IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 12899 of 2008(I) -------------------------- PETITIONER(S): --------------- ARUN.V.S., AGED 32 YEARS, S/O.G.SASEENDRA KURUP, "USHUS", KEEZHPEROOR, PEROOR P.O., KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.HARISH KUMAR RESPONDENT(S): --------------- 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE INFORMATION OFFICER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 4. THE COMMISSIONER, KERALA STATE RIGHT TO INFORMATION COMMISSION, THIRUVANANTHAPURAM. * 5. PRAVEEN G.S., CHARUVILA PADINJATTETHIL VEEDU, MYLOM P.O., KOTTARAKARA, KOLLAM. Addl. 6. P.B.GIRISHKUMAR, S/O. P.G. BALAKRSIHNAN NAIR, EDAKKATTU HOUSE, AMAYANNOOR P.O., KOTTAYAM DISTRICT (WATCHER,PERINGALLOOR DEVASWOM, VADAVATHOOR SUB GROUP OF KOTTAYAM GROUP OF TRAVANCORE DEVASWOM BOARD. 7. SURESHKUMAR A.R., S/O. RAMACHANDRAN NAIR, AMBIKA BHAVAN, CHIRAKKADAVU CENTRE (PO) /2/ THEKKETHUMALA (VIA) KOTTAYAM DISTRICT (WATCHER,CHERUVALLY DEVASWOM OF CHERUVALLY SUB GROUP OF KOTTAYAM GROUP OF TRAVANCORE DEVASWOM BOARD. 8. SHYLESHKUMAR N., S/O. NATARAJAN, KARIPINAMKUZHIINIRAVIL, KALLELI (PO), KONNI, PATHANAMTHITTA DISTRICT, (WATCHER KODUMTHARA DEVAWOM, PATHANAMTHITTA SUB GROUP OF ARANMULA GROUP OF TRAVANCORE DEVASWOM BOARD) 9. RATHEESH BABU, S/O. P.K. VASUDEVAN NAIR, RATHEESH BHAVAN, THAZHAM P.O, MALAYALAPUZHA, PATHANAMTHITTA DISTRICT(WATCHER MADAMON DEVASWOM, PERINAD SUB GROUP OF ARANMULA GROUP OF TRAVANCORE DEVASWOM BOARD.) 10. PRAVEENKUMAR E.P.S/O. T.G. PRABHAKARAN NAIR, ELAPPUNKAL HOUSE, PALLICKACHIRA KAVALA(PO) PAYIPADU, CHANGANASSERY, KOTTYAAM DISTRICT (WATCHER VAZHAPPILLY DEVASWOM , VAZHAPPILY SUB GROUP OF CHANGANASSERY GROUP OF TRAVANCORE DEVASWOM BOARD.) 11. RAJEEV.D, S/O. A DIVAKARA PANICKER, PAYAMPALLIL HOUSE, NEELAMPEROOR (PO) ALAPPUZHA DISTRICT (WATCHER, KODUPPUNNAKAVU DEVASWOPM, KODUPPUNNA SUB GROUP OF CHANGANASSERY GROUP OF TRAVANCORE DEVASWOM BOARD.) 12. BINUMON.M.R, S/O. M.N. RAMACHANDRAN PILLAI, MALIAKKAL HOUSE, CHIRAKADAVU CENTRE (PO) THEKKETHUKAVALA, PONKUNNAM, KOTTAYAM DISTRICT(WATCHER, VETTIKADU DEVASWOM, KODUNGOOR SUB GROUP OF KOTTAYAM GROUP OF TRAVANCORE DEVASWOM BOARD. 13. A.R. VINOD, S/O. RAMAN PILLAI, ANARIMANGALAM VEEDU, MALAKKUNNAM (PO) CHANGANASSERY, KOTTAYAM DISTRICT(WATCHER, PAKKIL DEVASWOM, PAKKIL SUB GROUP OF KOTTAYAM GROUP OF TRAVANCORE DEVASWOM BOARD). 14. P.R. PUSHPARAJAMN NAIR, S/O. RAGHAVAN NAIR, POOTHAPARAMBIL HOUSE, KORUTHODU P.O., KOTTAYAM DISTRICT (WATCHER, THRIKKAKARA DEVASWOM, THRIKKAKARA SUB GROUP OF PARAVOOR GROUP OF TRAVANCORE DEVASWOM BOARD) 15. JAYAKUMAR.G, S/O. GOPAKUMAR, “GOPIKA”, THULAMPARAMABUNADUVATH HARIPPAD(PO) ALAPPUZHA DISTRICT (WATCHER, AMBALAPUZHA DEVASWOM, AMBALAPUZHA SUB GROUP OF AMBALAPUZHA GROUP OF TRAVANCORE DEVASWOM BOARD.) 16. N.S.S GIRISH KUMAR, S/O. SREEDHARAN NAIR, NELLIKOTTUMURUPPEL, PYNAMON(PO), KONNI, PATHANAMTHITTA DISTRICT (WATCHER, PANAMATTATHUKAVU DEVASWOM, THELIYOORKAVU SUB GROUP OF THIRUVALLA GROUP OF TRAVANCORE DEVASWOM BOARD. /3/ 17. RAJENDRAN N.S., S/O. SANKARA PANICKER, NALONNIL VEEDU, PERUMBALAM (PO), CHERTHALA, ALAPPUZHA DISTRICT, (WATCHER, NARANAM DEVASWOM, NARANAM SUB GROUP OF PARUR GROUP OF TRAVANCORE DEVASWOM BOARD) (Addl. R6 to R17 are impleaded by order dated 3/11/2008 in I.A.No.13939/08 ADV. SRI.D.SREEKUMAR, SC, TDB FOR R1 & R3 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 & 3 SRI.ANCHAL C.VIJAYAN FOR ADDL.R6-17 BY GOVT. PLEADER SRI. P. NANDAKUMAR The 5th respondent is impleaded in a representative capacity representing persons included in Ext.P2(rank list dt.31/10/2005 of candidates to the post of watcher containing 351 persons for appointment to the various temples under Travancore Devaswom Board) as per order dt.18.8.08 in I.A.No.10759/08) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. A true copy of the notification published in Mathrubhooki Thozhil vartha dated 26.2.2005. Ext.P2. A true copy of the proceedings dated 31.10.2005 along with relevant portion of the rank list. Ext.P3. A true copy of the proceedings dated 18.2.2008 issued by the 4th respondent. Ext.P4. A true copy of the proceedings dated 3.3.1008 issued by the 3rd respondent. Ext.P5. A true copy of the order dated 4.12.2007 issued by the first respondent. Ext.P6. A true copy of the proceedings dated 19.3.2008 issued by the 4th respondent. Ext.P7: A true copy of the relevant pages of the Paripoornan Commission Report dated 19.12.2007. Respondent's Exhibits. Ext.R6(a) True copy of the memorandum of Writ Petition(Civil) NO.22384/2006 of this Honorable Court. Ext.R6(b) True copy of the order dated 15.2.2007 issued by the Hon'ble Supreme Court in Civil Appeal No.821 and 822 of 2007. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.12899 OF 2008(I) -------------------------------------------------- Dated this the 26th day of July, 2010 J U D G M E N T Ext.P1 is a vacancy notification issued by the first respondent inviting applications to various posts including Watcher. Qualifications prescribed for the post are pass in 8th standard and physical fitness. It is also stated that only men can apply. 