Sreenivas S. and others v. Travancore Devaswom Board and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940** ## **WP(C).No. 18698 of 2015** ## **PETITIONER/S:** - **1 SREENIVAS S AGED 30 YEARS LOWER DIVISION CLERK, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM GROUP, NEAR FORT HIGH SCHOOL, THIRUVANANTHAPURAM.** - **2 UNNIKRISHNAN NAIR.M.V IIND GRADE SUB GROUP OFFICER, KOOTTAPANA SUB GROUP, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA GROUP, NEAR NEYYATTINKARA KRISHNAN KOVIL, NEYYATTINKARA.** - **3 ARAVIND.S.G. NAIR LOWER DIVISION AUDITOR, OFFICE OF THE FINANCE AND ACCOUNTS OFFICE, TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM.** - **4 P.S.VISHNU, IIND GRADE SUB GROUP OFFICER KAVALAYUR SUB GROUP,** **OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD.** - **5 VALSALA KUMARI, LOWER DIVISION CLERK OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, TRAVONCORE DEVASWOM BOARD, THIRUVANANTHAPURAM.** - **6 S.ARUN, LOWER DIVISION AUDITOR OFFICE OF THE FINANCE AND ACCOUNTS OFFICE, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM.** **WP(C).No. 18698 of 2015** **2** **7 VIMAL KUMAR.S IIND GRADE SUB GROUP OFFICER, AYIROOR SUB GROUP, OFFICE OF THE ASISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VARKALA GROUP, VARKALA.** - **8 V.JAYAKUMAR, IIND GRADE SUB GROUP OFFICER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOLLAM GROUP, KOLLAM.** - **9 HARIKUMAR.G IIND GRADE SUB GROUP OFFICER, ANIRUDHEHWARAM SUB GROUP, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVALLA GROUP, THIRUVALLA.** - **10 SMITHIN.S, LOWER DIVISION AUDITOR OFFICE OF THE ASSISTANT AUDIT, TRAVANCORE DEVASWOM BOARD, KOTTARAKKARA.** - **BY ADVS. SRI.P.RAVINDRAN (SR.) SRI.SREEDHAR RAVINDRAN** ## **RESPONDENT/S:** - **1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM - 695 003.** - **2 THE DEVASWOM COMMISSIONER OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, NATHANCODE, THIRUVANANTHAPURAM - 695 003.** - **3 ABHILASH.P. WATCHER, KAMMATTAM DEVASWOM, PUNNAPURAM SUB GROUP, THIRUVANANTHAPURAM - 695003.** - **4 AJAYAKUMAR.R WATCHER, KAZHAKOOTTAM DEVASWOM, KAZHAKOOTTAM SUB GROUP, ULLOOR GROUP, THIRUVANANTHAPURAM - 695582.** **WP(C).No. 18698 of 2015** **3** **5 JINESH.N, C/O.TRAVANCORE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM - 695 003.** - **6 MEERA P.R., L.D.CLERK** **ASSISTANT DEVASWOM COMMISSIONER OFFICE, ARANMULA GROUP, ARANMULA - 689 533.** - **7 RADHIKA.A,** **L.D.CLERK** **ASSISTANT DEVASWOM COMMISSIONER OFFICE, KOLLAM GROUP, TRAVANCORE DEVASWOM BOARD, ANANDAVALLESWARAM, KOLLAM - 691 523.** - **8 RESHMA.R** **L.D.CLERK, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM 695 003.** **9 SREESANKAR .P.R CONFIDENTIAL ASSISTANT TO DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NATHANCODE, THIRUVANANTHAPURAM - 695 003.** - **10 SYAMKUMAR.S** **C/O.TRAVANCORE DEVASWOM BOARD, REG. NO. 388 DOT 2014, NATHANCODE, THIRUVANANTHAPURAM 695 003.** **BY ADVS.** **SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD SRI.C.UNNIKRISHNAN (KOLLAM) SRI.K.SASIKUMAR, SC, TDB SRI.T.K.AJITH KUMAR, SC, TDB** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 18698 of 2015** **4** ## **JUDGMENT** **The petitioners were appointed as L.D.Clerks on compassionate grounds. They had appeared for a Departmental Test (DOT) pursuant to Ext.P3 notification issued for the year 2014.** **2. The petitioners submitted applications and appeared in the test. It is stated that the candidates were permitted to refer the books. According to them, they had answered the questions without any difficulty and were sure to pass the examination. However, when the results were published there were only 8 candidates who became successful. Petitioners submit that 426 candidates had appeared in the test. Seeing the percentage of pass, petitioners had submitted applications under the Right to Information Act. They were informed as per Ext.P9 letter that there is no procedure of furnishing any answer key. According to petitioners, the Travancore Devaswom Board has** **WP(C).No. 18698 of 2015** **5** **not been conducting the test with due transparency. Petitioners seek to quash Ext.P5 results of the examination on the ground that the same resulted out of arbitrariness. They are also seeking for a direction to revalue their answer papers.