IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 36916 of 2010(L) -------------------------- PETITIONER(S): --------------- K.K.GANGADHARAN, HSA (SANSKRIT), GOVERNMENT HIGHER SECONDARY SCHOOL, POONKUNNAM,THRISSUR DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNNMENT,GENERAL EDUCATION DEPARTMENT,GOVT. SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. STATE PROJECT DIRECTOR, SARVA SIKSHA ABHIYAN, KERALA,NANDAVANAM, THIRUVANANTHAPURAM 695 033. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36916 of 2010 L --------------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT The petitioner is working as H.S.A. (Sanskrit) in the General Education Department. It is stated that he is having more than 17 years of service as H.S.A. Notification was issued inviting applications for appointment of Block Programme Officers in various Districts under Sarva Siksha Abhiyan (SSA). The appointment was by way of deputation of H.S.A.s and Primary School Headmasters. As per the Notification, the required qualification for H.S.A.s is ten years' service. For Primary School Headmasters, it is mandatory that they should have graduation. 2. The petitioner responded to the Notification and submitted application. He was called for the interview. He participated in the interview. However, when Exhibit P4 WPC 36916/2010 2 appointment order was issued by the State Project Director, SSA Kerala (second respondent), the name of the petitioner was not included in the list. The petitioner submitted Exhibit P5 representation dated 27.11.2010 to the Government pointing out several illegalities and irregularities in Exhibit P4. In Exhibit P5 representation, it is stated thus : “While making the appointment, notwithstanding the fact that I possessed all the required qualifications and experience, my name is not included in the appointment order. At the same time, persons who do not possess the minimum qualification as per the notification inviting the application are given appointment. For example, Sl.No.1, 3, 9 and 11 for Thrissur in the proceedings cited 2nd do not possess the minimum experience of 10 years as HSA. The examples are illustrative and not exhaustive. It is known that only three applicants, viz., myself, Smt.Usha.M.V., who is now working as B.R.C. Trainer at WPC 36916/2010 3 Cherppu and Sri.Nandakumar, HSST, Government Girls High School, Kodungalloor alone had the minimum 10 years service as HSA. Even though myself and other two qualified hands were called for the interview, in the final list we are excluded to accommodate unqualified persons. Sri.T.S.Ravindran, HSA has got only about one year service as HSA. Taking into account training experience as Resource Person, Action Research, participation in the manufacture of text book etc. contribution to art, literature, sports, education etc. also the selection is not proper. Including persons who do not have minimum 10 years experience as HSA when three candidates with more than 10 years experience as HSA participated in the interview shows that the selection was vitiated by illegality and favouritism. The constitutional protection in favour of SC/ST hands is over looked while avoiding fully qualified SC/ST hands so as to induct unqualified hands who do not have reservation benefits.” WPC 36916/2010 4 3. Similar averments as made in Exhibit P5 representation have been made in the Writ Petition as well. The prayer made by the petitioner in the Writ Petition is to issue a writ of mandamus commanding the first respondent to dispose of Exhibit P5 representation, after affording an opportunity of being heard to the petitioner. 4. The learned Government Pleader submitted that Exhibit P5 representation was forwarded to the second respondent for taking a decision in the matter. 5. Very serious allegations are raised in Exhibit P5 representation. If the allegations are correct, Exhibit P4 appointment order, in so far as it relates to Thrissur District, is liable to be interfered with. When a Notification is issued indicating the minimum qualification, the second respondent was not at all justified in deviating from the same. If the allegation as pointed out in Exhibit P5 is correct, it is also WPC 36916/2010 5 necessary to take appropriate action in the matter. The stand taken by the Government that Exhibit P5 has been forwarded to the second respondent is not an answer at all. When illegality is allegedly committed by the second respondent, there is no justification for the Government to direct the second respondent to look into the grievance and to rectify the illegalities, if any. Therefore, I reject the contention put forward by the learned Government Pleader that the second respondent has to look into Exhibit P5. 6. Exhibit P5 requires to be considered by the Government. The Government has appointed the second respondent. The second respondent has to select persons strictly as per the Notification. When the allegation is that the second respondent has not done so, there is no point in forwarding Exhibit P5 representation to that very same person. The Government should earnestly and sincerely look into the allegations made in Exhibit P5 and take appropriate WPC 36916/2010 6 action in the matter, if the allegations are correct. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : The Government shall dispose of Exhibit P5 representation, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, and at any rate, within a period of two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl