IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 11418 of 2004(H) -------------------------- PETITIONER: ------------ 1. BIJU.C.G., S/O.GEORGE.C.V., CHENNAM KUDIYIL, MULLARINGADU.P.O., THODUPUZHA, IDUKKY 2. ABEY JACOB, S/O.P.C.ABRAHAM, PUNNAVELIL, THUNDIYIL, PAZHAVANGADI, RANNI. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE COMMITTEE, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT FOR ELECTRONICS, PRAJOE TOWERS, VAZHUTHAKADU, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 4. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT FOR ELECTRONICS PRAJOE TOWERS, VAZHUTHAKADU, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR. 5. KERAL PUBLIC SERVICE COMMISSION, OFFICE OF THE KERAL PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. ADDL. 6. ANITHA MATHEWS, VI/36, ANTHRAPER BUILDINGS, PALACE ROAD, ALUVA 683 101, NOW WORKING AS TECHNICAL GR. II, MODEL POLYTECHNIC, MATTAKKARA, KOTTAYAM. ADDL. 7. PRADEEP KUMAR, P.R., PAVINNAYIL HOUSE, AMBIKA MARKET P.O., KUDAVECHOOR, VAIKOM, KOTTAYAM, NOW WORKING AS WORKSHOP ASSISTANT, COLLEGE OF APPLIED SCIENCE, THODUPUZHA. ADDL. 8. BIJU, K., "KAMAL" , KUNNUMPARA, OORATTAMBALAM P.O. THIRUVANANTHAPURAM, NOW WORKING AS WORKSHOP ASSISTANT ELECTRONICS, COLLEGE OF ENGINEERING, KALLOOPPARA. ADDL. 9. SUNIL KUMAR, N., KOCHUVEEDU, PADA SOUTH, KARUNAGAPPALLY P.O. NOW WORKING AS WORKSHOP ASSISTANT (ELECTRONICS), COLLEGE OF ENGINEERING, KALLOOPPARA. ADDL.10. SIBU, MS., PRAKRITHY, NEAR MAYYANAD HIGHER SECONDARY SCHOOL, MAYYANAD P.O., KOLLAM, NOW WORKING AS WORKSHOP ASSISTANT, MODEL POLYTECHNIC, MATTAKKARA. ADDL.11. SREENIVAS, P., SON OF N.K. PARAMESWARAN, KIZHAKAYIL HOUSE, THRIKKAKARA P.O., KOCHI (SENIOR LECTURER (MECHANICAL ENGINEERING) MODEL ENGINEERING COLLEGE, THRIKKARA, KOCHI AND EXECUTIVE COMMITTEE MEMBERS OF THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT EMPLOYEES UNION (IHRD EU), THYCAUD P.O., THIRUVANANTHAPURAM. 14. ADDL. R6 TO R10 ARE IMPLEADED AS PER ORDER DATED 20.3.06 ON I.A.2592 OF 2006 ADDL. R11 IS IMPLEADED AS PER ORDER DATED 30.3.2006 ON IA. 4396 IF 2006 R5 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R3 & R4 BY ADV. SRI.N.N.SUGUNAPALAN, SC, IHRDE R1 & R2 BY GOVERNMENT PLEADER SMT. SMITHA R6 TO R10 BY ADV. SMT.K.GIRIJA R11 BY ADV. SRI.K.RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE PROCEEDINGS DATED 13.10.1997 ISSUED BY THE DIRECTOR ALONG WITH THE SPECIAL RULES RELATING TO VARIOUS POSTS IN THE INSTITUTE OF IHRD EXT.P2 TRUE COPY OF THE PROCEEDINGS DATED 22.10.2001 ISSUED BY THE 4TH RESPONDENT. EXT.P3 TRUE COPY OF THE PROCEEDINGS DATED 7.2.2004 ISSUED BY THE FOURTH RESPONDENT. EXT.P4 (a) TRUE COPY OF THE NEWS ITEMS PUBLISHED IN MATHRUBHOOMI DAILY IN RELATION TO CORRUPTION AND ILLEGAL ACTIVITIES IN THE MATTER OF MAKING APPOINTMENTS