K.K. Birla and Sulochana v. State of Kerala and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ashok Bhushan
A. M. Shaffique
Judgment Date: 2014-10-30
Court Decision / Holding: Writ petitions dismissed; interim order dated 21/08/2014 in WP(C) 20927/2014 vacated.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

K.K. Birla (corrected as K.R. Birla)
Sulochana

Respondents

State of Kerala
The Commissioner and Secretary Scheduled Caste and Scheduled Tribe Development, Government of Kerala
The Special Officer, Palakkad Medical College
Dr. Kiran Thomas
Dr. Reshma Sajan K.K.
Dr. Leena Philipoose

Legal Representation & Advocates

Counsels for Petitioners

• Sri. Binoy Vasudevan
• Smt. P.G. Babitha

Counsels for Respondents

• Smt. Laly Vincent (Spl. Govt. Pleader)
• Sri. K. Jaju Babu
• Smt. M.U. Vijayalakshmi

Case Synopsis & Summary

Two writ petitions (WP(C) Nos. 20927 of 2014 and 21645 of 2014) were heard together seeking to challenge appointments at Palakkad Medical College under the SC/ST Development Society, Kerala. The petitioners, initially K.K. Birla (corrected to K.R. Birla) and Sulochana, alleged that the Special Officer appointed by government order acted without inviting applications or following a proper selection process, and sought quashing of Exhibit P5 and related records. The respondents contended that the petitions are not maintainable as Public Interest Litigations (PIL) in service matters and that the appointments were made after due process, including public advertisements and a selection process. The court underscored the well-settled principle that PILs are generally not maintainable in service matters, citing Hari Bens Lal v. Sahodar Prasad Mahto, Duryodhan Sahu v. Jitendra Kumar Mishra, and Ayaaubkhan Noorkhan Pathan v. State of Maharashtra, reiterating that PIL cannot be used to challenge routine service appointments. The court accepted that material on record showed appointments after due selection and public notice, and concluded that the petitions be dismissed. Consequently, interim relief granted on 21/08/2014 in WP(C) 20927/2014 was vacated. The judgment emphasizes that PILs cannot be a vehicle to collaterally challenge service matters, especially where regular processes were reportedly followed.

Legal Doctrines & Maxims

Public Interest Litigation is not maintainable in service matters

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenged the appointments made by the Special Officer, alleging lack of invited applications and a transparent selection process. They sought quashing of the appointments and related records (Exhibit P5) and contended that the appointments were not made in accordance with proper selection norms.

