LIJI A.S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had applied for the post of Accountant-cum-Data Entry Operator notified by the Annamanada Grama Panchayat under the MNREGS. After interview, The petitioner was ranked No. 1 in Ext.P2 list. In the Panchayat committee meeting held on 11/9/2020, appointment to the notified post was considered. Nine members, including the Vice President, were against appointing the petitioner(1st rank holder) for the reason that her place of residence is not within Annamanada Grama Panchayat. According to the petitioner, the dubious intention behind the dissent is to ensure appointment for one Anumol Babu, who, from among the applicants, is the only resident of Annamanada Grama Panchayat, but had scored the least marks. The writ petition is filed seeking to quash Ext.P3 resolution as arbitrary and unconstitutional and to declare the petitioner's entitlement for appointment, based on her position in Ext.P2 rank list. Pending the writ petition, the Annamanada Grama Panchayat decided not to effect appointment to the post of Accountant-cum-Data Entry Operator for the time being, as there are no pending works. Thereupon, the petitioner amended the writ petition by incorporating a prayer to quash the decision (Ext.P6) dtd. 17/2/2022.

(2.) Adv.Thulasi K.Raj, learned Counsel for the petitioner, contended that the Panchayat Committee had taken Ext.P6 decision to defeat the petitioner's chance of appointment and to avoid a decision on merits by this Court. It is contended that the Panchayat is bound to appoint the petitioner based on her rank and the decision not to appoint persons from outside the Panchayat militates against the constitutional guarantee under Article 16. Moreover, in Ext.P1, there isno mention in Ext.P1 notification that only persons from Annamanada will be considered for appointment or that preference will be given to persons residing in the Panchayat. Hence, the attempt of the Panchayat Committee is to change the rules after selection. Even otherwise Ext.P3 will not stand the scrutiny when tested on the touchstone of Articles 16 of the Constitution of India.

(3.) According to Advocate O.D.Sivadas, learned Counsel appearing for Annamanada Grama Panchayat, the question whether the Panchayat Committee could have denied appointment to persons from outside Annamanada is not relevant now, since the Panchayat had decided not to fill up the post of Accountant-cum-Data Entry operator for the present. The petitioner has no indefeasible right to appointment, for reason of her inclusion in the rank list. The Panchayat doesn't need the service of an Accountant-cum-Data entry operator at present and the petitioner can participate in the selection, if and when a fresh notification is issued.