Kerala High Court
Unknown vs R.Helen on 5 October, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 8TH DAY OF JANUARY 2018 / 18TH POUSHA, 1939
WP(C).No. 2627 of 2017
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PETITIONER(S)
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1 SALINI G.L,
AGED 36 YEARS,RESIDING AT PARADISE,JAI
NAGAR,J.R.A.629,THIRUMALA(PO),THIRUVANANTHAPURAM, PIN-695006.
2 BINUKUMAR,
AGED 46 YEARS,S/O V.SAHADEVAN,RESIDING AT THANAL,
THAIVILA,PERUKAVU(PO),AND THIRUVANANTHAPURAM,PIM-695573.
3 BIJU.B.S,
AGED 42 YEARS,RESIDING AT MOHAN
NIVAS,KIZHAKKE-MUKKOLA,KALLAYAM(PO),THIRUVANANTHAPURAM,PIN-695043.
BY ADVS.SRI.R.ANILKUMAR
SRI.G.RADHAKRISHNAN
RESPONDENT(S)
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1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF GENERAL EDUCATION,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. STATE PROJECT DIRECTOR,
OFFICE OF THE STATE PROJECT DIRECTOR,SARVA SHIKSHA
ABHIYAN-KERALA,S.S.A.BHAVAN,NANDAVANAM ROAD-695001.
3. THE DISTRICT PROJECT OFFICER,
SARVA SHIKSHA ABHIYAN,SSA.DISTRICT OFFICE,
THIRUVANANTHAPURAM-695001.
4. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
D.P.I.OFFICE,JAGATHY,THIRUVANANTHAPURAM-695014.
5. THE DEPUTY DIRECTOR OF EDUCATION,
THIRUVANANTHAPURAM-695001.
6. MURUKANACHARI.K,
CHARUVILAKATHU VEEDU,MUKKOLAKKAL NEDUMANGADUI,PIN-695541.
7. ANILKUMAR.S.S,
PINNNOOR VEEDU,ADAYAMON(PO),THATTATHUMALA,
KILIMANOOR,PIN-695614.
WP(C).No. 2627 of 2017 (C)
-------------------------
8. BIBIN.C.J,
EBANAZER BHAVAN,KIDARAKKUZHY,PARASUVARAKKAL(P0), PIN-695508.
9. SIVAKUMAR.T.K.GAYA,
VELIYANNOOR(PO),VELLANADU,THIRUVANANTHAPURAM, PIN-695543.
10. PRADHAVAN.B.S,
AMBADI,CHOVVALLIVILAKOM,KARIYAVATTOM(PO),
THIRUVANANTHAPURAM,PIN-695581.
11. M.NASHID,
MEHARVILLA,NEAR CPCRI,PALODE,PACHA(PO),
THIRUVANANTHAPURAM,PIN-695562.
12. K.SANIL,
MANGALATHU PUTHENVEEDU,PERUMANNOOR(PO),VALAKOM,
THIRUVANANTHAPURAM,PIN-691532.
13. REENA.S,
REENA BHAVAN,PUTHUVALPURAYIDAM,POTTAYIKADA
PLAMOOTTUKADA(PO),THIRUVANANTHAPURAM,PIN-695122.
14. ARUN.B,
VJAY PLAZA,PRASNTH NAGAR,AKKULAM ROAD,ULLOOR MEDICAL
COLLEGE.P.O,THIRUVANATHAPURAM,PIN-695011.
15. SAJIN.S.S,
S.S.BHAVAN,NALLOORVATTOM,PLAMOOTTUKADA(PO), PIN-695122.
16. RATHEESHKUMAR.L.B,
L.B.BHAVAN,ELAVILA,VLATHANKARA VLATHANKARA(PO),PIN-695134.
17. MIDHUN.M.J,
PARAYANVILAKATHU VEEDU,SISILIPURAM,
VENGANOOR(PO),PIN-695523.
18. M.YATHEESHKUMAR,
MADHAVAM,KALLUVILAPUTHEN VEEDU,VANNIACODE,
PARASSALA-695502.