Contentions of Respondents

The respondents argued that PILs are not maintainable in service matters and that the third respondent conducted due process, including public advertisements and a formal selection process, before appointments. They submitted that the petitions challenge routine governance decisions and should be dismissed on grounds of PIL in service matters as well as sufficiency of evidence of due process.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Hari Bens Lal v. Sahodar Prasad Mahto and others	(2010) 9 SCC 655	Positive	Cited as establishing the proposition that PILs are not maintainable in service matters.
Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra	(1998) 7 SCC 273	Positive	Cited for the same proposition regarding PILs and service matters.
Ayaaubkhan Noorkhan Pathan v. State of Maharashtra	(2012) 4 Suppl. 45 (SC)	Positive	Cited to reaffirm that PILs cannot be used to challenge service matters where due process is alleged to have been followed.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **THURSDAY, THE 30TH DAY OF OCTOBER 2014/8TH KARTHIKA, 1936** ## **WP(C).No. 20927 of 2014 (S)** **----------------------------** ## **PETITIONERS :** **-----------------------** ## **1. K.K.BIRLA (*CORRECTED)** **S/O. LATE RAJAN, AGED 37 YEARS, CHAIRMAN PALAKKAD MEDICAL COLLEGE ACTION COMMITTEE, 10/11 S.N.BUILDING, G.B.ROAD, PALAKKAD - 678 001** **CORRECTED AS** **-------------------------** ## **K.R.BIRLA** **S/O. LATE RAJAN, AGED 37 YEARS, CHAIRMAN PALAKKAD MEDICAL COLLEGE ACTION COMMITTEE, 10/11 S.N.BUILDING, G.B.ROAD, PALAKKAD - 678 001 .** ***INITIAL OF THE IST PETITIONER IS CORRECTED AS PER ORDER IN IA NO. 13376/2014 DATED 29/10/2014.** ## **2. SULOCHANA** **W/O. SUBRAHMANIAN, KUZHIYAKKAD HOUSE,** **KALLEPULLY PO., PALAKKAD - 678 005.** **BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA** ## **RESPONDENTS :** **--------------------------** ## **1. STATE OF KERALA** - **REPRESENTED BY THE PRINCIPAL SECRETAERY TO THE GOVERNMENT SCHEDULED CASTES AND SCHEDULE TRIBE DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.** **2. THE COMMISSIONER AND SECRETARY SCHEDULED CASTE AND SCHEDULE TRIBE DEVELOPMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 033.** **3. THE SPECIAL OFFICER, PALAKKAD MEDICAL COLLEGE, CIVIL STATION PALAKKAD - 678 001.** **...2/-** ## **WP(C).No. 20927 of 2014 (S) -2-** ## ***ADDL. R4 TO R6 IMPLEADED** **-------------------------------------------** - ***4. DR.KIRAN THOMAS** **ASSOCIATE PROFESSOR IN GENERAL MEDICINE GOVERNMENT MEDICAL COLLEGE, PALAKKAD.** ## ***5. DR. RESHMA SAJAN K.K.** **ASSOCIATE PROFESSOR IN OBSTETRICS & GYNAECOLOGY GOVERNMENT MEDICAL COLLGE, PALAKKAD.** ## ***6. DR. LEENA PHILIPOSE** **ASSISTANT PROFESSOR IN DENTISTRY GOVERNMENT MEDICAL COLLEGE, PALAKKAD.** ***ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 30.10.2014 IN IA 12501/14.** **R1 TO R3 BY SPL. GOVT. PLEADER SMT. LALY VINCENT ADDL.R4 TO R6 BY SENIOR ADVOCATE SRI.K.JAJU BABU BY ADV. SMT.M.U.VIJAYALAKSHMI** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-10-2014, ALONG WITH WPC. 21645/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Mn** **...3/-** **WP(C).No. 20927 of 2014 (S) ---------------------------------------** ## **APPENDIX** **PETITIONERS' EXHIBITS : ------------------------------------EXHIBIT P1 : TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 25.06.2014 BEFORE THE FIRST RESPONDENT. EXHIBIT P1(a) : TRUE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2 : TRUE COPY OF THE REPLY ISSUED BY OFFICE OF THE FIRST RESPONDENT TO EXHIBIT P1. EXHIBIT P2(a) : TRUE ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 : TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 27.06.2014. EXHIBIT P3(a) : TRUE ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4 : TRUE COPY OF THE REPLY ISSUED BY THE THIRD RESPONDENT. EXHIBIT P4(a) : TRUE ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5 : TRUE COPY OF THE LIST OF PERSONS WHO WERE APPOINTED BY HIM IN THE MEDICAL COLLEGE. RESPONDENT(S)' EXHIBITS : -----------------------------------------EXT. R3(a) COPY OF THE BYELAW OF THE KERALA STATE SCHEDULED CASTE AND SCHEDULED TRIBE RESIDENTIAL EDUCATIONAL SOCIETY. EXT. R3(b) COPY OF THE GOVERNMENT ORDER NO. 437/13/SCSTDD DATED 23.3.2013. (THE APPOINTMENT OF THE SPECIAL OFFICER) EXT. R3(c) COPY OF THE MINUTES OF THE REVIEW MEETING DATED 13.11.2013. EXT. R3(d) COPY OF THE ADVERTISEMENT IN MALAYALA MANORAMA DAILY DATED 21.12.2013. EXT. R3(e) COPY OF THE ADVERTISEMENT IN HINDU DAILY DATED 17.12.2013. EXT. R3(f) COPY OF THE NORMS OF THE MEDICAL COUNCIL OF INDIA.** **(Contd...)** ## **WP(C).No. 20927 of 2014 (S)** |**EXT. R3(g)**|**COPY OF THE LETTER DATED 29.11.2013 TO THE INSTITUTE OF**| |---|---| ||**MANAGEMENT OF GOVERNMENT ISSUED BY THE SPECIAL**| ||**OFFICER.**| |**EXT. R3(h)**|**COPY OF THE LETTER OF PERMISSION FROM THE**| ||**GOVERNMENT OF INDIA DATED 15.7.2014.**| |**EXT. R3(i)**|**COPY OF THE AFFILIATION CERTIFICATE FROM THE KERALA**| ||**UNIVERSITY OF HEALTH SCIENCE DATED 23.7.2014.**| |**EXT. R3(j)**|**COPY OF THE GUIDELINES GIVEN BY THE MEDICAL COUNCIL**| ||**OF INDIA.**| |**EXT. R3(k)(a)**|**COPY OF THE RANK LIST OF STORE KEEPER CUM CLERKS.