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Aneesh.A.Ajitha Mandiram vs State Of Kerala

High Court Of Kerala|05 June, 2014
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JUDGMENT / ORDER

The petitioner is an unemployed person. The lands belonging to his parents were acquired for the purpose of the second respondent company. In this writ petition, relying on the directions issued by this Court in Ext.P5 judgment, the petitioner prays for a direction to the fifth respondent to complete the process of selection to the post of Junior Workers in the second respondent company. It is contended that though the selection process commenced with the issuance of Ext.P6 notification dated 4.3.2013, notwithstanding the fact that nearly one year has expired, it has not been finalised till date. 2. A counter affidavit dated 20.3.2014 has been filed on behalf of respondents 2 to 5. Paragraphs 2, 3 and 4 thereof are extracted below:-
“2. The petitioner by the above writ petition has sought for a direction to complete the process of selection to the junior workers in the 3rd respondent pursuant to Ext.P6 notification as expeditiously as possible. It is respectfully submitted that Ext.P3 judgment held that notifications exclusively for reserved category are unconstitutional. A direction is issued to issue a fresh notification inviting application from all eligible persons and after receipt of applications make selections from them by awarding marks for various components of their qualifications, experience etc. and drawing up a rank list in which if persons belonging to the 4 categories secure same W.P.(C) No.4081/2014 2 marks as that of others to give preference to 4 categories of persons as laid down in the Division Bench decision referred to therein. Ext.P6 notification was issued, in response to the said notification 13377 applications were received. Having due regard to the number of applications, it took a long time to scrutinize the applications and after scrutiny 13090 applications are found prima facie eligible for consideration to the post of junior worker.
3. Having regard to the large number of applications received it was not possible for the company to conduct the recruitment though the company has been conducting recruitment to various posts where the numbers were comparatively very less. In such circumstances Government recruitment agencies were found out and three agencies were short listed, namely, Centre for Management Development (CMD) Kerala State Productivity Council, and Kerala Industrial and Technical Consultancy Organization (KITCO). The said three agencies have given their rates for the conduct of the test and one of the agencies is to be entrusted with the selection process. This is the present position as far as the recruitment is concerned So far the procedure was cumbersome in view of the large number of applications received. Now when conduct of the selection is entrusted to one agency, it is presumed that even a short span the recruitment process will be completed. Election have been declared. Once the general elections are over, the selection process will be completed as expeditiously as possible. The allegation in the writ petition that posts of junior workers are being filled through contract workers is not correct. Only as a stop gap arrangement, in order to carry on the day to day work and as a stop gap arrangement the contract was awarded to LAPA Co-op Society. Once the election is completed the contract will be terminated. The further allegation that after making appointment through back door, promises are given by the 3rd respondent that in due course they will be regularized is totally incorrect and is hereby denied. None of the contract employees will be regularized as alleged in the writ petition.
4. In the above facts and circumstances it is submitted that there is no cause of action for the petitioners to prefer this writ petition as the matter stands. The selection process pursuant to Ext.P6 will be completed as expeditiously as possible. Substantial time was consumed for scrutinizing the applications since the number of applications received were very large.'
W.P.(C) No.4081/2014 3 3. It is evident from the stand taken by respondents 2 to 5 that the agency which is to conduct the selection process has not yet been finalised. The respondents have further stated in paragraph 4 of the counter affidavit that the selection process will be completed expeditiously. A Division Bench of this Court has in Ext.P5 judgment delivered on 21.8.2012 in W.A.No.1504 of 2012 and connected cases directed that the selection process should be completed within six months from the date of receipt of a copy of the judgment. The said period has admittedly expired.
In such circumstances, I dispose of the writ petition with a direction to respondents 2 to 5 to complete the selection process pursuant to Ext.P6 notification expeditiously and in any event within six months from today. The respondents shall also take necessary steps within two weeks from today, to entrust the recruitment process to one among the short listed agencies.
vps P.N.RAVINDRAN, (JUDGE)
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Title

Aneesh.A.Ajitha Mandiram vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
05 June, 2014
Judges
  • P N Ravindran
Advocates
  • K P Satheesan