19. SJEERDETH.C.V,
C.K.SADANAM,CHAVARCODE,PARIPPALLY.P.O,PIN-691574.
R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI S.KANNAN
R6,R7 BY ADV. SRI.V.MADHUSUDHANAN
R11 TO R14 BY ADVS. SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE
R16 TO R18 BY ADV. SRI.VINOD KUMAR.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-01-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 2627 of 2017 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE G.O(MS)NO.170/2016 GENERAL
EDUCATION DATED 05.10.2016
EXHIBIT P2 TRUE COPY OF THE NOTICE PUBLISHED ON 14/10/16 BY
THE PROJECT DIRECTOR
EXHIBIT P3 COPY OF THE APPLICATION SUBMITTED BY 1ST
PETITIONER AS PER P2 NOTICE
EXHIBIT P4 & P4(A) TRUE COPY OF BASIC QUALIFICATIONS OF 1ST
PETITIONER FOR THE POST.
EXHIBIT P5(A)& P5(A) TRUE COPIES OF CERTIFICATES OF TECHNICAL
QUALIFICATION OF 1ST PETITIONER
EXHIBIT P6(A)& P6(B) TRUE EXTRACT OF CERTIFICATES TO PROVE 14
YEARS,EXPERIENCE OF 1ST PETITIONER AS A TEACHER
EXHIBIT P7 COPY OF THE P.S.C.RANK LIST ARTIST/ARTIST
CUM-MUSEUM KEEPER 2013
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
BOARD OF PUBLIC EXAMINATION,TEHNICAL
EDUCATION TO 2ND PETITIONER
EXHIBIT P9 TRUE EXTRACT OF EXPERIENCE CERTIFICATE ISSUED
TO 2ND PETITIONER
EXHIBIT P10& P(A) TRUE EXTRACT OF CERTIFICATE OF 3RD PETITIONER IN
PROVING HIS QUALIFICATION
EXHIBIT P11 TRUE EXTRACT OF THE LETTER OF SELECTION OF 3RD
RESPONDENT TO LALITHA-KALA ACADEMY.
EXHIBIT P12 TRUE EXTRACT OF THE BIO-DATA 3RD RESPONDENT
EXHIBIT P13 TRUE EXTRACT OF EXPERIENCE CERTIFICATE OF 3RD
PETITIONER AS AN ART TEACHER FOR 5 YEARS IN
THUNCHAN SMARAKA HIGH SCHOOL
EXHIBIT P14 TRUE EXTRACT OF THE REGISTRATION IN
EMPLOYMENT EXCHANGE OF 3RD PETITIONER
EXHIBIT P15 TRUE COPY OF THE RANK LIST OF 14 CANDIDATES
SELECTED LP/UP ASSISTANTS (ART EDUCATION
DRAWING IN THIRUVANANTHAPURAM).
RESPONDENTS EXHIBITS:
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R2(A) TRUE COPY OF GOVERNMENT ORDER DATED 5.10.2016.
R2(B) TRUE COPY OF ORDER NO P1-1137/16 SSA DATED 1.11.16.
WP(C).No. 2627 of 2017 (C)
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R3(A) TRUE COPY OF APPLICATION OF 1ST PETITIONER.
R3(B) TRUE COPY OF APPLICATION OF 2ND PETITIONER.
R3(C) TRUE COPY OF APPLICATION OF 3RD PETITIONER.
R3(D) TRUE COPY OF CONSOLIDATED MARK
R3(E) TRUE COPY OF INTERIM ORDER DATED 16.11.16.
R7(A) TRUE COPY OF THE CERTIFICATE DATED 8.3.1994 ISSUED BY THE
GOVERNMENT OF KERALA TECHNICAL EXAMINATIONS TO THE 7TH
RESPONDENT.
R7(B) TRUE COPY OF THE CERTIFICATE ISSUED BY THE GOVERNMENT OFKERALA
DEPARTMENT OF TECHNICAL EDUCATION TO THE 7TH RESPONDENT.
R7(C) TRUE COPY OF THE IDENTIFY CARD ISSUED BY THE EMPLOYMENT
EXCHANGE, THIRUVANANTHAPURAM TO THE 7TH RESPONDENT.