**| |**EXT. R3(k)(b)**|**COPY OF THE RANK LIST OF MEDICAL SOCIAL WORKER.**| |**EXT. R3(k)(c)**|**COPY OF THE RANK LIST OF TECHNICIANS/TECHNICAL**| ||**ASSISTANT.**| |**EXT. R3(k)(d)**|**COPY OF THE RANK LIST OF HEALTH INSPECTORS.**| |**EXT. R3(k)(e)**|**COPY OF THE RANK LIST OF PUBLIC HEALTH NURSE.**| ||**//TRUE COPY//**| **P.A. TO JUDGE Mn** **ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.P.C.Nos.20927 of 2014 & 21645 of 2014 ---------------------------------------- Dated this the 30[th] day of October 2014 ## **J U D G M E N T** ## **Ashok Bhushan, Ag.CJ** Heard learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents. 2. These writ petitions have been filed as public interest litigations for the following reliefs: ## _“W.P.C.No.20927/2014_ _i. Issue a Writ of Certiorari or other appropriate writs, orders or directions to call for the records leading up to Exhibit P-5 and also the details of the appointments made by the third respondent and to quash the same._ _ii. Issue a Writ to declare that the third respondent is having no power or authority to make appointments without inviting applications or calling for a list from the Employment Exchange even for temporary basis._ W.P.C.Nos.20927/2014 & 21645/2014 2 _Iii. Issue a Writ of Mandamus to the respondents 1 and 2 to make permanent appointments to the Palakkad Medical College through a selection process at the instance of the Kerala Public Service Commission as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court.”_ ## _W.P.C.No.21645/2014_ _“i. issue a writ of mandamus or other appropriate writ, order or direction directing the 1[st] respondent to quash all the appointments made by the 6[th] respondent in the 2[nd] respondent society and call for the records leading to Exhibit P5._ _ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 4[th] respondent to quash the Exhibit P5, application called for appointments by the 6[th] respondent, in Palakkad Medical College, declare that the same is illegal._ _Iii. Issue a writ of mandamus or other appropriate writ, order or direction directing the 1[st] respondent to take over all the appointments for teaching and non teaching staff in the 2[nd] respondent society for the Palakkad Government Medical College._ _iv. Issue a writ of mandamus or other appropriate writ, order or direction directing the 2[nd] respondent that all the appointments made by the 6[th] respondent in the Palakkad Government Medical_ W.P.C.Nos.20927/2014 & 21645/2014 3 _College is illegal and the same is to be set aside.”_ 3. The Government of Kerala had ordered to establish a new Medical College at Palakkad for the Scheduled Caste/Scheduled Tribe development. The proposed medical college was put under the governance of Scheduled Caste and Scheduled Tribe Residential Educational Society, Kerala which is a registered society for the establishment of medical college. Government provided necessary infrastructure and as per Government order dated 23/03/2013, a Special Officer was appointed for carrying out the process of recruitment of the staff, consequent to the same recruitments were made by the Special Officer. W.P.C.No.20927/2014 has been filed by the petitioners as a public interest litigation praying for quashing the appointments made in the Medical College. 4. The reliefs prayed for in W.P.C.No.21645/2014 has also been quoted above. The learned counsel for the respondents have already filed a Counter affidavit inter alia W.P.C.Nos.20927/2014 & 21645/2014 4 contending that W.P.C.No.20927/2014, as a public interest litigation, may not be entertained since essentially it challenges the appointments made in the medical college which is functioning. Moreover, the said writ petition relates to service matter of those respondents who have already been appointed. Some of the candidates, who have already been appointed and were permitted to be impleaded in this writ petition, submit that by this means of public interest litigation their appointment cannot be challenged. 5. It is well settled law that public interest litigation is not maintainable in service matters. The Apex Court has laid down the said proposition in **Hari Bens Lal v. Sahodar Prasad Mahto and others** _[(2010) 9 SCC 655]_ and **Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra** _[(1998) 7 SCC 273]._ The recent judgment of the Apex Court in **Ayaaubkhan Noorkhan Pathan v. State of Maharashtra** _[2012(4) Suppl.45 (SC)]_ also laid down the same proposition. Hence W.P.C.No.20927/2014 filed in W.P.C.Nos.20927/2014 & 21645/2014 5 public interest challenging the appointments made in the Medical College, cannot be entertained as a Public Interest Litigation. That apart, the 3[rd] respondent has produced materials to indicate that appointments were made after a due selection process and after issuing public notice. In view of the above, these writ petitions are dismissed. Interim order granted on 21/08/2014 in W.P.C.No.20927/2014 is vacated. (sd/-) **(ASHOK BHUSHAN, ACTING CHIEF JUSTICE)** (sd/-) **(A.M.SHAFFIQUE, JUDGE)** jsr ## W.P.C.Nos.20927/2014 & 21645/2014 6 ## W.P.C.Nos.20927/2014 & 21645/2014 7