2. Petitioner, having satisfied the eligibility laid down in Ext.P1 notification, submitted his application. He was called for a written test, but without conducting any physical test, ranked list containing 351 persons, was published and was forwarded to the Devaswom Board by Ext.P2 letter of the Secretary of the Devaswom Board, for necessary action. According to the petitioner, during Jaunary, 2006, 70 persons who were included in the ranked list were appointed as watchers. As he was at rank No.78 in the list he was not appointed. 3. While so, several allegations were levelled against the procedure adopted by the Board in conducting the selection and finalizing the ranked list. Taking note of the allegations that were WPC.No. 12899/08 :2 : levelled, and as the issue was being examined by Justice Paripoornan Commission appointed by this court, the Board issued Ext.P5 proceedings dated 4.12.2007, cancelling the select list. It was at that stage the writ petition was filed by the petitioner seeking to quash Ext.P5 and to direct the Board to appoint him. Subsequently, the writ petition was got amended incorporating a prayer for cancellation of the appointments already made from Ext.P2 ranked list and to direct the Board to initiate fresh steps for recruitment on the basis of Ext.P1 or to conduct fresh recruitment and to finalize the ranked list for appointment as watchmen. Contention of the petitioner is that in spite of cancellation of the selection list, those appointed from the select list are not terminated. 4. The Board has filed a counter affidavit. The Board accepts the fact that taking note of the irregularities in the process of selection and finalization of the select list, they passed Ext.P5 proceedings canceling the select list. 5. Pursuant to the order dated 3rd February, 2008, the 5th respondent was impleaded in a representative capacity and the petitioners have taken out notice by publication. In pursuance to the paper publication, additional party respondents got WPC.No. 12899/08 :3 : themselves impleaded and some of them have filed counter affidavit also. 6. Ext.P7 is the extract of the report submitted by Justice Paripoornan Commission. Paragraph 99 of the report states that on the basis of the materials available before the Commission it had no hesitation to hold that the selection to the post of Watchers has been done at the ipse dixit of the Board and its members and that there was non compliance with the notification. On this basis the Commission concluded that the selection of Watchmen was improper and illegal. Even prior to the submission of the report, the Board had passed Ext.P5 proceedings canceling the rank list. Thus it is obvious that both the Commission and Board were unanimous in their conclusion that selection to the post of watchmen held pursuant to Ext.P1 notification was tainted with illegalities and it was on that basis the ranked list has been cancelled. Once the rank list has been cancelled, for the reason that the selection process on the basis of which it was finalized, was vitiated, it was impermissible for the Board to have retained in its rolls the persons who were illegally appointed. Necessary consequences will be that their appointments will have to be terminated. This the board did not WPC.No. 12899/08 :4 : do. A situation similar to what is obtaining in this writ petition came up for the consideration of a Division Bench of this Court in the judgment in Deepthi Vijayakumar V. Joint Registrar of Co-operative Societies & Ors. (ILR 2008(4) Kerala 19), and it was held that if the selection process is tainted by illegalities, the entire selection will have to be set aside. The plea for continuance of the selected candidates was also considered and the Division Bench and applying the law laid down by the Apex Court in Krishan Yadav V. State of Haryana (AIR 1994 SC 2166) it was held that the plea of continuance by the appointed candidates is liable to be ignored. Applying the principles thus laid down by the Apex Court and the Division Bench of this Court, necessarily the appointments made by the Board from Ext.P2 ranked list has to be set aside and I do so. 7. It is directed that it will be open to the Board either to proceed afresh in pursuance to Ext.P1 or if they deem fit, invite fresh applications by issuing appropriate notification. It is directed that if the Board intends to recruit candidates either in pursuance to Ext.P1 or by fresh notification, steps shall be taken and concluded on an expeditious basis, at any rate within 3 months from today. It is made clear that until the process is so WPC.No. 12899/08 :5 : completed, the persons who are already in employment will be allowed to continue, but they will have no right to continue in service beyond 3 months from today. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/