R7(D) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY ADAYAMON UPS
THIRUVANANTHAPURAM TO THE 7TH RESPONDENT.
R7(E) TRUE COPY OF THE CERTIFICATE DATED 5.1.2002 ISSUED BY THE
COMMISSIONER FOR GOVERNMENT EXAMINATIONS TO THE 6TH RESPONDENT.
R7(F) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE PRINCIPAL
KAIRALI VIDYA BHAVAN NEDUMANGAD TO THE 6TH RESPONDENT.
R7(G) TRUE COPY OF EXPERIENCE CERTIFICATE ISSUED BY THE HEADMISTRESS
GOVT V.HSS VEERANAKAVU TO THE 6TH RESPONDENT.
R7(H) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT V.HSS VEERANAKAVU TO THE 6TH RESPONDENT.
R7(I) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT V.HSS VEERNAKAVU TO THE 6TH RESPONDENT.
R7(J) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT V.HSS VEERANAKAVU TO THE 6TH RESPONDENT.
R7(K) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE HEADMISTRESS
GOVT V.HSS VEERANAKAVU TO THE 6TH RESPONDENT.
R7(L) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE DIRECTOR
IN-CHARGE OF THE CENTRE FOR DISABILITY STUDIES TO THE 6TH
RESPONDENT.
R7(M) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE DIRECTOR-
IN-CHARGE OF THE CENTRE FOR DISABILITY STUDIES TO THE 6TH
RESPONDENT.
R7(N) TRUE COPY OF THE RANK LIST FOR DRAWING TEACHER (HIGH SCHOOL) IN
EDUCATION DEPARTMENT IN KOLLAM DISTRICT PUBLISHED BY THE KPSC.
R12(A) TRUE COPY OF THE CERTIFICATE DATED 6.12.2016 ISSUED BY THE THE
COMMISSIONER FOR GOVERNMENT EXAMINATIONS TO THE 12TH RESPONDENT.
R12(B) TRUE COPY OF THE IDENTIFY CARD ISSUED BY THE EMPLOYMENT EXCHANGE
TO THE 12TH RESPONDENT.
WP(C).No. 2627 of 2017 (C)
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R12(C) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE PRINCIPAL
RAVIVARMA COLLEGE OF FINE ARTS, KOTTARAKKARA TO THE 12TH
RESPONDENT.
R12(D) TRUE COPY OF THE CERTIFICATE ISSUED BY ISSUED BY THE PRINCIPAL
KERALA FILM ACADEMY TO THE 12TH RESPONDENT.
R12(E) TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF YOUTH
AFFAIRS AND SPORTS GOVT OF INDIA TO THE 12TH RESPONDENT.
R12(F) TRUE COPY OF CERTIFICATE ISSUED BY THE COMMISSIONER FOR GOVERNMENT
EXAMINATIONS TO THE 11TH RESPONDENT.
R12(G) TRUE COPY OF CERTIFICATE ISSUED BY THE COMMISSIONER FOR GOVERNMENT
EXAMINATIONS TO THE 11TH RESPONDENT.
R12(H) TRUE COPY OF CERTIFICATE ISSUED BY THE COMMISSIONER FOR GOVERNMENT
EXAMINATION TO THE 11TH RESPONDENT.
R12(I) TRUE COPY OF THE CERTIFICATE ISSUED BY THE COMMISSIONER FOR
GOVERNMENT EXAMINATIONS TO THE 11TH RESPONDENT.
R12(J) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY HEADMASTER KVUP
SCHOOL PANGODE TO 11TH RESPONDENT.
R12(K) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY HEADMASTER GOVT
LPS PALODE TO 11TH RESPONDENT.
R12(I) TRUE COPY OF THE CERTIFICATE ISSUED BY THE VICE CHANCELLOR
UNIVERSITY OF KERALA TO THE 14TH RESPONDENT.
R12(M) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE EMPLOYMENT OFFICER
PROFESSIONAL AND EXECUTIVE EMPLOYMENT EXCHANGE THIRUVANANTHAPURAM
TO THE 14TH RESPONDENT.
