IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 13418 of 2010(B) -------------------------- PETITIONER(S): --------------- 1. H. RAJAN, PULARI, URIYACODE.P.O, THIRUVANANTHAPURAM. 2. SREELAL.S.S, LALUBHAVAN, CHANGA.P.O, VELLANADU, THIRUVANANTHAPURAM. 3. AJESH.S, ABHILASH BHAVAN, VAHUTHANAMUKAL, POOVACHAL.P.O, THIRUVANANTHAPURAM. 4. VIMALRAJ, PERAMBUKON, THADATHARIKATHU VEEDU, KULAKKODE, VELLANADU.P.O. 5. ABHILASH.S, ABHILASH BHAVAN, VAZHUTHANAMUKAL, POOVACHAL.P.O, THIRUVANANTHAPURAM. 6. BINU.M, CHARANATTUVILAVEEDU, VENGANOOR.P.O, THIRUVANANTHAPURAM. 7. B. REMA, PULARI, URIYACODE.P.O, THIRUVANANTHAPURAM. 8. B. SUNILKUMAR, SUNIL BHAVAN, VELLOORKONAM, MITHRANIKETAN, THIRUVANANTHAPURAM. 9. PRAVEEN.S, S.V. BHAVAN, ANTHIYOOR, BALARAMAPURAM. 10. MAYA.B, VALIYAKULACHIL, NATTOORKOLLA, AMARAVILA, THIRUVANANTHAPURAM. 11. REMADEVI.S, MANNAKUDIVILAVEEDU, MANALOOR, NEYYATINKARA.P.O. WP(C) NO.13418/2010 12. GEETHA.B, SASIBHAVAN, CHANDRAMANGALAM, ANAD.P.O, THIRUVANANTHAPURAM. 13. SINDHU.L, CHITTIKKODU VEEDU, PORANNUR, PLAMOOTTUKADA.P.O, PARASSALA. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DEPARTMENT OF ANIMAL HUSBANDRY, VIKAS BHAVAN, THIRUVANANTHAPURAM. ADDL.R3 SALIM M, KURANDIYIL VEEDU, POOVACHAL.P.O., KATTAKADA, THIRUVANANTHAPURAM. ADDL.R4 CHANDRALEKHA, RESHMI BHAVAN, IRUMCHAL, KIZHAKKUMKARA, ARYANAD.P.O., THIRUVANANTHAPURAM. ADDL.R5 SHAJUDHEEN, PULIMOODU HOUSE, POOVACHAL, THIRUVANANTHAPURAM. * (ADDITIONAL RESPONDENTS 3 TO 5 ARE IMPLEADED AS PER ORDER DATED 03/11/2011 IN I.A.NO.6630/2010) MR.GEORGE MECHERIL, GOVERNMENT PLEADER ADV. SRI.D.KISHORE FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, ALONG WITH WPC NO. 14110/2010 & COC NO.114/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.13418/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CIRCULAR DATED 06/02/99. P2 : COPY OF JUDGMENT IN OP NO.20939/2000. P3 : COPY OF ORDER DATED 30/01/2001. P4 : COPY OF JUDGMENT IN W.A.NO.370/2009. P5 : COPY OF THE LIST DATED 09/02/2010. P6 : COPY OF REPRESENTATION DATED 15/03/2010. P7 : COPY OF NEWS PAPER REPORT DATED 13/03/2010. P8 : COPY OF REPRESENTATION DATED 22/02/2010 SUBMITTED BY THE 12TH PETITIONER BEFORE R1. P9 : COPY OF REPRESENTATION DATED 15/02/2010 SUBMITTED BY THE 13TH PETITIONER BEFORE R1. P10 : COPY OF REPRESENTATION DATED 20/02/2010 SUBMITTED BY THE 11TH PETITIONER BEFORE R1. P11 : COPY OF REPRESENTATION DATED 22/02/2010 SUBMITTED BY THE 10TH PETITIONER BEFORE R1. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... WP(C) Nos.13418, 14110 of 2010 & COC No.114 of 2011 .................................................................... Dated this the 3rd day of November, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. These Writ Petitions are filed challenging the select list selecting 32 persons as part time contingent employees in the Animal Husbandry Department. Pursuant to the direction issued by this Court, the Principal Secretary to Government conducted an enquiry in which at least 10 persons did not turn up with certificates. So far as the remaining persons are concerned, no valid certificate has been produced and therefore their appointments were cancelled. The allegation is that even the Director of Animal Husbandry is also involved in giving appointments to ineligible persons with bogus certificates. In any case, as of now all appointments remain cancelled and Vigilance enquiry is going on. In view of this development, we feel eligibility for appointment or the WP(C) Nos.13418, 14110/2010 & COC No.114/2011 2 correctness of selection already made calls for reconsideration only after Vigilance completes the enquiry and based on findings of the Vigilance Department. We, accordingly, dispose of the Contempt of Court Case and the Writ Petitions with direction to the Director of Vigilance to complete the enquiry within a period of two months from today and give a final report to the Principal Secretary to Government, Department of Animal Husbandry for him to reconsider eligibility of the selected candidates and others for recruitment. We make it clear that the Vigilance Department need not limit the enquiry against anybody and they are free to charge sheet whoever is involved however high the person is. The Principal Secretary should keep in mind that the work assigned to the selected people is very sensitive in nature i.e. artificial insemination, and if they are unfit, appointment of such persons will be only a disservice to the Society, and he should see that only qualified persons are appointed and in this regard it is open to him to conduct WP(C) Nos.13418, 14110/2010 & COC No.114/2011 3 performance test for the applicants in the presence of veterinary doctors. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg