKAKUNNU,
KOLLAM 690 522
47 REMYA MOHANAN,
VIYYOKKARAN HOUSE, VARADIYAM, THRISSUR 680 541
48 GOPIKA KRISHNAN,
KRISHNA VILASOM, VELIYAM P.O, KOLLAM 691 540
WP(C).12538 & 13961/21 13
49 INDHU I,
VALIYAVILAVADAKKATHIL, 460(16/391), KARUNAGAPPALLY,
KOLLAM 690 519
50 SAJINKUMAR V,
VIPIN VIHAR, KURUMPAKARA P.O, PATHANAMTHITTA 689 695
51 SREEJA S ANAND,
PARAMU BHAVAN, KAVADITHALAKKAL, MANIKANDESWARAM P.O,
TRIVANDRUM 695 013
52 ANIT ELIZABETH SEBASTIAN,
D/O. SEBASTIAN, KONATTEL, KALATHOOR, KALATHOOR P.O,
KOTTAYAM 686 633
53 SHADIYA C
CHEEROTH HOUSE, ANGADIPPURAM, ARIPRA, MALAPPURAM 679
321
54 JISNA JOSE,
D/O. JOSE, PARAKKADAN, C/O. P.O JOSE, ANTOPURAM,
OKKAL, ERNAKULAM 683550
55 PRIYADARSHINI JOSEPH,
D/O. JOSEPH, SALVATION ARMY CHURCH MUTHUVILA,
MUTHUVILA P.O, THIRUVANANTHAPURAM 695 610
56 NITHYA VARGHESE,
PULIMOOTTIL PUTHEN VEEDU, PARUTHIYARA, ODANAVATTOM
P.O, KOLLAM 691 512
57 GAYATHRI P N
PONNOTH HOUSE, SREEKRISHNALAYAM, NATTIKA BEACH,
NATTIKA, THRISSUR 680 572
58 SREEKUMAR C.S
CHELAKKATTU HOUSE, THAIKKATTUKARA P.O, ALUVA 683106
59 NIDHIN A J,
VANCHIVILA VEEDU, ERAM, KARAMCODE P.O, KOLLAM 691
579
60 NANDHRAJ S
NGO QUARTERS, NO. F-4, NEAR CIVIL STATION, CUTCHERY
WP(C).12538 & 13961/21 14
P.O, KOLLAM 691 013
61 NIMYA S
PALLIKAD HOUSE, PERUVEMBA, PERUVEMBA P.O, PALAKKAD
678 678 531
62 JAYALAKSHMI SASIDHARAN,
NEDUMTHARAYIL (OZHANKAL) HOUSE, KALLEKKULAM,
POONJAR, THEKKEKARA, KOTTAYAM 686 581
BY ADVS.
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SHRI.P.C.SASIDHARAN, SC, KPSC
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2022, ALONG WITH WP(C).13961/2021, THE COURT ON 28.2.2022
DELIVERED THE FOLLOWING:
WP(C).12538 & 13961/21 15
V.G.ARUN, J.
-----------------------------------------------
W.P(C).Nos.12538 & 13961 of 2021
-----------------------------------------------
Dated this the 28 day of February, 2022
JUDGMENT
The petitioners claim to be qualified unemployed persons awaiting publication of notification by the Public Service Commission (PSC) for filling up the vacant posts of Assistant Grade-II in the Kerala State Pollution Control Board. They are aggrieved by the appointment of the party respondents to those vacancies, without conducting a selection after issuing separate notification. Instead, the appointees were advised from an existing ranked list prepared at the instance of some other establishments, which, according to the petitioners, violates not only their rights guaranteed under Articles 14 and 16, but is also against the procedure prescribed in the Kerala Public Service Commission Rules of Procedure. The essential facts for resolving the dispute raised in these writ petitions are as under, For convenience, the documents in W.P(C) No. 13961 of 2021 are referred to;
The Kerala State Pollution Control Board ('the Board', for short) was established in 1974, as an independent autonomous body. Up to WP(C).12538 & 13961/21 16 the year 2008, recruitment to the Board was conducted by outside agencies. No regular appointment was made to the Board thereafter. To tide over the crisis and to ensure proper and unbiased recruitment to various posts, the Kerala Public Service Commission (Additional Functions as respects the services under the Kerala State Pollution Control Board) Act, 2015 with effect from 26.12.2015 (Ext.P1) and corresponding Rules (Ext.P2) were published on 14.11.2019. The Act makes it compulsory for the Board to consult the PSC on all matters relating to direct recruitment to posts, other than that of watchman and part-time sweeper. Later, the qualification and method of appointment to the various posts in the Board was prescribed by the Kerala State Pollution Control Board Recruitment Rules for State and Subordinate Service, 2001 (Ext.P3). Thereupon, the Board reported 262 vacancies to the PSC. Accordingly, the PSC advised 60 candidates for appointment to the post of Assistant Grade-II in the Board, followed by Ext. P5 appointment chart. The advice list was drawn from the existing ranked list of Junior Assistant/Cashier/Assistant Grade-II/Clerk Grade-II in establishments like KSFE Limited, KSEB Limited, Thrissur Corporation etc. According to the petitioners, after entrustment of recruitment with the PSC as per Exts. P1 and P2 and publication of Exhibit P3 Special Rules, recruitment to the Board has to be conducted by the PSC, after WP(C).12538 & 13961/21 17 publishing separate notification, lest opportunity will be lost to persons like the petitioners.
2. Heard Sri.Jaju Babu, Senior Counsel appearing for the petitioners, Advocate T.Naveen for the Board, Advocate P.C.Sasidharan for the PSC and Government Pleader V.Venugopal for the State and Advocates R.T.Pratheep and S.Sabarinath for the party respondents.
3. Learned Senior Counsel referred to the provisions of the Kerala Public Service Commission Rules of Procedure to contend that separate notification and test ought to be conducted for assessing the merit of candidates for recruitment to a service or post. That, the stipulation in Rule 6 which mandates the presence of the appointing authority and/or the Head of the Department concerned for taking part in the deliberations of the Commission clearly indicates that the Rules envisage separate notification and test for each establishment/department. Reliance is placed on the decision in Maya C.V v. State of Kerala and Others [2010 (3) KHC 452] to contend that this court had interfered with appointments made to posts/departments, other than those pertaining to the ranked list in which the candidate was included.
4. Learned Standing Counsel for the PSC submitted that the WP(C).12538 & 13961/21 18 Commission had invited applications for the post of Junior Assistant /Cashier/Assistant Grade-II/Clerk Grade-II in establishments like KSFE Limited, KSEB Limited, Thrissur Corporation etc vide notification dated 13.10.2017 (Category No.399/2017). The educational qualification prescribed was 'B.A, Bsc. Bcom Degree of a recognised University or its equivalent'. After conducting OMR test, the rank list was published on 31.12.2019 with 4911 candidates in the main list and 3059 candidates in various supplementary lists. The PSC had advised candidates included in the ranked list to the institutions at whose instance the selection was conducted. While so, on 3.2.2021, the Board reported 57 vacancies in the post of Assistant Grade-II. The method of appointment is direct recruitment and the qualification prescribed as per the Recruitment Rules of the Board is degree from a UGC recognised University. The qualification, method of appointment and pay scale of the post of Assistant Grade-II in the Board is similar to the posts to which the selection was conducted. Taking these factors into consideration and with the intention of avoiding delay, unnecessary expenditure, wastage of time and manpower, the Commission decided to fill up the 57 vacancies reported by the Board from the ranked list published for Category No.399/2017. Accordingly, rotation was worked out and, on 7.4.2021, 57 candidates were advised from the ranked list. If the vacancies WP(C).12538 & 13961/21 19 reported by the Pollution Control Board were to be set apart and a separate selection conducted, the candidates would have waited for more than two years for getting advised against those vacancies. Moreover, there is no procedural flaw in advising candidates having the requisite qualification and included in the ranked list for similar posts after a due process of selection. It is contended that the decision in Maya C.V (supra) was distinguished by a Bench of the Kerala Administrative Tribunal in T.A.No.2837 of 2012 and the order of the Tribunal has merged with the judgment of this Court in O.P. (KAT).No.4373 of 2012.
