IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 OP.No. 3056 of 1999(L) ------------------------------- PETITIONER: ----------------- V.S.SANTHOSH KUMAR, SON OF SUBRAMONIAN CHETTIAR, PRAYAPPILLY HOUSE, KAITHARAM, NORTH PARAVUR. BY ADV. SRI.T.K.VENUGOPALAN SRI.V.DEVAN RESPONDENTS: ---------------------- 1. THE DEPUTY GENERAL MANAGER, SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, MERCY ESTATE, IIND FLOOR, RAVIPURAM, M.G.ROAD, ERNAKULAM. 2. THE CHAIRMAN, BOARD OF DIRECTORS, SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, LUCKNOW, UTTAR PRADESH. 3. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR, ASST., SG.- R3 SRI.P.RAMAKRISHNAN -R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO.3056/1999-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS, DATED 06/10/1997. EXT.P2: COPY OF JUDGMENT DATED 06/10/1998 PASSED BY THIS HONOURABLE COURT IN OP NO.19039/98. EXT.P3: A COPY OF COMMUNICATION DATED 03/12/1998 RECEIVED BY THE PETITIONER FROM THE ADDL. CENTRAL GOVERNMENT STANDING COUNSEL. EXT.P4: COPY OF LETTER DATED 24/11/1998 ISSUED BY THE GENERAL MANAGER (PERSONNEL) SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, TO THE REGISTRAR, HIGH COURT OF KERALA. EXT.P5: COPY OF COMMUNICATION DATED 21/03/1997 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1a): COPY OF FAX MESSAGE DATED 11/01/96 FROM PERSONNEL DEPARTMENT, SIDBI, LUCKNOW REGARDING ROSTER POINT FOR DRIVER-CUM-PEON. EXT.R1(b): CCOPY OF FAX MESSAGE DATED 12/01/1996 FROM PERSONNEL DEPARTMENT, SIDBI, LUCKNOW REGARDING ELIGIBILITY CRITERIA FOR THE POST OF DRIVER-CUM-PEON. EXT.R1(c): COPY OF LETTER DATED 06/12/1996 ALONG WITH LIST OF SPONSORED CANDIDATES FROM THE DIVISIONAL EMPLOYMENT EXCHANGE, ERNAKULAM. EXT.R1(d): COPY OF LETTER DATED 21/03/1997 ISSUED TO THE PETITIONER SIDBI, KOCHI. EXT.R1(e): COPY OF BIO-DATA DATED 31/03/1997 FURNISHED BY THE PETITIONER TO SIDBI, KOCHI. EXT.R1(f): COPY OF LETTER DATED 25/06/97 FROM SIDBI, KOCHI TO DIVISIONAL EMPLOYMENT EXCHANGE (DEE). EXT.R1(g): COPY OF LETTER DATED 25/08/1997 FROM DEE ASKING FOR FRESH REQUISITION FROM SIDBI. EXT.R1(h): COPY OF LETTER DATED 20/01/1998 FROM SIDBI TO DEE. O.P. NO.3056/1999-L EXT.R1(i): COPY OF LETTER DATED 18/03/1998 FROM DEE FORWARDING LIST OF 43 CANDIDATES . EXT.R1(j): COPY OF LETTER DATED 31/03/1998 FROM DEE FORWARDING LIST OF 1 CANDIDATE. EXT.R1(k): COPY OF LETTER 19/01/1998 FROM SIDBI TO ZILLA SAINIK WELFARE OFFICER, ERNAKULAM REQUESTING TO SPONSOR SUITABLE CANDIDATES. EXT.R1(l): COPY OF LETTER DATED 23/01/1998 FROM ZILLA SAINIK WELFARE OFFICER FORWARDING A LIST OF 10 CANDIDATES. EXT.R1(m): COPY OF ORDER DATED 06/10/1998 FROM THE HON'BLE HIGH COURT OF ERNAKULAM DIRECTING SIDBI TO PASS APPROPRIATE ORDERS. // TRUE COPY // P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.3056 of 1999-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008. JUDGMENT The relief sought for in the writ petition is for a direction to the respondents to appoint him as a Driver. He was sponsored by the Employment Exchange for appointment as Driver-cum-Peon in the Small Scale Industries Development Bank of India, Cochin. Pursuant to the same, the petitioner submitted an application and later, on coming to know that names of other persons are being sought for, he approached this court in O.P.No.19039/1998. As per Ext.P2 judgment, this court directed the second respondent therein to consider Exts.P3 and P4 and pass orders. Alleging that the second respondent did not properly consider the representations, the petitioner has filed this writ petition. According to him, the reply given as per Exts.P3 and P4 does not satisfy the true spirit of the judgment, Ext.P2. 2. The first respondent has filed a counter affidavit. It is averred that even though the name of the petitioner was sponsored by the Employment Exchange, going by the bio-data furnished by the petitioner, it was found that he was not having the requisite experience prescribed by the respondents Bank and he was not found eligible for being considered at all. OP 3056/99 -2- Again, they called for further names from the Employment Exchange as per Ext.R1(f). Pursuant to the requisition submitted, new set of names were sponsored by the Employment Exchange. Pursuant to Ext.P2 judgment, they have considered the matter. It was found that the petitioner did not have the minimum requisite experience prescribed by the Bank for calling for skill test and interview and his name was not included in the fresh list of candidates sponsored by the Employment Exchange. It is clear from para 11 of the counter affidavit that out of 54 names sponsored, 33 candidates applied and all of them were found eligible for test and interview. A selection committee was subsequently constituted and they had completed the selection accordingly. 3. The averments contained in the counter affidavit have not been denied by the petitioner. It is for the appointing authority to satisfy itself whether the candidate is eligible or not. Going by the averments in the counter affidavit, it is clear that the petitioner was not eligible to be considered for selection. Ext.R1(b) shows that five years' experience was prescribed. Petitioner lacked the same. His experience of four years was OP 3056/99 -3- not sufficient and it was only on daily wages also. In the above view of the matter, the petitioner is not entitled for any relief in this original petition. It is accordingly dismissed. (T.R. Ramachandran Nair, Judge.) kav/ OP 3056/99 -4- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.3056 of 1999-L - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 25th July, 2008.