IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 7001 of 2005(H) ------------------------------------ PETITIONER(S): ------------------------ SALIM I., S/O. IBRAHIMKUTTY, NEDIYATH THEKKATHIL, KOTTAKAKAM, CHAVARA P.O., KOLLAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT(S): ------------------------ 1. OILK PALM INDIA LIMITED, OLD STAR THEATRE ROAD, P.B.NO.1715, KOTTAYAM SOUTH P.O., REPRESENTED BY ITS MANAGING DIRECTOR. 2. SENIOR MANAGER (H.R.D.) OIL PALM INDIA LIMITED, OLD STAR THEATRE ROAD, P.BH.NO.1715, KOTTAYAM SOUTH P.O., PIN 686 039. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. ADV. SRI.A.M.SHAFFIQUE (SR.) FOR R1 & 2 SRI.E.K.NANDAKUMAR FOR R1 & 2 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 & 2 SMT.PRIYA MAHESH FOR R1 & 2 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7001/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTIFICATION PUBLISHED BY THE RESPONDENTS FOR APPOINTMENT TO THE POST OF DRAUGHTMAN (MECHANICAL). P2:- COPY OF THE CERTIFICATE DT. 20.11.95 AWARDING THE DIPLOMA IN MECHANICAL ENGINEERING (3 YEAR COURSE) TO THE PETITIONER BY THE STATE BOARD OF TECHNICAL EDUCATION, KERALA. P3:- COPY OF THE CERTIFICATE DT. 19.7.99 ISSUED TO THE PETITIONER BY WINTECH COMPUTERS, KARUNAGAPPALLY. P4:- COPY OF THE CERTIFICATE OF PROFICIENCY DT. 13.4.98 ISSUED BY THE DIRECTOR OF TRAINING, BOARD OF APPRENTICESHIP TRAINING, SOUTHERN REGION, CHENNAI. P5:- COPY OF THE TRAINING CERTIFICATE DT. 9.5.97 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P6:- COPY OF THE CERTIFICATE DT. 24.1.05 ISSUED BY THE PRINCIPAL, N.S.N.S.M.I.T.C. CHAVARA TO THE PETITIONER. P7:- COPY OF THE CALL LETTER DT. 10.1.05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE INTERVIEW. P8:- COPY OF THE NATIONAL SCHEME OF APPRENTICESHIP TRAINING FRAMED BY THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT, NEW DELHI. P9:- COPY OF THE REPRESENTATION DT. 7.2.05 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. R1(a):- COPY OF THE RANK LIST PREPARED BY THE SUB COMMITTEE OF THE DIRECTORS HELD ON 28.1.05. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7001 of 2005 ----------------------------------------- Dated this the 26th day of November, 2008 JUDGMENT The writ petition is filed with the following prayer:- (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 & 2 to consider the petitioner for appointment to the post of “Draughtsman (Mechanical)” in the vacancy in existence, based on the position occupied by the petitioner in the selection conducted in pursuance to Ext.P1 and also in the light of Ext.P4 certificate of proficiency issued under the Apprentices Act standing to his credit. It is seen that the petitioner has submitted Ext.P9. There will be a direction to the first respondent to consider Ext.P9 with notice to the petitioner and pass appropriate orders in accordance with law within a period of three months from the date of production of a copy of this judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7001 of 2005 ----------------------------------- JUDGMENT 26th November, 2008