LAWS(KER)-2002-4-6

JINU K PAUL Vs. RUBBER BOARD

Decided On April 10, 2002
JINU K. PAUL Appellant
V/S
RUBBER BOARD AND OTHERS Respondents

JUDGEMENT

(1.) The petitioners, two in number, are aggrieved that though they applied for selection and appointment as Field Attenders in the Rubber Board, Kottayam, and were sponsored by the Employment Exchange, they were not selected. The petitioners, two in number, are aggrieved that though they applied for selection and appointment as Field Attenders in the Rubber Board, Kottayam, and were sponsored by the Employment Exchange, they were not selected.

(2.) Sri. K. Gopalakrishna Kurup, who appeared for the petitioners, submitted that the entire selection process was stage-managed in such a way that the selection would go only to the Rubber Board's temporary workmen and their relatives and that it was done in an arbitrary manner. It is pointed out that though 18 candidates were sponsored by the Employment Exchange, none was selected from among them. The select list actually includes 3 persons from one and same family. The ranking system was conceived in such a manner that only the persons in whom the selectors were interested would get into the select list. This was done by prescribing that the total marks shall be 60 out of which 25 is go for experience; 20 for written test and 15 for interview. In fact, the Notification inviting applications had not mentioned anything about any written test or about the way in which marks would be allotted for interview, experience or written test. Yet another submission is that even though the written test was held on 18th and 19th December, 1996, the question paper used was one and the same which enabled the persons who appeared for the test on the second day to come ready for giving the answers fully knowing what the questions in the written test would be. It is therefore alleged that there has not been any bona fide selection process and that the selection made violates Articles 14 and 16 of the Constitution of India.

(3.) The learned standing Counsel for the Rubber Board Sri. Siri Jagan submitted that there is no mala fides in the selection process. The selection was done by giving marks strictly in accordance with the scheme and the Board cannot be blamed if the petitioners could not get through.