R12(N) TRUE COPY OF THE EXPERIENCE CERTIFICATE AS FREELANCE CREATIVE
DESIGNER ISSUED TO THE 14TH RESPONDENT.
R12(O) TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY KERALA
LALITHAKALA AKADEMY TO THE 14TH RESPONDENT.
R18(A) TRUE COPY OF THE CERTIFICATE DATED 1.12.1997 ISSUED BY THE
COMMISSIONER FOR GOVERNMENT EXAMINATION TO THE 18TH RESPONDENT.
R18(B) TRUE COPY OF THE CERTIFICATE DATED 29.5.1990 ISSUED BY THE DIRECTOR
OF GOVERNMENT EXAMINATION TAMILNADU TO THE 18TH RESPONDENT.
R18(C) TRUE COPY OF THE CERTIFICATE DATED 14.3.1991 ISSUED BY TRAVANCORE
INSTITUTE TO THE 18TH RESPONDENT.
R18(D) TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY BOARD OF
TECHNICAL EXAMINATION KERALA STATE TO THE 16TH RESPONDENT.
R18(E) TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 16TH RESPONDENT BY THE
EMPLOYMENT OFFICER, NEYYATTINKARA.
R18(F) TRUE COPY OF THE CERTIFICATE DATED 24.7.2015 ISSUED BY THE SOCIETY
FOR DEVELOPMENT OF COMPUTER TECHNOLOGY GOVERNMENT OF KERALA TO THE
16TH RESPONDENT.
WP(C).No. 2627 of 2017 (C)
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R18(G) TRUE COPY THE EXPERIENCE CERTIFICATE ISSUED BY THE HEADMASTER GOVT
LPS CHENKAL TO THE 16TH RESPONDENT.
WPC 2627 OF 2017 ADDITIONAL COUNTER AFFIDAVIT EXHIBIT
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R3(A) TRUE COPY OF REQUEST DATED 20.10.2016.
R3(B) TRUE COPY OF THE ORDER NO P2/1137/2016/SSA DATED 10.11.2016.
R3(C) TRUE COPY OF THE LETTER NO SSA(1) 1368/2016/DPO/TVM
DATED 14.11.2016.
R3(D) TRUE COPY OF THE FORWARDING LETTER.
/TRUE COPY/
K.V. P.S.TO JUDGE
P.V.ASHA, J.
W.P.(C) Nos.2627 of 2017
Dated this the 8th day of January, 2018
JUDGMENT
This writ petition is filed challenging Ext.P15 rank list for appointment to the post of specialist teachers in Drawing/Painting made under the Sarva Siksha Abhian (SSA), alleging that the same is vitiated by irregularities. Petitioners have sought for directions to respondents 2 to 5 to constitute a selection board in accordance with Ext.P1 order and to make appointments against vacancies occupied by respondents 6 to 19 after preparing a rank list after conducting an interview verifying the qualification and experience of candidates.
2. The case of the petitioners is that the 3rd respondent-the District Project Officer, SSA, Thiruvananthpuram issued Ext.P2 notification on 14.10.2016 inviting applications for appointment to the post of specialist teachers for imparting education in Arts, Physical Education and Work Experience in LP/UP Schools in Thiruvananthapuram from among qualified hands. Petitioners submitted applications for the same, for which selection was being made based on walk in interview. Last date fixed for receipt of applications was 20.10.2016. Applicants were directed to report for the W.P.(C) Nos.2627 of 2017 :2: interview on 24.10.2016, at Government Chala Girls Higher Secondary School compound, with all the requisite documents. It was stated that those who are included in PSC list and have registered their names with Employment Exchange would get preference. For detailed information, candidates were required to visit www.keralassa.org.
