Kerala High Court
Aby K. A vs State Of Kerala on 24 February, 2023
Author: Sathish Ninan
Bench: Sathish Ninan
WP(C) No.6428/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Friday, the 24th day of February 2023 / 5th Phalguna, 1944
WP(C) NO. 6428 OF 2023(C)
PETITIONERS:
1. ABY K. A., AGED 38 YEARS S/O. ABDUL KARIM, KURIAPULLY HOUSE, ARATTU
VAZHI, ERIYAD P.O., KODUNGALLUR, TRISSUR, PIN - 680666
2. ANEESA K. M. P., AGED 29 YEARS, D/O. ABDURAHIMAN, KARUTHA
MOIDEENKUTTINTE PURACKAL, ARIYALLUR P.O., MALAPPURAM, PIN - 676312
3. SABEER S., AGED 34 YEARS S/O. SHAMSUDEEN, PUTHUVEEDU, PAZHIKKARA,
PARAVUR, KOLLAM, PIN - 691301
4. SHIJI K., AGED 38 YEARS, W/O. BINUKUMAR S., KAVANEZHATH PUTHUVAL,
NEENDAKARA P.O., KOLLAM, PIN - 691582
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, FISHERIES AND
PORTS (A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN
- 695001
2. KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD.
NO. F (T) 738 (MATSYAFED), KAMALESWARAM, MANAKKAD P.O.,
THIRUVANANTHAPURAM, PIN - 695009 REPRESENTED BY MANAGING DIRECTOR.
3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN -
695004 REPRESENTED BY SECRETARY.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to :
i) STAY the operation of Ext.P5 like notices as against the
petitioners', till the disposal of the writ petition.
ii) DIRECT the 3rd respondent to proceed with selection from Ext.P4
ranked list including supplementary list of muslims and economically
weaker section, subject to the result of writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.K.S.MADHUSOODANAN, M.M.VINOD KUMAR, P.K.RAKESH KUMAR, K.S.MIZVER &
M.J.KIRANKUMAR, Advocates for the petitioners, GOVERNMENT PLEADER for the
respondent 1, SRI.T.P.PRADEEP, STANDING COUNSEL for the respondent 2 and
of SRI. P.C.SASIDHARAN, ADVOCATE for the respondent 3, the court passed
the following:
WP(C) No.6428/2023 2/4
SATHISH NINAN, J.
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W.P.(C) No.6428 of 2023
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Dated this the 24th day of February, 2023
O R D E R
Admit.
2. Government Pleader takes notice for the 1 st respondent, Advocate Sri.T.P.Pradeep, Standing Counsel takes notice for the 2 nd respondent, and Advocate Sri.P.C.Sasidharan takes notice for the 3 rd respondent.
3. Learned counsel for the petitioners seeks for an interim order.
4. Non-grant of reservation within the "fisherman/ dependent of fisherman category" for the post of Assistant Grade-II/Junior Assistant in the second respondent-MATSYAFED, is the subject matter of challenge in this writ petition. Non-providing of reservation within the category mentioned, is in terms of the Special Rules which governs the field. In the writ petition, the petitioner challenges the relevant rule under the Special Rules.
WP(C) No.6428/2023 3/4W.P.(C) No.6428 of 2023 -: 2 :-
5. Prima facie, in the light of the judgment of the Apex Court in Janhit Abhiyan v. Union of India, 2022 SCC OnLine SC 1540, reservation within the category, is not warranted. In the light thereof, the interim relief sought is declined.
For counter affidavit if any, post after a month.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge 24-02-2023 /True Copy/ Assistant Registrar WP(C) No.6428/2023 4/4 APPENDIX OF WP(C) 6428/2023 Exhibit P4 PHOTOCOPY OF THE RANKED LIST OF CATEGORY 230/ 2020 PUBLISHED BY 3RD RESPONDENT CAME INTO EFFECT FROM 23-12-2022.
Exhibit P5 PHOTOCOPY OF THE SHOW CAUSE NOTICE BEARING NO. ERIVB(3) /2756/2022/EW DATED 09-02-2023 ISSUED TO THE 1ST PETITIONER.
24-02-2023 /True Copy/ Assistant Registrar