IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 3528 of 2011(M) -------------------------------------- PETITIONER(S): ---------------------- DR.ALAGAPPAN MUTHURAMAN, DEPUTY DIRECTOR (AQUA CULTURE), THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, COCHIN - 682036. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.M.V.JOSEPH (ALAPPUZHA) RESPONDENT(S): --------------------- -- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI - 11. 2. THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, MPEDA HOUSE, COCHIN - 682 036, REPRESENTED BY ITS SECRETARY. 3. SHRI P.MOHANASUNDARAM, JOINT DIRECTOR OF FISHERIES (RESEARCH), D.M.S.CAMPUS, TEYNAMPET, CHENNAI - 600006. R1 BY ADVS. SRI.P.ALI, ADDL.CGSC R2 BY SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). R3 BY SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3528/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT EXTRACT OF NOTIFICATION N O.1/5/2010 -EP(MP) ISSUED BY THE GOVERNMENT INDIA DTD. 10.8.2010. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH CURRICULUM VITAE PROFORMA TO THE IST RESPONDENT. P3:- COPY OF THE INTERVIEW MEMO ISSUED TO THE PETITIONER DTD. 6.12.2010 BY THE IST RESPONDENT. P4:- COPY OF THE ORDER DTD. 18.1.2011 VIDE NO.1/5/2010 EP(MP) ISSUED BY IST RESPONDENT. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 28.1.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3528 of 2011-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT The petitioner challenges the appointment of the third respondent in the service of the second respondent, as per Ext.P4. The petitioner has raised various grounds in the writ petition to challenge the said order. The third respondent is appointed as Director of the second respondent on deputation basis. 2. The first respondent has filed a statement, wherein it is stated that the selection tot he post is to be made strictly in accordance with Ext.P1 criteria under a three members Selection Committee constituted by the competent authority. The recommendation of the committee was finally accepted by the competent authority, viz. the Hon'ble Minister for Commerce and Industry. It is stated in paragraphs 5 and 6 of the statement as follows: “5. The third respondent has 9 years of experience in the Pay Band-3 with Grade pay of Rs.7600/- and also possess the essential educational qualification for the post as he is a post graduate in Fisheries Science (M.FSc.). His in-service performance is much better than that of the petitioner and has been judged “Very Good” wpc 3528/2011 2 for the period from 25.2.2004 - 21.6.2004 and 24.5.2006 - 02.01.2007 and “Outstanding” for the period 21.06.2004 - 05.01.2005, 08.01.2005 - 11.07.2005, 12.07.2005 - 23.05.2006 and 15.10.2007 - 31.01.2009 whereas the petitioner has been judged only”Good” for three times and three times as “Very Good”, during the last 5 years. 6. It is further submitted that the petitioner does not have the required 5 years of experience in the Grade Pay of Rs.7600/- which is essential for officers of the Department. He possesses only 1 year and 10 months of experience in the Grade Pay of Rs.7600/-. From these it is discernible that the petitioner does not fulfill the required eligibility criteria.” Therefore, it is evident from the above paragraphs that the petitioner is not qualified for selection and appointment. In the light of the above, there is no scope for interference in the matter at the instance of the petitioner and the writ petition is hence dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/