IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27756 of 2006(D)
1. P. SREELATHA, W/O.T.A.SURESH KUMAR,
... Petitioner
Vs
1. THE GENERALA MANAGER,
... Respondent
2. THRISSUR DISTRICT MINI INDUSTRIAL ESTATE
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.C.E.UNNIKRISHNAN
The Hon'ble MR. Justice J.M.JAMES
Dated :09/01/2007
O R D E R
J.M.JAMES, J.
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W.P.(C). 27756/2006
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Dated this the 9th day of January, 2007
JUDGMENT
The second respondent, Society, had notified
on 20.9.2006, inviting candidates to appear for the
examination to the post of Junior Clerks. The writ
petitioner was one of the applicants. However, the writ
petitioner submits that no subjects were prescribed for
conducting the test and the test was conducted for the
purpose of appointing another candidate by name Shaijan,
a close relative of the Deputy Registrar of the Industries
Department.
2. An interim order was passed by this Court,
restraining the second respondent from conducting the
test. However, the test was conducted by an outside
agency, which is not a party in this writ petition.
Therefore, the order dated 20.10.2006 was not served on
the outside agency, who conducted the test. Accordingly,
the written test was conducted on 21.10.2006.
W.P.(C).27756/2006
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3. It is submitted by the learned counsel for the
respondents that sixty candidates had appeared for the
test. However, the continued process, including the
interview, is not conducted because of the pendency of
the writ petition.
4. During the hearing, it is submitted that the
said Shaijan had not appeared for the test and he
resigned from the employment, under the second
respondent.
5. After hearing both sides and considering the
materials that are placed before me, I dispose of this
writ petition with the following directions:-
(a). The second respondent shall conduct a
separate written test for the writ petitioner on
14.1.2007 at 10.00 a.m., at the office of the
second respondent, Society.
(b). The duration of the written test and the
syllabus for the test, shall be as same as the test
conducted, in respect of the other sixty
candidates, who had appeared for the
W.P.(C).27756/2006
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examination on 21.10.2006, of course the
questions being different.
(c). The result of the written test shall be
published in such a way that the writ petitioner
will have an opportunity to take part in the
interview, if found otherwise eligible, along with
other candidates, who had appeared in the
earlier written test and found eligible.
(d).The second respondent is free to conduct the
interview of the prospective candidates, after
the written test of the writ petitioner is
completed as directed above, and proceed with
the matter as per law, including the
appointments, without waiting for further
directions from this Court.
J.M.JAMES
JUDGE
mrcs