IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 6284 of 2009(E) ------------------------- PETITIONERS: --------------- SATHEESAN.P.M,S/O.RARICHAN,POYILIL MEETHAL HOUSE, MODAKALLUR.P.O, ATHOLI,KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: --------------- 1. KERALA TOURISM DEVELOPMENT CORPORATION LTD, REP; BY ITS MANAGING DIRECTOR, MASCOT SQUARE, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR,KERALA TOURISM DEVELOPMNET CORPORATION LTD, MASCOT SQUARE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT. ANU SIVARAMAN ADV. SRI.P.A.AHAMED,SC FOR KTDC LTD. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.6284 of 2009 -------------------------- Dated this the 4th March,2009 J U D G M E N T First respondent issued a notification for appointment to the post of Waiter in their services. Petitioner had submitted an application. Pursuant to that he was invited for written test on 2.8.2008. 2. A short list of candidates was published on 20.12.2008 for the purpose of inviting them for the interview. This is evidenced by Exhibit-P2. Petitioner’s register No. is 366. According to the petitioner, thereafter nothing was heard in the matter. But on getting information that the rank list is prepared, he filed Exhibit-P3 seeking for an opportunity to participate in the interview. Since no reply was given in the matter, he has filed this writ petition seeking for a direction to the respondents to interview the petitioner to the post of Waiters. W.P ( C) No.6284 of 2009 2 3. Respondents have filed a detailed counter affidavit. It is averred therein that the petitioner had attended the written test on 2.8.2008. The test was conducted to shortlist the 484 candidates who were found qualified on preliminary scrutiny. Out of the 484 candidates called for written test, 315 candidates were present and 169 candidates were absent. In Exhibit-P2 shortlist, 114 candidates were included. It is also averred that all the 114 candidates who were shortlisted for interview were sent call letters in the address furnished by them under certificate of posting on 23.12.2008 and 24.12.2008 through the Vikas Bhavan Post Office, Thiruvananthapuram-33. Exhibit R1(b) is the acknowledgment received from the post office. As per the schedule the petitioner was asked to be present for the interview at 12.30 p.m on 9.1.2009 at the Sopanam Hall of Mascot Hotel, Trivandrum as per the Memo No.KTDC/PA (3)4254/2008 Dated 22/12/2008. This is produced as Exhibit R1 (c). It is pointed out that the interview was conducted on 8th, 9th and 20th of January, 2009 by an W.P ( C) No.6284 of 2009 3 interview Board consisting of The Chairman, KTDC, The Managing Director, KTDC and three other Directors. The petitioner did not appear for the interview. Even though Exhibit-P3 representation was received on 16.2.2009, the selection process had already been completed and select list was published on 14.2.2009. To evidence the fact that the representation was received only on 16.2.2009, respondents have produced Exhibit R1 (d). It is also pointed out that 15 candidates who were included in the rank list have been given appointment order against the 15 vacancies notified therein with a direction to report for duty on 25.2.2009 and all the 15 candidates have reported for duty also. Learned counsel for the petitioner submits that there might have been some omission in the matter as otherwise he would have received the call letter in time. It is clear from the averments in the counter affidavit that the call letter was issued to all other candidates and there are no allegation of malafides in the matter. At this stage this Court would not be justified in conducting a roving enquiry W.P ( C) No.6284 of 2009 4 in the matter. It is clear from the counter affidavit that all the vacancies have been filled up also. In that view of the matter, the writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.6284 of 2009 5 W.P ( C) No.6284 of 2009 6