IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 26300 of 2007(E) -------------------------- PETITIONER: ------------ 1. SIVAKUMAR V., S/O. VISWANATHAN M., AGED 21 YEARS, VISWA BHAVANAM, VALLACHIRA P.O., CHATHKUDOM, THRISSUR. 2. ANU JOSE, S/O. JOSE, AGED 22 YEARS, PARAKKAL HOUSE, NEAR ARCH BISHOP HOUSE, CHANGANASSERY P.O., KOTTAYAM. 3. SARATH RAJ, AGED 23 YEARS, S/O. RAJENDRAN NAIR, MR BHAVAN, PIRAPPANCODE P.O., VENJARAMOODU, THIRUVANANTHAPURAM. 4. SAJITH RAJ, AGED 23 YEARS, S/O. RAJENDRAN NAIR, MR BHAVAN, PIRAPPANCODE P.O., VENJARAMOODU, THIRUVANANTHAPURAM. 5. SHIJU R., MONI BHAVAN, AGED 23 YEARS, KARUMANOOR, PARASALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BIJU ABRAHAM SRI.SREEVALSAN.V RESPONDENTS: ------------- 1. KERALA TOURISM DEVELOPMENT CORPORATION LTD., P.B.NO.5424, MUSCOT SQUARE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 2. THE CHAIRMAN, KERALA TOURISM DEVELOPMENT CORPORATION LTD., P.B.NO.5424, MUSCOT SQUARE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TOURISM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. SUDHI I., VAAROOR HOUSE, NEDUMPANA P.O., KOLLAM. BY ADV. SRI.P.A.AHAMED,SC FOR KTDC LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26300 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- A TRUE COPY OF THE NOTICE INVITING APPLICATIONS ON OR BEFORE 16.9.06 PUBLISHED BY THE 1ST RESPONDENT EXT.P2- A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT EXT.P3- A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 20.6.06 TO THE 1ST PETITIONER (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).26300/2007 -------------------- Dated this the 12th day of February, 2008 JUDGMENT The petitioners have approached this Court contending that respondents 1 and 2 have taken steps to fill up the vacancies for the post of Waiter, Cook and Office Assistants in the KTDC, by inviting persons of their choice, without adopting a clear, regular and transparent selection procedure. Ext.P1 notification shows that the applications were invited for the post of Waiter/Cook/Office Assistants, but on a contract basis. Petitioners contend that there was no adequate publication of the notification. They further contend that the fourth respondent was not qualified but he was selected. Third contention is that the petitioners were qualified in terms of the notification but nevertheless they were not considered for the post. 2. A counter affidavit has been filed by the first respondent. Reference is made to the fact that Ext.P1 notification was published in the leading newspapers of W.P.(C).26300/2007 2 Mathrubhumi and Desabhimani on 3.9.2006 as also in the official website. This is evidenced by Exts.R1(b) and R1(c). In the circumstances, the contention that there was no adequate publicity for the notification does not seem to be correct. 3. As regards the qualification of the fourth respondent, it is pointed out that he has acquired the trade certificate in SCVT in the trade of steward from Industrial Training Department at Basic Training Center, Kollam. This is treated as an adequate qualification. I do not find any reply affidavit by the petitioners controverting the point. There is no reason not to accept the stand taken by the respondents 1 and 2 in this regard. 4. Third aspect contended by the petitioners is that the they are qualified but neverthless they have not been called for the interview. Respondents had pointed out that the petitioners had apparently obtained a Diploma W.P.(C).26300/2007 3 from private institutions and not from institutions/universities approved by the Board of Directors. This stand is also not controverted by the petitioners by any reply affidavit. 5. I do not find any grounds to interfere with the selection undertaken by the respondents. Writ petition is bereft of merit and hence the same is dismissed. V.GIRI, Judge mrcs