CHANDRI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who has passed Pre-Degree, registered with the Employment Exchange, Kasaragod. She was sponsored for the post of Part Time Sweeper in the office of the 2nd respondent. However, when select list was published, her name was excluded. She filed complaints and in Exts.P3 and P5 communications issued by the 2nd respondent, it is stated that the candidates selected were more meritorious than the petitioner. It is also stated that by virtue of Circular No. 13138/F2/H and FWD dated 24.05.2005, it has been directed that in the post of Part Time Sweepers, those who have SSLC or higher qualification shall not be appointed. It is aggrieved by Exts.P3 and P5 communications that this Writ Petition has been filed.

(2.) Learned Counsel for the petitioner submits that so long as the Kerala Part Time Contingent Service Rules do not contain a limitation that those who have passed SSLC or higher qualification shall not be appointed, circulars in the nature of one mentioned in Exts.P3 and P5 communications could not have deprived the petitioner of her entitlement to be considered for appointment.

(3.) Exts.P3 and P5 show that in the selection in question, candidates selected were more meritorious than the petitioner and therefore, the selection as such does not call for interference. However, if the interpretation given in the circular dated 24/05/2005 is accepted that will deprive the petitioner of her chances for being considered for the post again in future and therefore, it is necessary to clarify that position for the said purpose alone.