5. Learned Standing Counsel for the Board adopted the contentions of the learned Standing Counsel for the PSC and submitted that the vacancies were reported after completing necessary legal procedures. It was accordingly that the PSC advised candidates and appointments effected by the Board. No prejudice is caused to the petitioners or any other person by the process, since the appointed candidates have the requisite qualifications and were rank listed after due selection process.
6. Learned counsel for the party respondents questioned the maintainability of the writ petition pointing out that the petitioners are total strangers to the recruitment process of Assistant Grade-II in WP(C).12538 & 13961/21 20 the Board. In W.P(C).No.13961 of 2021 not even a scrap of paper is produced to substantiate the contention that the petitioner is a graduate. Moreover, the petitioners' claim of having waited for the recruitment rules of the Board and till publication of notification inviting applications to the post of Assistant Grade-II, is too far fetched. Even otherwise, it is settled law that there cannot be any public interest litigation in service matters and only an affected person can seek to challenge the appointment of others. In this regard, it is pertinent to note that, even though the petitioner in W.P(C) No. 13961 of 2021 claims to be a graduate, no supporting document is produced. Going by the affidavit filed along with the writ petition, the petitioner is aged 33 years. Surprisingly, the petitioner has not even registered his name in the PSC's portal. Therefore, the petitioner's contention that he had been waiting for the PSC to publish the notification inviting applications for the post of Assistant Grade-II in the Board, is difficult to digest. Curiously, the educational qualification of the petitioner in W.P(C) No. 12538 of 2021 is MMV ITI, whereas the qualification for Assistant Grade-II, prescribed in Ext. P3 Special Rules is Degree from a recognised University. As such, the petitioner cannot even aspire to apply for the post of Assistant Grade-II. The contention that the petitioners failed to demonstrate any personal interest and how they are affected by the selection and WP(C).12538 & 13961/21 21 appointment of the party respondents is hence, well founded. Consequently, the writ petitions can be perceived only as public interest litigations.
7. The legal position that public interest litigations are not maintainable in service matters is no more res integra. The law on the point is reiterated in B. Srinivasa Reddy v. Karnataka Urban Water Supply & Drainage Board Employees' Assn. [(2006) 11 SCC 731 (2)], as under;
"51. It is settled law by a catena of decisions that the court cannot sit in judgment over the wisdom of the Government in the choice of the person to be appointed so long as the person chosen possesses the prescribed qualification and is otherwise eligible for appointment. This Court in R.K. Jain v. Union of India [(1993) 4 SCC 119 : 1993 SCC (L&S) 1128 : (1993) 25 ATC 464] was pleased to hold that the evaluation of the comparative merits of the candidates would not be gone into a public interest litigation and only in a proceeding initiated by an aggrieved person, may it be open to be considered. It was also held that in service jurisprudence it is settled law that it is for the aggrieved person, that is, the non-appointee to assail the legality or correctness of the action and that a third party has no locus standi to canvass the legality or correctness of the action. Further, it was declared that public law declaration would only be made at the behest of a public-spirited person coming before the court as a WP(C).12538 & 13961/21 22 petitioner. Having regard to the fact that neither Respondents 1 and 2 were or could have been candidates for the post of Managing Director of the Board and the High Court could not have gone beyond the limits of quo warranto so very well delineated by a catena of decisions of this Court and applied the test which could not have been applied even in a certiorari proceedings brought before the Court by an aggrieved party who was a candidate for the post."