3. The petitioners submit that no interview board was constituted in accordance with Ext.P1 order or as per Ext.R2(b) order issued by the Director on 01.11.2016. It is alleged that marks were not awarded in accordance with the procedure prescribed; those who did not have any additional qualification or experience were given more marks, while the petitioners who were having sufficient experience as well as additional qualifications were not given marks for it. Further contention is that even a list was not called for from the Employment Exchange, even though sufficient time was available before interview was conducted. According to the petitioners, since the marks were awarded at the whims and fancies of the respondents, the entire rank list is liable to be cancelled. It is pointed out that subsequent to the filing of the writ petition, the 1st petitioner was given appointment. Petitioners' case is that the 1st petitioner was entitled to be given appointment much earlier along with the party respondents.
4. Respondents 2 and 3 have filed separate counter affidavits. W.P.(C) Nos.2627 of 2017 :3: The 2nd respondent has filed affidavit as well as additional counter affidavit, explaining the procedure followed in the process of selection. As per Ext.P1 order dated 5.10.2016 Government decided to appoint 2514 specialist teachers in LP Schools having roll strength in excess of
150. The Ministry of Human Resources Development had allotted the requisite fund for the same for the year 2016-17 for the purpose of imparting elementary education to the children of the age of 6 to 14 in Arts and Physical Education. The appointments were to be made on contract basis as part time instructors. It was ordered that appointments should be made based on interview after calling for list of candidates from Employment Exchange and in case there is delay in getting the list from Employment Exchange, after advertisement in newspapers. Government ordered that a representative of the Project Director of SSA, representative of Director of Public Instruction and an expert in the concerned subject shall constitute the interview board. It was also ordered that preference should be given to the candidates included in current rank list of PSC for the respective category. The State Project Director was directed to take appropriate steps to make appointments. Subsequent to that the State Project Director of SSA issued Ext.R2(b) order on 1.11.2016 formulating the guidelines to be followed in the selection and appointment. The interview board was to W.P.(C) Nos.2627 of 2017 :4: be constituted by a representative of SSA, representative of Deputy Director of Education/Principal of DIET and an expert in the concerned subject. The interview was to be held between 10th November and 16th November. It was directed that the final rank list shall be furnished to the office of the State Project Director on the next day itself after affixing the signature of all the members of the interview board. It was directed that the notification shall be affixed in the notice board and publicity shall be given through print and electronic media. 30 marks were allotted for interview; 4 marks for basic qualification in the respective subject, 3 marks each for additional/higher qualification with a maximum of 10 marks; 4 marks for State level achievement and 6 marks for National level achievement with a maximum of 10 marks, 1 mark each for experience per year with a maximum of 10 marks. The upper age limit was fixed 50 years. It was further directed that rank list shall be prepared giving preference to those included in the current rank list of PSC and observing principles of reservation as being observed in the selection through the PSC.
5. It is stated that performance of petitioners 2 and 3 were not upto the level and they did not have service either in aided school or Government school and did not have any additional qualification. The respondents produced Ext.R3(d) furnishing the marks awarded to each W.P.(C) Nos.2627 of 2017 :5: of the candidates under each head. It is stated that weightage was given to candidates registered with Employment Exchange as well as to those who were included in the current rank list of PSC. A rank list consisting of 18 candidates was prepared after the interview was held by a duly constituted Board. It is stated that applications were invited by advertisement seeing the delay involved in getting the list from Employment Exchange. But later when the list was received from the Employment Exchange, the candidates who applied on the basis of the advertisement as well as those who included in the list from Employment Exchange were considered. It is stated that the interview board was consisting of representative of SSA (District Project Officer, Thiruvananthapurm), Principal of DIET and experts in respective subjects. Sri.G.Jayadhar, retired Lecturer in Art Education, DIET and State level Resource Person, Sri.C.Sureshan, Senior Lecturer in Work Education, DIET, Attingal and Smt.K.Ambika, Senior Lecturer, DIET, Attingal were included in the panel of subject experts. Sri.Sureshan was the subject expert in drawing. It is stated that he is a retired Senior Lecturer in Work Experience having M.Ed in Art Education, Diploma in Fine Arts Painting, Drawing and Sculpture. According to the respondents candidates with ability to provide qualitative education on Art Education were included in the list and were appointed as drawing W.P.(C) Nos.2627 of 2017 :6: teachers strictly in accordance with the guidelines. It is stated that rank list prepared by the District Project Officer was forwarded to the State Project Officer as per Ext.R3(d) letter dated 5.12.2016 (produced in the additional counter affidavit of the 3rd respondent) after selection of specialist teachers in Physical Education, Work Experience and Art Education. As per Ext.R3(c) letter, the District Project Officer had informed the State Project Director the number of applicants in each of the categories, while requesting for sanction to include the experts mentioned therein in the interview board.
