IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 9838 of 2011(D) ------------------------- PETITIONER(S): --------------- 1. GREESHMA PRAKASAM, AGED 29 YEARS, W/O.BINU, ADVOCATE, PUNALUR. 2. RESHMI.S., AGED 28, W/O.GURUDAS, ADVOCATE, PUNALUR. 3. JISHA MURALI, AGED 28 YEARS, W/O.SUJITH, ADVOCATE, PUNALUR. 4. MANJU, AGED 28 YEARS, W/O.SATHEES, ADVOCATE, PUNALUR. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV SMT.S.JAYASREE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETASRY, KERALA SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SECRETARY, MINISTRY FOR HOME AFFAIRS, KERALA SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-691 001. 4. T.REJULA, ADVOCATE, PUNALUR, W/O.B.SHAMNAL, `SAMANAD SHA' NIVAS, KUNNIKKODE, VILLAKUDI VILLAGE, PIN-691 508. ADV. SRI.MANOJ RAMASWAMY FOR R4 GOVT. PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 9839/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.24.2.11. P2. COPY OF THE REPLY DTD.14.3.11. P3. COPY OF THE LETTER BY THE SECRETARY, BAR ASSOCIATION, PUNALUR. P4. COPY OF THE REPLY TO P2 DTD.10.3.11. P5. COPY OF THE PETITION BY THE MEMBERS OF THE PUNALUR BAR TO HOME SECRETARY, THIRUVANANTHAPURAM. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 9838 of 2011 ================== Dated this the 7th day of June, 2011 J U D G M E N T The petitioners are advocates who aspire for appointment to the temporary post of Assistant Public prosecutor Grade II in the Judicial First Class Magistrate's Court, Punalur. They applied pursuant to the notification inviting applications published by the 3rd respondent. Their grievance is that an interview has been conducted on 28.2.2011 without giving intimation to all the applicants regarding the date of interview. According to them, without notifying the date of interview to all the applicants, the interview has been conducted. The respondents take the stand that the date of the interview has been duly notified in the Bar Association Notice Board of the Punalur Bar Association. But, by Ext.P4, the Secretary of the Punalur Bar Association has certified that the Association has not received any intimation regarding the interview conducted on 28.2.2011. 2. I have heard the learned Government Pleader and the learned counsel appearing for the 4th respondent also. 3. The learned counsel for the 4th respondent would contend that the 4th respondent came to know about the date of interview from the notice board of the Bar Association. When the Secretary of the Bar Association himself has certified that the Bar Association had not w.p.c.9838/11 2 received any intimation regarding the interview, I fail to understand how the 4th respondent came to know about the date of interview from the notice board of the Bar Association. Whatever that be, I am of opinion that insofar as the post of Assistant Public Prosecutor is a very important post, even though the appointment is temporary, only the most competent person should be appointed. All the applicants are entitled to individual notices regarding the date of interview. When there is a dispute as to whether that notice has been duly published and I am satisfied that the date of interview has not been properly intimated to all the applicants, I am of opinion that it is only appropriate that the interview is conducted again. Accordingly, this writ petition is disposed of with the following directions: The 3rd respondent shall issue individual notices to all the applicants who have applied by registered post and conduct a fresh interview after cancelling the interview held on 28.2.2011 for selection to the post of Assistant Public Prosecutor Grade II, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.9838/11 3