SURESH GEORGE Vs. KOCHI METRO RAIL LTD

JUDGEMENT

(1.) The challenge in this writ petition is against the selection and appointment of the 6th respondent as General Manager (Marketing, Alternate Revenue and Corporate Communications) of the first respondent, Kochi Metro Rail Limited. The essential facts are as under; The first respondent had published Ext.P1 advertisement dtd. 23/9/2020, inviting applications for appointment to various key positions, including that of General Manager (Marketing, Alternate Revenue and Corporate Communications). Ext.P2 is the copy of the notification published in the official website of the first respondent. Relevant portion of the notification is extracted hereunder for easy reference; <FRM>JUDGEMENT_166_LAWS(KER)4_2022_1.html</FRM>

(2.) The petitioner responded to the notification by submitting Ext.P3 application. As the petitioner had the requisite qualification, experience and satisfied the age criterion, he was issued with Ext.P4 call letter for attending the interview scheduled on 2/12/2020. Accordingly, the petitioner appeared for the interview and found that, including himself, only four persons had been shortlisted. According to the petitioner, he had performed exceptionally well in the interview, but sensed something amiss from the bearing and demeanour of some of the members in the Interview Committee.

(3.) While so, appointment to the post of General Manager (HR, Admn and Trg), notified under Ext. P1 itself; was subjected to challenge in WP(C) No.28857 of 2020. The challenge therein was on the premise that the selected candidate did not have the notified educational qualification and experience. The challenge was upheld by Ext.P9 judgment and the Interview Committee was directed to review the credentials and experience of the selected candidate through an exercise of due diligence, particularly with respect to the certificate of experience produced by that candidate. Accordingly, the review was conducted, resulting in Ext.P10 Minutes, cancelling the selection to the post of General Manager (HR, Admn and Trg).