6. In support of the contention as to the irregularities in the selection, the petitioners filed a common reply affidavit stating that party respondents were given marks even when they did not have the requisite qualification or experience, awarding marks at the whims and fancies of official respondents. Pointing out that the 7th respondent did not produce any certificate indicating any state level or national level achievement, the learned counsel for the petitioner argued that he was given marks under that head illegally. It was further pointed out that the 6th respondent was given 6 marks considering his experience in CBSE school whereas the 1st petitioner was given only 1 mark for her experience for several years in CBSE school. It was also stated that Sri.C.Sureshan does not have any expertise in the field. W.P.(C) Nos.2627 of 2017 :7:
7. In the counter affidavit of respondent Nos.6 and 7, it is stated that the 6th respondent had worked as drawing teacher from 1.10.1999 to 5.6.2008 in Kairali Vidya Bhavan, Nedumangad and thereafter as a Drawing Teacher in a Government school- G.V.H.S.S, Veerankavu from 9.6.2008 to 28.2.2014, and as a Work Educator and Art Educator in Government ITI, Manacaud from 1.6.2014 to 30.1.2015. Producing Exts.R7(e) to (n) certificates, it was stated that marks were awarded to him in accordance with Ext.R2(b) order, based on his qualification and performance. It is also stated that he was included in Ext.R7(n) live rank list for Drawing Teacher (High School) in Kollam District and in Ext.P7 rank list for Artist/Artist cum Museum Keeper Grade-II in the Ayurveda College, Thiruvananthapuram. The 7th respondent also was included in that list in the supplementary list of Ezhava. Producing Exts.R7(a) to (d) documents the 7th respondent stated that he was duly qualified with group diploma in drawing acquired in 1994, registration with Employment Exchange in 1998; had experience as drawing teacher in Adayamon UP School, Thiruvananthapuram from 1993-1997.
8. Petitioners pointed out that the 12th respondent did not have the necessary qualification and he did not produce the relevant certificates as on the date of interview pointing out that Ext.R12(a) W.P.(C) Nos.2627 of 2017 :8: certificate was issued only on 6.12.2016. It was the further contention that the 12th respondent was not a registrant of Employment Exchange, Thiruvananthapuram and that he belongs to Kollam District. It was also alleged that the certificate he produced as Ext.R12(c) was not liable to be accepted as the qualifying certificate which was issued only in December 2016 subsequent to his appointment. It was also pointed out that Ext.R12(e) certificate produced by the 12th respondent and the marks given to him for national achievement was illegal since participation in a camp cannot be considered to be a national achievement.
9. The learned counsel for the 12th respondent made available the copy of certificates issued to the 12th respondent for perusal, according to which he acquired group diploma in drawing in the year 1991 and he had registered with the Employment Exchange in the year 1984. It was pointed out that he had worked as an Art Teacher in Ravivarma College of Fine Arts, Kottarakkara for 6 years, after acquisition of these qualifications. Apart from that he has passed a course in Videography conducted by the Kerala Film Academy. It is pointed out that he participated in the National Integration Camp only because of his expertise in the field of art.
