IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 8865 of 2011(G) --------------------------------------- PETITIONER(S): ------------------------ SHANIL.P.Y., PARAPPILLY HOUSE, PARAPPURAM.P.O., KANJOOR, ERNAKULAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS(EKM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------------------- 1. KANJOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KANJOOR.P.O., ERNAKULAM DISTRICT. PIN-683 575. 2. THE PRESIDENT, KANJOOR GRAMA PANCHAYAT, KANJOOR.P.O., ERNAKULAM DISTRICT. PIN-683 575. 3. THE VICE PRESIDENT AND CHAIRMAN, FINANCE STANDING COMMITTEE, KANJOOR GRAMA PANCHAYAT, KANJOOR.P.O., ERNAKULAM DISTRICT. PIN-683 575. 4. K.T.BAIJU, KIZHAKKOLAN HOUSE, PARAPPURAM, KANJOOR.P.O., ERNAKULAM DISTRICT. PIN-683 575. R1 TO R3 BY ADV. SRI.T.SAJI R4 BY ADV.SRI.JOHN VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.8865/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE PUBLISHED BY THE FIRST RESPONDENT DATED 6/12/2010 P2 COPY OF THE LETTER RECEIVED FROM THE FIRST RESPONDENT BY THE PETITIONER DATED 20/12/2010. P3 COPY OF THE QUESTION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 9/2/2011. P4 COPY OF THE REPLY GIVEN BY THE FIRST RESPONDENT UNDER RIGHT TO INFORMATION ACT DATED 19/2/2011. P5 COPY OF THE REPLY GIVEN TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED NIL. P6 COPY OF THE DETAILED SHEETS(FACT SHEET) OF THE FOUR CANDIDATED ATTENDED THE INTERVIEW INCLUDING THE PETITIONER AND THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE DECISION NUMBER-9 DATED 27/11/10 OF KANJOOR PANCHAYAT. R1(B) COPY OF THE DECISION NUMBER-6 DATED 28/12/10 OF KANJOOR PANCHAYAT. R1(C) COPY OF THE ORDER C-9052/10 DATED 29/12/10 . /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 8865 OF 2011 ----------------------------------------------------------- Dated this the 7th December, 2011. JUDGMENT The petitioner has filed this writ petition challenging the appointment of the fourth respondent as a driver by the first respondent Kanjoor Grama Panchayat. The petitioner was also an applicant for the post. According to the petitioner, the fourth respondent is a person who has not satisfied all the conditions stipulated by Ext.P1 notification. It is contended by the petitioner that the fourth respondent did not have a certificate showing his experience or an employment registration card, as evidenced from Ext.P4. In spite of the above, he was appointed. 2. The allegations of the petitioner are disputed by the counsel for the Panchayat as well as the fourth respondent. According to the counsel, the fourth respondent has been selected and appointed for the reason that he was the best candidate. The other allegations are also denied. According to the counsel for the respondents, the fourth respondent had been appointed on contract basis for a period of one year and the period is to expire WPC 8865/2011 2 on 31-12-2011. Therefore, it is pointed out that a fresh selection would have to be made for any further appointment. 3. In view of the fact that the term for which the fourth respondent has been appointed is about to get over, I do not think that it is necessary to consider the contentions of the parties on the merits. It is sufficient that this writ petition is disposed of directing the first respondent to consider the petitioner also for any appointment that may be contemplated in future. 4. This writ petition is accordingly disposed of directing the first respondent to consider the petitioner also during the selection if any conducted for any future appointment, provided the petitioner submits a proper application for such selection. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 8865/2011 3