IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 12696 of 2007(J) ------------------------------------ PETITIONER(S): --------------------- 1. ASHA D, D/O.ANNOJI RAO,DELAMBAD HOUSE, P.O MILLERIA,KASARGOD DISTRICT. 2. K.P.PREMA,D/O.LATE RAGHAVAN, KANDOTHUMPURAM HOUSE,NELLIYADUKKAM,KATTIPOLI P.O, KASARGOD DISTRICT. BY ADV. SRI.C.MURALI KRISHNAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA STATE AIDS CONTROL SOCIETY, REPRESENTED BY ITS PROJECT DIRECTOR,RED CROSS ROAD,THIRUVANANTHAPURAM. 3. PROJECT DIRECTOR,KERALA STATE AIDS CONTROL SOCIETY,RED CROSS ROAD,THIRUVANANTHAPURAM. 4. KASARGOD DISTRICT NET WORK OF PEOPLE LIVING HIV/AIDS,REPRESENTED BY ITS SECRETARY, NO.72,MUSLIM ORPHANAGE BUILDING,AVIKKARA ROAD, NEAR RAILWAY STATION,P.O KANHANGAD. 5. MUNEERA V.M, W/O.RAJAN,PARAKKAUDI, CHALAD,KANNUR. 6. HAWABI,IAD,SURAKSHA PROJECT, KOTTALEKKANNI ROAD,KASARGOD. 7. S.R.MANILAL,NGO ADVISOR,KERALA STATE AIDS CONTROL SOCIETY,THIRUVANANTHAPURAM. GOVT. PLEADER SRI. V.TEK CHAND ADV. SMT.SANDHYA RAJU FOR R4 SRI.M.AJAY,SC,KERALA STATE AIDS CONTROL FOR R2-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12696/2007 J APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE NOTIFICATION DT. 22/3/2007. EXT.P2. COPY OF THE CERITIFICATE DATED 24/3/07 BY THE R4. EXT.P3. COPY OF THE CERTIFICATE DT. 24/3/07 BY THE R4. EXT.P4. COPY OF THE POINTS DECIDED MEETING OF THE R2. RESPONDENTS' EXHIBITS : nil. / TRUE COPY / tga P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 12696 OF 2007 ......................................................................... Dated this the 2nd April, 2009 J U D G M E N T The petitioners, HIV/AIDS infected persons, offered their candidature for selection as 'Counsellors' in “Pratyasa Kendram” as notified in Ext.P1. It is the case of the petitioners that they are duly qualified to be considered for the posts in question and that they have got the requisite experience in the field. It is contended by them that though they participated in the selection process, they have been wrongly excluded from the select list of beneficiaries; whereas the respondents No.5 and 6, who according to the petitioners are less qualified, have been selected, which hence is under challenge. 2. The main contention in the Writ Petition is that the constitution of the Selection Committee is not at all correct or proper, which in turn has adversely affected the precious rights of the petitioners. It is settled law by virtue of the decision W.P.(C) No. 12696 OF 2007 2 rendered by a Constitution Bench of the Honourable Supreme Court in Shankarsan Dash vs. Union of India (AIR 1991 SC 1612) that, it is no more open to anybody to challenge the constitution of the Selection Committee, after participating in the process of selection and losing the game. 3. In the above circumstances, there is absolutely no merit in the challenge raised in the present Writ Petition. Hence interference is declined. The Writ Petition is dismissed. P.R. RAMACHANDRA MENON, JUDGE. lk