NICKY K XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions relate to the selection and appointment to the post of Scientist E1 in Kerala Forest Research Institute (KFRI) which is an institution under the control of the Kerala State Council for Science, Technology and Environment (hereinafter referred to as the 'Council') and hence disposed of by this common judgment. The parties and documents referred to in this judgment are as described in W.P.(C).No.5663 of 2016 unless expressly specified otherwise.

(2.) W.P.(C) No.5663 of 2016 was filed by Dr.Nicky K.Xavier seeking a direction to the KFRI to consider him for appointment as Scientist-E1 (Wildlife Biology) pursuant to the notification issued on 11.9.2015 and for a declaration that he is fully qualified for submitting the application since he had not crossed 40 years of age as on 10.4.2012, the last date fixed for receipt of application based on the notification issued on 15.03.2012, since the notification permitted those who submitted application earlier to update their credentials.

(3.) It is stated that he has passed M.Sc in Wildlife Science with 1st class and Ph.D holder in Zoology with research experience in various fields. Exts.P1 to P22 are his testimonials with respect to his qualifications. It is stated that while he was working as Principal Investigator in KFRI for the period from 20.04.2009 onwards on temporary basis, the KFRI issued notification Ext.P23 on 15.03.2012 inviting applications for appointment to the posts of Scientist-B and Scientist-E1 in various disciplines offering CSIR scale of pay. 12 vacancies of Scientist-B and 5 vacancies of Scientist-E1 were notified. Sl.No.13 to 17 were of vacancies of Scientist-E1 in (1) Genetics and Tree Breeding (2)Remote Sensing (3) Forest Botany (4) Wildlife Biology and (5)Forest Pathology. Age limit was prescribed as 35 years for Scientist-B and 40 years for Scientist-E1 providing relaxation in age limit to internal candidates and to those belonging SC/ST/OBC as per the Kerala Government Rules. It was provided that community reservations for the positions would also be as per the Kerala Government Rules. Last date fixed was 10.04.2012.