8. The limited grounds on which public appointments can be interfered with has been set out in M.P.State Coop.Bank Ltd. Bhopal v. Nanuram Yadav and Others [(2007) 8 SCC 264] as follows;
"24. It is clear that in the matter of public appointments, the following principles are to be followed:
(1) The appointments made without following the appropriate procedure under the rules/government circulars and without advertisement or inviting applications from the open market would amount to breach of Articles 14 and 16 of the Constitution of India.
(2) Regularisation cannot be a mode of appointment.
(3) An appointment mad in violation of the mandatory provisions of the statute and in particular, ignoring the minimum educational qualification and other essential qualification would be wholly illegal. Such illegality cannot be cured by taking recourse to regularisation.WP(C).12538 & 13961/21 23
(4) Those who come by back door should go through that door.
(5) No regularisation is permissible in exericse of the statutory power conferred under Article 162 of the Constitution of India if the appointments have been made in contravention of the statutory rules.
(6) The court should not exercise its jurisdiction on misplaced sympathy.
(7) If the mischief played is so widespread and all pervasive, affecting the result, so as to make it difficult to picm out the persons who have been unlawfully benefited or wrongfully deprived of their selection, it will neither be possible nor necessary to issue individual show-cause notice to each selectee. The only way out would be to cancel the whole selection.
(8) When the entire selection is stinking, conceived in fraud and delivered in deceit, individual innocence has no place and the entire selection has to be set aside."
9. Here, the sole ground of challenge is the failure of the PSC to issue a separate notification and test for recruitment to the vacancies reported by the Board. In Maya.C.V (supra) the petitioner was issued advice memo for appointment as Draughtsman Grade-I/Overseer Grade-I (Civil) in the Local Self Government Department, even though the petitioner was included in the ranked list of Draughtsman Grade-II (Civil) in Harbour Engineering/PWD/Ground Water WP(C).12538 & 13961/21 24 Department. The advice memo was set aside by this Court holding that the petitioner could only be advised and appointed to the posts to which she was selected and rank listed. For doing so, reliance was placed in the judgments in W.P(C).Nos.2018/04 and 15115/04. In Maya C.V (supra) as well as the decisions relied on therein, the petitioners were included in the ranked list of a particular department/establishment and advised for appointment to another department/establishment. Therefore, unlike the petitioners herein, they were real aggrieved persons. The above decisions are therefore of no aid to the petitioners. In so far as the petitioners are not affected by the appointment of party respondents, the recruitment process and consequential appointments warrant no interference at the petitioners' instance.
In the result, the writ petitions are dismissed.
Sd/-
V.G.ARUN, JUDGE vgs WP(C).12538 & 13961/21 25 APPENDIX OF WP(C) 12538/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE HALL TICKET OF THE PETITIONER DATED FOR THE EXAMINATION OF DRIVER GRADE II HDV (VARIOUS) HELD ON 04- 09-2014 Exhibit P2 A TRUE COPY OF THE NOTIFICATION DATED 11- 01-2021, PUBLISHED ON 18-01-2021 IN THE OFFICIAL GAZETTE Exhibit P3 A TRUE COPY OF THE EXTRA ORDINARY GAZETTE NOTIFICATION DATED 30-04-2021 HAVING CATEGORY NO. 124/2021, PUBLISHED IN THE WEBSITE OF THE 3RD RESPONDENT.
Exhibit P4 A TRUE COPY OF THE APPOINTMENT CHART PUBLISHED IN THE WEBSITE OF 3RD RESPONDENT.
EXHIBIT P5: COPY OF KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) ACT, 2015 DATED 26.12.2015.
EXHIBIT P6: COPY OF KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) RULES, 2019 DATED 14.11.2019.
