IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 2987 of 2009(E) ------------------------- PETITIONER(S): --------------- GIRIJA V.V., AGED 50 YEARS, W/O. MOHANAN, PERUMPARAMBIL HOUSE, P.O. MANNUTHY, THRISSUR. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL RESPONDENT(S): --------------- 1. THE SUPERINTENDENT, TECHNICAL HIGH SCHOOL, OFFICE OF THE SUPERINTENDENTOF TECHNICAL HIGH SCHOOL, CHEMBUKKAVU, THRISSUR -20. 2. THE EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, CHEMBUKKAVU, PALACE ROAD, THRISSUR -20. BY GOVT.PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No. 2987 of 2009 ---------------------------------------- Dated this the 12th day of February , 2009 JUDGMENT In the vacancy of part-time sanitary worker which arose in the office of the 1st respondent, the 2nd respondent furnished a list of 15 unemployed persons eligible for appointment including the petitioner to the 1st respondent. The 1st respondent issued a memo to all the candidates directing them to appear for an interview on 23.1.2009 at 11 A.M. The memo issued to the petitioner is marked as Ext.P4. The petitioner's case is that she received Ext.P4 memo at 12.45 P.M on 23.1.2009. Therefore she could not appear before the 1st respondent at 11 A.M on the said day . It is further stated by the petitioner that she collected all the necessary certificates and attended the office of the 1st respondent at 1.15 P.M and informed the 1st respondent that Ext.P4 was delivered to her only at 12.45 P.M. By the time the interview was over and therefore the 1st respondent informed the petitioner that she cannot be considered for interview to the earmarked post. The learned Government Pleader on instructions submitted that the interview Memo card was despatched to all the candidates on 17.1.2009 under certificate of posting and 5 candidates appeared for the interview. Out of the 5 candidates Smt.P.KRadha was appointed as per Order No.B/475/2008 dated 24.1.2009 issued by the Superintendent of W.P.(C) No. 2987 of 2009 -2- Technical High School, Thrissur. The averment in the writ petition that the petitioner received the interview memo only at 12.45 P.M. on the date of interview and that she reported to the 1st respondent at 1.15 P.M are question of facts, this Court is not in a position to examine those aspects in exercise of the powers conferred under 226 of the Constitution of India. Besides the facts stated above, the averments regarding the receipt of the interview memo by the petitioner are denied by the respondents. Therefore the direction sought for quashing the entire proceedings for appointment of the part-time sanitary worker in the vacancy cannot be granted. Needless to say that the 2nd respondent shall give preference to the petitioner while considering the names of eligible persons for appointment to the similar post which may arose in future in any Government Departments This writ petition lacks merits ; therefore dismissed. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 2987 of 2009 ---------------------------- JUDGMENT 12th February, 2009