KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Kerala Agro Industries Corporation 2nd respondent in the writ petition invited on 6-5-1981 applications for the appointment for the post of Production Assistants. The qualifications and experience for the post were: B. Sc. (Food Technology) or B. Sc. Degree with Certificate in Fruit and Vegetable processing; 2 years' experience in Fruit and Vegetable processing preferably in a cannery processing pineapple products. The applications were to reach the Corporation within 15 days of the publication of the notification. There were many applicants. The petitioner was one among them. So too was the 4th respondent. Interview was fixed on 17-9-1981. The candidates were to produce at the time of the interview original records with proof of age, qualification, experience etc Fifteen candidates were so interviewed. The rank list prepared was to enure for a period of two years, that is up to 17-9-1983. Ranks Nos. 1 and 2 went to one Baby Sarojam and Krishnakumar. The 4th respondent got the 3rd rank and the petitioner, the 4th.

(2.) Krishnakumar got appointment initially as Chemist. Later under Ext. R4-A dated 19-12-1981 he was permitted to go over to the post of Production Assistant. It was thereafter that under Ext. R4-B dated 2-7-1982 that the 4th respondent was appointed as Production Assistant. The penultimate paragraph of the appointment order stated:

(3.) According to the petitioner, the 4th respondent was not entitled to be appointed to the post. One reason for saying so was the allegation of the petitioner that the 4th respondent was not possessed of the prescribed experience. And the second one was his omission to produce certificate of experience at the time of the interview. It is claimed that the petitioner "made personal representations on this matter to the 2nd respondent and to the then Minister for Agriculture." The allegation continues: ''Both of them promised to look into the matter and do the needful immediately. But nothing has been done till now."