EXHIBIT P7: COPY OF NOTIFICATION DATED 13.10.2017 ISSUED FOR THE SELECTION OF ASSISTANT GRADE-II IN KSFE LTD./KSEB LTD./THRISSUR CORPORATION KMCS ELECTRICAL WING ETC.
EXHIBIT P8: COPY OF RELEVANT PAGES OF THE NOTIFICATION NO.649/19/ROQ, RANKED LIST OF CANDIDATES WITH RESPECT TO ASSISTANT GRADE II IN KSFE LTD./KSEB LTD/THRISSUR CORPORATION KMCS ELECTRICAL WING ETC.
WP(C).12538 & 13961/21 26
EXHIBIT P9: COPY OF PROCEEDINGS OF THE CHAIRMAN DATED 10.6.2021.
EXHIBIT P10: COPY OF LETTER HAVING Lr.NO.PCB/E1/1448/16 DATED 14.6.2021.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a): COPY OF PROFORMA FOR REPORTING VACANCIES, BY WHICH 58 VACANCIES OF ASSISTANTS GR-II WERE REPRTED TO THE PSC.
EXHIBITR R2(b): COPY OF ADVICE LIST OF 57 CANDIDATES FURNISHED BY THE PSC FOR APPOINTMENT AS ASSISTANTS GR-II ON 7.4.2021.WP(C).12538 & 13961/21 27
APPENDIX OF WP(C) 13961/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 26.12.2015 PUBLISHING THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) ACT, 2015. Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 14.11.2019 PUBLISHING THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) RULES, 2019.
Exhibit P3 TRUE COPY OF THE NOTIFICATION VIDE NO.
PCB/EI/1448/16 DATED 11.01.2021 PUBLISHED BY THE 1ST RESPONDENT ON 18.01.2021.
Exhibit P4 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30.04.2021 VIDE CATEGORY NO.124/2021 OF THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE APPOINTMENT CHART FOR THE POST OF JUNIOR ASSISTANT/CASHIER/ASSISTANT GR.II/CLERK GR.I PREPARED BY THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE ORDER NO.
PCB/E1/1448/2016 (TVPM) DATED 10.06.2021 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER NO.
PCB/E1/1448/2016(KKD-9) DATED 10.06.2021 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE ORDER NO.
PCB/E1/1448/2016 (EKM-5) DATED 10.6.2021 ISSUED BY THE CHAIRMAN OF THE 2ND RESPONDENT.
WP(C).12538 & 13961/21 28Exhibit P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK LIST VIDE NOTIFICATION NO. 649/19/ROQ PUBLISHED BY THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 13.10.2017 VIDE CATEGORY NO.
399/2017 PUBLISHED BY THE 3RD RESPONDENT. Exhibit P11 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY SRI.VISHNU K, SREEKARYAM, THIRUVANANTHAPURAM SUBMITTED BEFORE THE CHAIRMAN/HON'BLE CHIEF MINISTER OF KERALA. Exhibit P11(A) TRUE COPY OF THE LETTER DATED 7.6.2021 FOR WARDED BY THE ADDITIONAL CHIEF SECRETARY (ENVIRONMENT) TO CHAIRMAN.
Exhibit P12 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY TEN PERSONS FORWARDED TO THE SECRETARY OF THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a): COPY OF PROFORMA FOR REPORTING VACANCIES, BY WHICH 58 VACANCIES OF ASSISTANTS GR-II WERE REPRTED TO THE PSC.
EXHIBITR R2(b): COPY OF ADVICE LIST OF 57 CANDIDATES FURNISHED BY THE PSC FOR APPOINTMENT AS ASSISTANTS GR-II ON 7.4.2021.
EXHIBIT R63(a): COPY OF RELEVANT EXTRACT OF THE RANK LIST PUBLISHED, VIDE NOTIFICATION NO.649/19/ROQ, BY THE 3RD RESPONDENT PUBLIC SERVICE COMMISSION.