SHINY GEORGE Vs. PROJECT DIRECTOR

JUDGEMENT

(1.) While working as Counsellor at Integrated Counselling and Testing Centre, Kalpetta, the petitioner responded to a notification issued by the first respondent inviting applications for appointment of Counsellors on contract basis for one year. After the selection process, a ranked list was drawn up, in which the petitioner was included as rank No.9 for Wayanad District. The petitioner's grievance in this writ petition is that persons, who do not have the qualifications prescribed for the post, have been included in the list, as a result of which the petitioner who possess all the required qualifications would not get appointment. On 2.6.2010, this Court passed the following interim order:

(2.) I am of opinion that even if there are vacancies, when notification has been issued with specific qualifications, persons not having the required qualifications cannot be considered for selection. In any event when the petitioner had all the required qualifications, unqualified persons could not have been appointed before appointing the petitioner. It is admitted before me that the petitioner does have the qualifications and if the unqualified persons are excluded from the ranked list, the petitioner would get appointment. In the above circumstances, I am of opinion that respondents 1 and 2 are bound to appoint the petitioner.

(3.) Accordingly, there would be a direction to respondents 1 and 2 to give the appointment to the petitioner pursuant to the selection process within one week from today. As far as the others are concerned, it would be open to respondents 1 and 2 to make fresh selection in accordance with law. In so far as it is only a contractual appointment for a period of one year, for that period, the other persons from the ranked list may be appointed. However, they shall not be continued beyond the contract period under any circumstances. The writ petition is disposed of as above.