10. I have considered the rival contentions. On a comparison of W.P.(C) Nos.2627 of 2017 :9: the marks alloted to the respondents 6 and 7 as evident from Ext.R3(d) with the averments in the counter affidavit and the documents produced, it is seen that the 6th respondent is sl.no.1 in Ext R3(d). 27 marks are awarded to him in the interview. 4 marks for state achievement and 6 marks for national achievement. 6 marks are awarded for his experience. But 6th respondent does not have any claim in his counter affidavit that he has got any state or national achievement. Experience he claimed is based on appointment on daily wages, though in a Government School. At the same time no marks are given to him even though he was included in the rank list of PSC for the post of Drawing Teacher of High School in Kollam District, since it is list of another district. In the case of 7th respondent also 4 marks are awarded for state achievement and 2 marks for experience. He is given 24 marks for interview. He also does not claim any achievement. None of the documents Exts.R7(e) to (n) produced in the case of 6th respondent or Ext.R7(a) to (d) along with the counter affidavit relate to any such achievement also. Ext R7(d) certificate is to the effect that 7th respondent worked as Drawing teacher "in this firm" from 07.06.1993 to 31.03.1997. Seal in the certificate is that of Adayamon UPS Kilimanoor. Based on that he was given 2 marks for experience and 4 marks for state achievement for which he does not have any W.P.(C) Nos.2627 of 2017 :10: claim. Thus the rank no.1 and 11 i.e respondents 6 and 7 are given total marks of 41 and 35 respectively adopting such procedure i.e by awarding marks for nonexisting and even unclaimed achievements.
11. In the case of 12th respondent who is rank no.6, he is given 3 marks for additional qualification. Assuming that he had produced the certificates indicating his qualification otherwise than through Ext.R12(a), it is not understood how a diploma in Videography can be considered as a higher qualification for a drawing teacher, so as to award 3 marks. He is given 7 marks for experience based on Ext.R12(c) certificate which certifies his experience in a College of Fine Arts recognised by Government of Kerala. As per the counter affidavit as well as Ext.R2(b) order, experience can be reckoned only if it is gained based on service rendered in aided or Government schools only. Similarly 11th respondent is given 6 marks for additional qualification. He does not claim any additional qualification. What is produced is individual certificates for each subject or group certificate. He is ranked 10th. In the case of 14th respondent 6 marks are awarded for national achievement. But he has produced only a letter from the Kerala Lalithakala Academy intimating selection of his art work for state exhibition. Even if that is an achievement that can fetch only 4 marks for state achievement. Other certificates he produced are not W.P.(C) Nos.2627 of 2017 :11: from any authorities under State or Central. However he is given 5 marks for experience also, though he does not claim any such experience in aided or Government school, which alone is liable to be reckoned according to official respondents.
12. The awarding marks to the candidates are therefore contrary to the procedure prescribed by respondents themselves. Therefore, it is clear that the selection was vitiated by very serious irregularities. Even though the petitioners have failed to seek proper reliefs in the writ petition, I find that Ext.R3(d) produced along with the counter affidavit filed on 24.3.2017 and Ext.R7 series and Ext.R12 series of documents are sufficient to come to the conclusion that the selection was made either without any application of mind to the documents produced or deliberately to favour candidates of choice.
13. The appointed candidates have already worked. Therefore, I do not setting aside the selection, since the appointment was only for the period upto 31.03.2017, though the selection was illegal and is liable to be set aside.
14. The contention of the learned Government Pleader relying on the judgments of the apex court starting from Madan Lal sand Others v. State of J&K and Others : (1995)3 SCC 486: 1995 KHC 839 upto the latest decision in Sarojakumari D. Vs. R.Helen W.P.(C) Nos.2627 of 2017 :12: Thilakom and others : (2017)9 SCC 478: 2017 (4) KHC 898, are not applicable in the circumstances of this case, when there are serious irregularities in awarding the marks. Petitioners could not have anticipated such activities before appearing for such selection.
When the selection is found to have been vitiated, from the documents produced by the respondents themselves, a ranked list prepared on the basis of such a selection cannot be allowed to be acted upon any more. It is declared that Ext.P15 rank list is vitiated by irregularities. However, since the tenure of appointments are over, I do not interfere with the appointments which were only contractual. None of the party respondents will be entitled to any benefit on account of such appointments other than the monetary benefits already drawn by them. The respondents are free to make fresh selection strictly following the procedure prescribed in Ext.P1 order after calling for the list of candidates from the employment exchange.
Therefore W.P.(C) No 2627 of 2017 is allowed to the above extent.
Sd/-
P.V.ASHA JUDGE rkc