High Court Kerala High Court

Baratharajan R. vs State Of Kerala on 1 August, 2007

Kerala High Court
Baratharajan R. vs State Of Kerala on 1 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16325 of 2004(R)


1. BARATHARAJAN R., S/O.K.B.RAMASWAMI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. KERALA KALAMANDALAM,

3. RECRUITMENT COMMITTEE,

4. EXECUTIVE COMMITTEE,

5. KALAMANDALAM TRIPUNITHURA SASI,

6. KALAMANDALAM HARIDASAN (VARAVOOR),

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  :SRI.GEORGE POONTHOTTAM, SC,KALAMANDALAM

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/08/2007

 O R D E R
                      Antony Dominic, J.
            ========================
                  W.P(C).No.16325 of 2004
            ========================

           Dated this the 1st day of August, 2007.

                          JUDGMENT

Petitioner had applied for the post of Second Grade

Instructor – Kathakali-Maddhalam in the second respondent. It is

stated that he was called for an interview and practical test and

Ext.P8 is the memo issued in this behalf. Eventually, on

completion of selection process, respondents 5 and 6 were

selected and appointed and they have joined duty with effect

from 1.6.2004.

2. Grounds on which the selection of respondents 5 and 6 is

sought to be invalidated are those contained in paragraph 4 of

the Writ Petition. According to the petitioner, Recruitment

Committee consisted of two persons, who were teachers of

respondents 5 and 6. It is also stated that one of the members

of the Selection Committee was related to the fifth respondent

and that the sixth respondent was working in the organisation on

temporary basis. In the counter affidavit filed on behalf of

WP(C)16325/04 -: 2 :-

respondents 5 and 6 it is admitted that two members of the

Recruitment Committee were their Teachers. But the counter

affidavit proceeds to say that there were other students of the

second respondent organisation, who did not succeed in the

selection process. Allegation that one of the members of the

Recruitment Committee is related to the fifth respondent is also

seen denied.

3. In a selection process and that too in an organisation like

the second respondent, it is not unnatural that Teachers of the

organisation could be members of Recruiment Committee and

that the students of the organisation could have participated as

applicants. That by itself, cannot invalidate the selection.

Therefore, participation of the two members in the Recruitment

Committee does not advance the case of the petitioner in any

manner. I am also not prepared to accept the allegation that one

of the members of the Committee is related to the fifth

respondent in the absence of any material and in the face of its

denial. Further, even if the fifth respondent has worked in the

second respondent in a temporary capacity, that cannot render

him ineligible for the post, but would only be an added

WP(C)16325/04 -: 3 :-

advantage.

I do not find any merit in this Writ Petition and the same is

dismissed. No order as to costs.

Antony Dominic,
Judge.

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