IN IHRD DATED 21.1.2004 EXT.P4(b) DO. DO. DATED 22.9.2000 EXT.P4(c) DO.DO. DATED 19.9.2000 EXT.P4(d) DO.DO. DATED 20.9.2000 EXT.P4(e) DO.DO. DATED 21.9.2000 EXT.P4(f) DO.DO. DATED 23.9.2000 EXT.P4(g) DO.DO. DATED 24.9.2000 EXT.P4(h) DO. DO. DATED 11.3.2004 EXT.P5 TRUE COPY OF THE PROCEEDINGS BEARING NO. E5/5109/99/HRD (2) DATED 22.1.2000 ISSUED BY THE FOURTH RESPONDENT. EXT.P6 TRUE COPY OF THE PROCEEDINGS DATED 2.9.1998 ISSUED BY THE FOURTH RESPONDENT. EXT.P7 TRUE COPY OF THE PROCEEDINGS DATED 31.3.2001 ISSUED BY THE FOURTH RESPONDENT. EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 24.2.2004 SUBMITTED BEFORE THE RESPONDENTS 1 TO 4. EXT.P9 TRUE COPY OF THE STATEMENT OF ADHOC/DAILY WAGE EMPLOYEES WORKING IN VARIOUS POSITIONS IN IHRD AND VARIOUS INSTITUTIONS UNDER IT. EXT.P10 TRUE COPY OF THE JUDGMENT DATED 6.11.2001 PASSED BY THIS HON'BLE COURT IN OP 32595/2001(E) EXT.P11 TRUE COPY OF THE NEWS ITEM DATED 27.12.2003 PUBLISHED IN MATHRUBHOOMI DAILY. EXT.P12 TRUE COPY OF THE COMMUNICATION DATED 27.11.1999 NO. 21599/32/98/H.EDN. ISSUED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION. EXT.P12(a) TRUE COPY OF THE CIRCULAR DATED 27.3.2000 ISSUED BY THE FOURTH RESPONDENT. 4 4TH RESPONDENT'S EXHIBITS: EXT.R4(a) TRUE COPY OF THE AMENDMENT IN THE SPECIAL RULES DATED 22.10.2001 EXT.R4(b) TRUE COPY OF THE AMENDMENT IN THE SPECIAL RULES DATED 24.6.2002 EXT.R4(c) TRUE COPY OF THE AMENDMENT IN THE SPECIAL RULES DATED 7.2.2004 EXT.R4(d) TRUE COPY OF THE RECRUITMENT POLICY ISSUED BY THE GOVERNING BODY. EXT.R4(e) TRUE COPY OF THE ORDER DATED 9.7.2002 ISSUED BY THE 4TH ;RESPONDENT. EXT.R4(f) TRUE COPY OF THE NOTIFICATION NO. R/9298/2000/HRD DATED 18.10.2000 PUBLISHED FOR THE POST OF JUNIOR OFFICE ASSISTANTS. EXT.R4(g) TRUE COPY OF THE NOTIFICATION NO. R/9298/2001/HRD DATED 18.9.2001 PUBLISHED FOR THE POST OF JUNIOR OFFICE ASSISTANTS. 6TH RESPONDENT'S EXHIBITS: EXT.R6(a) TRUE COPY OF REPRESENTATION SUBMITTED BY RESPONDENTS 6 TO 10 BEFORE THE 2ND RESPONDENT DATED 16.2.2006 TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 11418 OF 2004 -------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. This W.P.C. is in the nature of public interest litigation for direction to respondents to make appointment in the institutions under the control of IHRD in accordance with rules framed. This Court on 15.12.2004 issued an interim direction, directing the respondents to strictly follow the recruitment policy and rules. We do not think any further order is required in the matter. W.P. is accordingly disposed of making the interim order dated 15.12.2004 absolute. However, if there is any infirmity in the rules, petitioners or any other aggrieved party can challenge the same. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2