P MOHANAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Oil Palm India Limited is a Government Company (for short, the Company). The Union of India and the State of Kerala are its shareholders. It is indisputably a State within the meaning of Art. 12 of the Constitution of India. Appellant herein was appointed as a worker in the services of the Company in the year 1982. 12 posts of Watchman/Messenger/Attender fell vacant. Recruitment to the said post is not governed by any statutory rules. Admittedly, all the workmen who were in service of the Company were to be considered therefor. Applications having been invited for filling up of the said 12 posts, 253 persons applied therefor. A written test was conducted on 18.01.2001. Appellant herein stood first in the written examination. The said written examination was conducted by the Kerala State Productivity Council in terms of the resolution of the Board of Directors of the Company dated 13.06.2000. It is not in dispute that the written test was conducted for eliminating those who had failed to secure the minimum qualifying marks in the written test. It has also not been disputed that out of 253 applicants, only 197 appeared therein. However, keeping in view the total number of posts which were required to be filled up, only 36 candidates who got the highest marks were called for interview, appellant being one of them. It is furthermore not in dispute that after a policy decision was taken to call only those candidates who had come within the zone of three times of the number of posts, the minimum qualification was reduced to 46 marks and 11 more persons were permitted to appear at the interview. It has furthermore not been disputed that 100 marks were fixed both for written test as well as viva-voce.

(3.) Appellant, having not been selected, filed a writ petition, on the premise that Respondent Nos. 4 and 5 were appointed by the company, although not eligible therefor. It had categorically been stated that they were called for interview only one day prior to the holding thereof. It was alleged that the top officers of the Company personally went to the houses of Respondent Nos. 4 and 5 and handed over the appointment orders on 22.05.2001, which was a Sunday. It was also contended that the list of the selected candidates had not been published.