IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2674 of 2011(H)
1. BABY GIRIJA, W/O.RAVEENDRAN, AGED 48
... Petitioner
2. LAYA RAVEENDRAN, MUKALEL HOUSE,
3. LEENA RAVEENDRAN, RESIDING DO.
4. RAMACHANDRAN, S/O.GOPALAN,
Vs
1. SANTHA, THANNIKUZHY HOUSE, PALLIPPADAM,
... Respondent
2. REVENUE DIVISIONAL OFFICER,
3. DISTRICT COLLECTOR, MALAPPURAM - 676505.
4. VILLAGE OFFICER, PULLIPPADAM,
5. SECRETARY, GOVERNMENT OF KERALA,
6. TAHSILDAR, NILAMBUR - 679 329.
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/02/2011
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 2674 of 2011
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Dated this, the 8th day of February, 2011.
J U D G M E N T
The petitioner participated in the selection process for
appointment to the post of L.D. Typist (reserved for Ex-service men)
pursuant to the notification inviting applications by the Public Service
Commission. His name was included in the short list. But, in Ext. P 3
rank list published on 27.1.2010, his name was not included. On
enquiry, he came to know that he was not included since he did not
have the qualification of “word processing”, which is a qualification
prescribed for that post. The petitioner submits that in view of Ext.
P8 judgment, the said objection will not stand. The petitioner
therefore seeks the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate writ,
order or direction to the respondents 1 and 2 to include the
name of the petitioner in the rank list for the post of Lower
Division Typist (Ex-servicemen only) in the Department of
Sainik Welfare/N.C.C in Thiruvananthapuram district.
(ii) Issue a writ of certiorari or any other appropriate writ,
order or direction to quash Ext. P7 additional notification
issued by the 2nd respondent after calling for the records
leading to its issuance.
(iii) Declare that the petitioner is eligible to get included his
name in the rank list or the post of Lower Division Typist
(Ex-servicemen only) in the Department of Sainik
Welfare/N.C.C in Thiruvananthapuram district without
having additional qualification of computer word Processing
in the light of Ext. P4 G.O. as he had already completed
more than 15 years’ service in Army as Clerk General duty
as mandated in Ext. P2 notification.
(iv) Declare that Ext. P6 G.O. is not applicable to Ex-servicemen
for applying to the post of Lower Division Typist.”
2. Ext. P3 rank list was published on 27.1.2010. The petitioner
has filed this writ petition only on 19.1.2011, almost an year after
W.P(C) No. 2674/11 -: 2 :-
publication of the rank list. The explanation for the long delay
submitted by the petitioner is that the petitioner has been
making enquiries with the Public Service Commission and he
obtained Ext. P5 information by resorting to proceedings under
the Right to Information Act only on 12.1.2011 and therefore
there is no delay. From Ext. P5, I find that the application under
the Right to Information Act was filed by the petitioner only on
30.11.2010, 11 months after the publication of Ext. P3 rank list.
Therefore, I am not satisfied that the petitioner has satisfactorily
explained the delay of almost 11 months.
In view of the unexplained delay and laches, I am not
inclined to exercise my discretionary jurisdiction in favour of the
petitioner. Accordingly, the writ petition is dismissed.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.