Kerala High Court
Muhammed Naeem.V.T vs State Of Kerala on 16 October, 2023
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Monday, the 16th day of October 2023 / 24th Aswina, 1945
WA NO. 370 OF 2023
AGAINST JUDGMENT DATED 7/12/2022 IN WP(C) 3383/2022 OF THIS COURT
APPELLANTS/PETITIONERS:
1. MUHAMMED NAEEM.V.T., AGED 35 YEARS, S/O.V.T. SHEREEF, THOPPIL HOUSE,
KILIMANGALAM P.O., THRISSUR DISTRICT- 680591.
2. NIZAMUDDIN KOCHUMANAPPUZHA, PUTHENCHANTHA CHAVARA, KOLLAM DISTRICT -
691583.
BY ADV. K. MOHANAKANNAN
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, POWER
DEPARTMENT, THIRUVANANTHAPURAM - 695001.
2. KERALA PUBLIC SERVICE COMMISSION, REP.BY SECRETARY, MG ROAD, NEAR
PATTOM JUNCTION, PALACE PATTOM, THULASI HILLS, THIRUVANANTHAPURAM-
695004.
3. KERALA STATE ELECTRICTY BOARD LIMITED. REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM- 695012.
4. CHIEF ENGINEER HRM, KERALA STATE ELECTRICITY BOARD, VHYDHYTHI
BH,MAVAN, PATTOM, THIRUVANANTHAPURAM - 695004.
5. RENJITH G., S/O. GOPALAKRISHNAN, SHILPA HOUSE, NEAR SBI STAFF
COLONY, CHEVAUR PO, KOZHIKODE - 673017.
6. PRASOBH O.P, S/O. R. PRAKASAN, ODASSERY HOUSE, MADAPLAMTHURUTH,
MOOTHAKUNNAM PO, ERNAKULAM DISTRICT - 683516.
BY GOVERNMENT PLEADER FOR R1
STANDING COUNSEL SRI. P.C. SASIDHARAN FOR R2
ADV. M.R. ANISON FOR R5 & R6
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct that appointment if any made from Ext.P8 rank list will be
subject to the result of the writ appeal.
This Writ Appeal coming on for orders along with connected case on
16/10/2023 upon perusing the appeal memorandum, the Court on the same day
passed the following:
EXT.P8:TRUE COPY OF THE RANK LIST IN CATEGORY NO.557/2014
DATED 19.03.2021 PUBLISHED BY THE PUBLIC SERVICE COMMISSION.
AMIT RAWAL & C.S.SUDHA, JJ.
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W.A 370 of 2023
&
W.A No.398 of 2023
----------------------------------------------------
Dated this the 16th day of October, 2023
ORDER
Amit Rawal, J.
This case was listed for spoken to as, on the date of preliminary hearing de hor of the view that the arguments addressed by the counsel for the appellant against the order of the Single Bench by relying upon the Government Order dated 17.1.2023, for the post of meter reader, NTC the qualification specified in the advertisement was not equivalent to degree. However the respondents have selected the candidates having higher qualification by taking the aid of the provisions of the Rule 10 (a) (ii) Part II of KS and SSR. Same reads thus:
"Notwithstanding anything contained in these rules or in the special rules, the qualifications recognised by executive orders or standing orders of government as equivalent to a qualification specified for a post in the special rules and such of those higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post."
We found that the said Rule was applicable and dictated in the judgment. Later on, came across the coordinate bench of this Court in W.A No.1246 of 2021 and therefore listed the case for rehearing. On the last date, copy of the judgment rendered by the coordinate bench of this Court was handed over to this Court. Today W.A 370 of 2023 and conctd. case 2 learned Senior counsel representing the respondent seeks more time to address the argument. Post on 6.11.2023. Any further appointment shall be subject to the outcome of the Writ Appeal.
Sd/-
AMIT RAWAL JUDGE Sd/-
C.S.SUDHA JUDGE sab 16-10-2023 /True Copy/ Assistant Registrar