IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25339 of 2010(N) -------------------------- PETITIONER(S): --------------------- A.M.HAREES, S/O.A.M.HANEEFA RAWTHER (LATE) AGED 40 YEARS, ASSISTANT ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, PATHANAMTHITTA,RESIDING AT MADEENA, MANGARAM, PANDALAM, PATHANAMTHITTA. BY ADV. SRI.R.SREERAJ RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF ENVIRONMENT , SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN PATTOM, THIRUVANANTHAPURAM 695 004 3. THE INSTITUTE OF MANAGEMENT OF GOVERNMENT, VIKAS BHAVAN PO,THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR 695 033 4. SMT.SAUMA MUHAMMED, POOVALAPPIL, NARIKUNI VAYAL, CHELAVOOR PO, KOZHIKODE 673 571. 5. SMT. RAMYA G , POORNIMA, ASHRAM ROAD, KALADY PO ERNAKULAM 683 574. 6. SRI AURTHER XAVIER J, ANNAI ILLAM, CANAL PIRIVU, PAMPAN PALLAM PO, PALAKKAD 678 621 7. SRI DINESH K.S,KOTHAKULANGARA HOUSE GANDHIGRAM, IRINJALAKKUDA PO,THRISSUR 680 121 WPC NO.25339/2010 -2- 8. SMT ACHITHRA K, KUMARAN PULAKKIL, NEERANAMUKKU, PAZHAYANNUR PO, THRISSUR 680 587 9. SMT SREELAKSHMI P B, PUCHPOKKATH HOUSE VYLOOR, NELLAYI PO, THRISSUR 680 305 10. SMT SHABNA KUSHE SHEKAR, P.P.XI/827 A SHABHAM, PALIKKUNNU PO, KANNUR 670 004 11. SMT. SIMI P , SIMI NIVAS, POWER HOUSE WARD, ALAPPUZHA,688 007. 12. SMT.PREMALATHA S, NARAYANA VILASOM, PUTHENKULAM PO, KOLLAM 691 302. 13. SMT SUCHITHRA V, LEELA NIVAS, MAMMIYOOR, GURUVAYOOR PO,THRISSUR 680 101. GOVT.PLEADER SRI.ARAVINDKUMAR BABU SRI.M.K.CHANDRAMOHANDAS, SC, PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25339 OF 2010 (N) ===================== Dated this the 12th day of August, 2010 J U D G M E N T In pursuance to Ext.P1 notification issued for appointment to the post of Assistant Engineer under the respondent Board, among others, petitioner submitted his application. Pursuant to the selection process that was held, he was appointed by Ext.P5 order dated 28/10/08 and the petitioner joined the post. 2. His grievance is that for the OMR test, in which he appeared in pursuance to Ext.P1 notification, total marks allowed was 150. It is stated that the marks awarded in the OMR test was later converted into out of 80, as a result of which, there was a proportionate reduction in the total marks awarded to the petitioner. It is stated that when the marks awarded in the interview was added to the marks awarded in the OMR test, those candidates who secured higher marks in the interview got higher ranking in the final ranked list, and consequently, his ranking in the select list was pushed down. 3. It is stated that the conversion of marks in the OMR test was impermissible and as a result of which his seniority WPC No. 25339/10 :2 : position and further opportunities of promotion to the higher posts are adversely affected. It is with this grievance, the petitioner has filed this writ petition complaining of the above. 4. Although it is the case of the petitioner that he has filed Ext.P11 to the Chairman of the Board, even going by the pleadings in the writ petition, the Board has not taken any decision so far. Therefore, as at present, I feel it is only appropriate that the Chairman of the 2nd respondent Board should decide on Ext.P11 representation where the petitioner has highlighted his grievances. 5. Therefore, I direct the 2nd respondent before whom Ext.P11 is pending, to consider Ext.P11 and pass orders thereon, if necessary, by issuing notice to the parties concerned. This shall be done, at any rate within 8 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp