IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 OP.No. 10251 of 1998(A) ----------------------- PETITIONER(S): --------------- S. LATHA, CHARINJAVILA HOUSE, PARIPPALLY P.O., KOLLAM DIST. BY ADV. SMT.S.KARTHIKA SRI.T.R.RAJESH SMT.T.B.REMANI RESPONDENT(S): --------------- 1. COCHIN PORT TRUST, REP. BY ITS SECRETARY, COCHIN-682009. 2. THE CHAIRMAN, COCHIN PORT TRUST, COCHIN. ADV. SRI. A.M. SHAFFIQUE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 10251/1998. ---------------------------------------------------------------- EXT.P1 COPY OF MEMO DT. 5-11-1997. EXT.P2 MEMO DT. 24-12-1997. EXT.P3 CERTIFICATE DT. 2-6-1997. EXT.P4 REPRESENTATION DT. 9-4-1998. EXT.P5 COMMUNICATION DT. 27-4-1998. EXT.P6 TRUE COPY OF ROSTER. RESPONDENTS' EXHIBITS: ----------------------------------- EXT.R1A TRUE COPY OF RANK LIST. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 10251 of 1998 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th February, 2009. J U D G M E N T The petitioner participated in the selection process for selection and appointment to the post of L.D. Clerk in the Cochin Port Trust. 15 vacancies were notified. After the written test, 47 persons were invited for interview, out of which, 13 persons were selected and appointed. The petitioner is challenging the selection process primarily on the ground that reservation principles have not been followed in the appointment. The petitioner also raises a contention that no rank list was published. The petitioner seeks the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext. P5 and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction of order asking the respondents to consider the petitioner for selection and appoint to the post of L.D. Clerk on the basis of the performance of the petitioner in the written test and interview properly assessed and after publishing a ranked list containing more than 3 times the number of posts notified subject to the Rules of reservation available for Backward Classes. iii) Issue a writ of mandamus or any other appropriate writ, direction or order declaring that the petitioner is entitled to be appointed as L.D. Clerk in the Cochin Port Trust in one of the posts reserved for Backward Class on the basis of the rank obtained by her in the written test and interview in a fair selection. iv) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to produce the answer paper of the petitioner and the answer paper of other candidates who were selected and appointed and also the entire selection proceedings before this Hon'ble Court to scrutinise as to whether there is a fair selection to the 15 posts of L.D. Clerks notified to the Employment Exchanges. v) Issue a writ of mandamus or any other appropriate writ, direction of order directing the Cochin Port Trust to publish a ranked list containing 3 or 4 times the number of candidates who appeared for the interview.” O.P. No. 10251/1998 -: 2 :- 2. A counter affidavit and an additional counter affidavit have been filed in support of the selection . Ext. R1(a) has been produced as the rank list of the candidates, which contained only names of the 13 candidates appointed.. 3. The petitioner contends that the procedure adopted by the respondents is not correct. According to the petitioner, the respondents should have published the rank list and from the same, appointment should have been made applying communal rotation. The petitioner contends that since there were 15 vacancies 4 should have gone to OBC in which case the petitioner would have been the 4th candidate in so far as she is the 4th among the OBC candidates. 4. In the course of the arguments, I directed the counsel for the port Trust to produce the select list prepared. Today, it is submitted that the files being very old, could not be traced. But a copy of proceedings of the Staff Selection Committee have been made available to me for perusal. It reads thus: “The Staff Selection Committee consisting of Chairman of the Board as Chairman, Secretary as member, Shri. P.S. Karunakaran, Exe. Engineer (CM-I) as member representing SC/ST and Dr. P.K.K. Marikkar, member representing the minority community met at 3.00 p.m. on 12.1.1998 in the Chairman's chamber for selection of candidate for appointment to the post of L.D. Clerk against the vacancies that arose during 1996 and 1997. On going through the note the committee noted that the administration has decided to fill up the vacancies arose during 1997 along with the remaining 6 vacant post of 1996. The committee interviewed the 47 candidates (as per list attached) who were sponsored by the Employment Exchange, Zila Sainik Board, Central Agency etc. and who had passed in the written test conducted by the Department on 30-11-97 and assessed the suitability on the basis of their marks scored in the written test and performance in the interview and found the following candidates suitable for appointment to the post as O.P. No. 10251/1998 -: 3 :- detailed below in the order of merit. 1. - Sl. No. 41 Shri. V.K. Manoj. 2. - Sl. No. 28 Shri. Sunilkumar M.R. 3. - Sl. No. 24 Kum. Bency Mathew 4. - Sl. No. 16 Shri. P.G. Mohanan. 5. - Sl. No. 6 Shri. P.M. Mathai. 6. - Sl. No. 42 Miss Reshma S. Nair 7. - Sl. No. 48 Smt. U. Rajeswari. 8. - Sl. No. 32 Shri. K.N. Krishnakumar. 9. - Sl. No. 13 Shri. K. Surendran (OBC) 10. - Sl. No. 5 Shri. K.R. Sasi (OBC) 11. - Sl No. 35 Smt. M. Sheeja (OBC) 12. - Sl. No. 18 Smt. V.R. Bindhumole (ST) 13. - Sl. No. 26 Smt. T.S. Santhi (SC)”. According to the respondents, although applications were invited anticipating 15 vacancies at the time of selection there were only 13 vacancies. Therefore, only 13 vacancies were filled up. Reservation principles also have been followed, is the contention raised by the respondents. In so far as OBCs, Scheduled Castes and Scheduled Tribes are concerned, they have been given their due share. 5. I have considered the contentions of both sides. 6. The procedure adopted by the respondents does not appear to be in accordance with the legal principles for such selection. Normally, in cases where communal rotation has to be applied, first a rank list of a specific number of candidates should be published from among the applicants in the order of merit and appointments are to O.P. No. 10251/1998 -: 4 :- be made applying principles of communal rotation. Although that principle had not been followed, I am not inclined to interfere with the selection at this point of time in so far as the reservation principles have been suitably followed. Going by the marks obtained by her, the petitioner would not get appointment in the open category quota, admittedly. The petitioner's claim is as the 4th OBC candidate. That is based on the premise that there were 15 vacancies. If the vacancies were only 13, the petitioner is not eligible as a 4th OBC candidate, since for 13 vacancies, admittedly, only 3 OBC candidates can be appointed as per the quota for reservation. Going by the select list, it is clear that the selection was made only to 13 vacancies and only 13 persons were appointed. That being so, the petitioner would not have been eligible for appointment even in the reservation quota applicable to OBC notwithstanding the non-publication of rank list. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in this original petition. Accordingly, the original petition is dismissed. However, the Cochin Port Trust shall see that all future selections are made after publishing a rank list for the information of the candidates who have applied for selection and from the same appointments shall be made in accordance with the principles of communal rotation. S. Siri Jagan, Judge. Tds/ O.P. No. 10251/1998 -: 5 :- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 10251 of 1998 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= J U D G M E N T 18th February, 2009.