IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 35593 of 2010(Y) ------------------------------------- PETITIONER: ------------------- PARIMALA.B, AGED 41 YEARS, W/O.DHARMARAJAN,ILANGUMADOM VELI,KALATH WARD, AVALOOKUNNU.P.O,ALAPPUZHA-688 006. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR,EMPLOYMENT DIRECTORATE, THIRUVANANTHAPURAM-695014. 2. THE EMPLOYMENT OFFICER,KUTTANAD TOWN EMPLOYMENT EXCHANGE,MANCOMPU.P.O,ALAPPUZHA DIST, PIN-689001. 3. THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE,ALAPPUZHA-688 001. 4. THE DIRECTOR,VIGILANCE AND ANTI CORRUPTIONS BUREAU,THIRUVANANTHAPURAM-695001. 5. THE MANAGING DIRECTOR,KERALA STAE WARE HOUSING CORPORATION, THIRUVANANTHAPURAM-695001. BY GOVERNMENT PLEADER SRI. SANDESH RAJA R5 BY ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35593 of 2010(Y) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 : COPY OF THE COMPLAINT BEFORE THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM DT. 25.06.08 EXT.P2 : COPY OF THE COMMUNICATION DT.19.08.08 SENT BY THE 1ST RESPONDENT EXT.P3 : COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT DT.12.05.10 RESPONDENT'S EXHIBITS:- EXT.R5(A) : COPY OF THE NOTIFICATION DT. 06.07.07 EXT.R5(B) : COPY OF THE NORMS FOR RECRUITMENT TO THE POST OF CLASS IV GRADE II FROM THE LIST RECEIVED FROM VARIOUS DISTRICT EMPLOYMENT EXCHANGES IN KERALA EXT.R5(C) : COPY OF THE LIST OF CANDIDATES CALLED FOR INTERVIEW FROM ALAPPUZHA DISTRICT EXT.R5(D) : COPY OF THE VERIFICATION SHEET OF THE INTERVIEW CONDUCTED ON 14.01.11 EXT.R5(E) : COPY OF THE EVALUAION SHEET OF THE INTERVIEW CONDUCTED ON 15.09.08 FOR THE POST OF CLASS IV GR.II AT HEAD OFFICE, ERNAKULAM TRUE COPY PA TO JUDGE SMT S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.35593 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2011 J U D G M E N T The petitioner aspires for appointment to a Class IV post in the State Government or in Government organizations. She has registered her name in the Kuttanad Town Employment Exchange on 27.10.1988. According to the petitioner, she has all the required qualifications and seniority of registration with the Employment Exchange for consideration for appointment to a Class IV post, for which the Kerala State Ware Housing Corporation, the 5th respondent has invited sponsoring of names from the Employment Exchanges. Although the petitioner was also sponsored, the petitioner was not considered for selection. It is under the above circumstances, the petitioner has filed this writ petition, seeking the following reliefs:- “i. issue a writ of mandamus any other appropriate writ, order or direction directing the 4th respondent to enquire into the issue as to whether any appointments of Class IV were made based on the requisition of the Kerala State Ware Housing Corporation for which the petitioner's name was included in the list submitted by the Kuttanad Town Employment Exchange on 24-9-2009. ii. issue a writ of mandamus, or any other appropriate writ order or direction directing the respondents to include the name of the petitioner in the Seniority List prepared for Class III and Class IV posts.” W.P.(C) No.35593of 2010 -2- 2. The contention of the respondents is that, since, there was a large number of persons sponsored by the Employment Exchange, the 5th respondent has decided to short list the candidates by excluding some on the basis of age. 3. By interim order dated 17.12.2010, I had directed the 5th respondent to provisionally interview the petitioner also and inform the result to this Court. Pursuant thereto, the 5th respondent has produced before this Court in a sealed cover, the results of the petitioner's interview, which has been opened. Now, it has to be finally decided as to whether the petitioner is eligible to be considered for appointment. The petitioner has been waiting for 23 years for an employment. That being so, it would be most unjust, not to consider the petitioner's claim for consideration on the ground of her age. The Employment Exchange has sponsored names, in accordance with the request of the 5th respondent. They could have very well requested the Employment Exchange Officer to sponsor such number of candidates, proportionate to the vacancies available. I am of the opinion that having obtained her name also from the Employment Exchange, it would be inappropriate for the 5th respondent to reject the candidature of the petitioner on the ground of age, insofar as no age limit is applicable to the petitioner. 3. In the above circumstances, I am of opinion that the petitioner was W.P.(C) No.35593of 2010 -3- unjustly taken out of the zone of consideration. That being so, the petitioner is entitled to be considered for the particular selection, which is the subject matter of this writ petition. Accordingly, this writ petition is disposed of with a direction to the 5th respondent to process the candidature of the 5th respondent in accordance with the results of her interview and appoint her, if she is eligible for such appointment on the basis of the results of her interview along with other candidates. This shall be done within one month from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //TRUE COPY// P.A. TO JUDGE KRK