PRASANTH RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are with regard to the selection conducted to the post of Member, Kerala State Commission for Protection of Child Rights. The petitioners seek directions to the respondents to prepare a shortlist after considering the applications submitted by the petitioners as well.

(2.) The petitioner in W.P.(C).No.13167 of 2020 claims to have submitted his application in pursuance to Exhibit P1 notification dated 22.3.2020. It is submitted that Exhibit P3 bio-data and application form was submitted by the petitioner on 17.4.2020, while the last date for submission stood extended by Exhibit P2 to 21.4.2020. It is submitted that the 4th respondent has published the list of candidate shortlisted for the post by Exhibit P4. It is submitted by the petitioner that the petitioner was liable to be included in the shortlist and the preparation of shortlist without considering the better claim of the petitioner was completely illegal.

(3.) A statement has been filed on behalf of the 1 st respondent stating that the notification specifically stated that applications were to reach the Secretary to Government in the Social Justice Department of the Government of Kerala on or before 5:00 p.m. on 15.4.2020. It is further stated that owing to the pandemic and the lockdown, the last date fixed for receipt of applications was extended up to 21.4.2020. It is stated that the petitioner had submitted an application on 17.4.2020 along with the copies of proof of his date of birth, degree certificate and certificate of enrollment, but had not submitted any relevant documents or testimonials in support of the qualifications prescribed in Clause II(1) of Exhibit P1 notification. It is stated that the notification specifically provided that candidates should be persons of ability, integrity and should possess the minimum of 10 years of experience in any of the following areas, that is, education, child health, welfare or child development, juvenile justice or care of neglected or marginalized children or children with disabilities, elimination of child labour or children in distress, child psychology or sociology and laws relating to children. It is submitted that the notification specifically stated that the application should be accompanied by testimonials or certificates showing possession of the above qualifications by the applicants. It is stated that 102 applications were received by the 1st respondent by post or through e-mail and 46 candidates were shortlisted by the Commission. 41 persons were interviewed on 15.6.2020, 16.6.2020 and 17.6.2020 and a select list and a shortlist were prepared and duly published vide Ext.P4. It is stated that necessary statutory clearance from the Vigilance Department had been obtained for the select list prepared by the 1st respondent. It is stated that even going by the averments made in the I.A. filed by the petitioner producing Exhibit P5, it is clear that the supporting documents had been sent by post only on 20.4.2020 and were not received by the respondents as on the last date and time fixed for the receipt of such applications. Consequently, the petitioner's name had not been included in the shortlist for the reason that an application complete in all respects had not been received by the respondents as on the last date for submission of applications.