IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 20396 of 2007(C) --------------------------------------- PETITIONER(S): ----------------------- SYAMALA.N., KOCHUPARAMBIL, PAYAPPAR P.O., KOTTAYAM DIST. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): ------------------------ 1. BHARANANGANAM GRAMA PANCHAYAT REP.BY ITS SECRETARY, BHARANANGANAM P.O., KOTTAYAM DIST. 2. THE EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, PALA. 3. STATE OF KERLA REP.BY SECRETARY TO GOVT. FOR SELF GOVT., SECRETARIAT, THIRUVANANTHAPURAM. 4. MADHUSOODANALAL K.A. KATTUMATTATHIL, PALAKKATTUMALA P.O., MARANGATTUPALLY. ADV. SRI.A.C.DEVASIA FOR R4 SRI.T.J.MICHAEL FOR R4 SRI.SHAJI THOMAS PORKKATTIL FOR R1 SRI.T.V.VINU FOR R1 GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20396/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LIST SENT BY THE 2ND RESPONDENT TO THE IST PETITIONER DT. 1.1.07. P2:- COPY OF THE INTIMATION ISSUED BY THE IST RESPONDENT DT. 19.1.07. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.20396 of 2007 ---------------------------------------------- Dated 5th November, 2008. J U D G M E N T Petitioner is aggrieved since she is not selected as a part time sweeper. According to her, she is senior to the 4th respondent in the matter of registration under the Employment Exchange. There is no dispute on that aspect. Learned counsel for the 4th respondent submits that the seniority is only for one day and others included in Ext.P1 list are also seniors. Be that as it may, it is seen from the counter affidavit filed by the first respondent that the selection is not based on the seniority, but on suitability. It is also stated in the counter affidavit that the interview board found the 4th respondent to be more suitable, in view of the good physical health, and that there is no undue influence. The selection thus having been conducted having due regard to the requirements to the post and the 4th respondent having been found to be more suitable in view of the physical health, there is no merit in the writ petition. It is dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.20396 of 2007 ---------------------------------------------- J U D G M E N T Dated 5th November, 2008.