** **3. It is their contention that there is no reason for such a low percentage of pass in the test conducted with open book especially when the petitioners are having qualifications more than sufficient to hold the post. It is pointed out that there are several graduates and post graduates among the petitioners, who happened to fail in the test. Pointing out these, petitioner had submitted Ext.P11 representation, in which the request was to revalue the answer papers and to conduct the examinations every six months.** **4. The respondents have filed a counter affidavit denying the allegations and stating that the test was conducted with due transparency and pass in Devaswom Officers Test** **WP(C).No. 18698 of 2015** **6** **is necessary for L.D.Clerks for the purpose of further promotions. The test involves Paper 1 and 2 of Devaswom Officers test, paper 1 and 2 of Maramath test and paper 3 of religious test.** **5. It is stated that the Devaswom Commissioner, who was an IAS Officer, was nominated to set the Devaswom Officers Test papers 1 and 2 for the year 2014 as per Ext.R1(b). The Chief Engineer (General) of Devaswom Board prepared the question paper for Maramath test paper 1 and 2 as per Ext.R1(c). Finance Accounts Officer of the Devaswom Board was nominated for preparing the question paper in DOT Paper II as per Ext.R1(d). Dr.R.Madhudevan Nair and Special Officer for Temple Encyclopedia was nominated for preparing the question paper in DOT Paper III as per Ext.R1(e). It was based on the question papers set by them that the test was conducted on 27[th] and 28[th] June 2014. It is stated that 426 candidates were to appear for the test in different papers. However several candidates** **WP(C).No. 18698 of 2015** **7** **did not appear in the test. It is further stated that answer papers were sent for valuation to those who set the question papers. Answers were evaluated on the basis of the explanation in the concerned manual and answer sheets were valued by the very same persons who set the question papers, who were experts in the respective fields. Therefore no answer key was necessary. Moreover no answer key would be prepared for descriptive type tests and such answer key is prepared if the questions are of objective type. The respondents have stated that the petitioners did not qualify in the test because of their poor performance.** **6. The learned counsel for the petitioners, relying on a number of judgments of this Court and Apex Court including the judgment in** _**Kumari Shrilekha Vidyarthi and others vs. State of UP and others**_ **: (1991) 1 SCC 212 argued that the Travancore Devawom Board, which is coming under the purview of Article 12 is bound to conduct the** **WP(C).No. 18698 of 2015** **8** **test with due transparency and without any arbitrariness.** **7. On the other hand Sri.K.Sasikumar, learned Standing Counsel for the respondent Board argued that the test was conducted in a transparent manner and highly qualified persons have set the question papers and they themselves valued the answer papers in accordance with the procedure prescribed and the petitioners cannot have any rightful claim either for answer key or for revaluation or to set aside the results already published. It is pointed out that open test was conducted allowing the candidates to write the examination, referring to the books and in case the petitioners were not able to answer the questions properly, it reflects nothing but their inability.** **8. The contention raised by the learned counsel for the petitioners is that large number of candidates happened to fail on account of arbitrariness. But it is relevant to note that** **WP(C).No. 18698 of 2015** **9** **the petitioners did not have any complaints regarding arbitrariness when they appeared in the examination. There was no complaint with respect to answer key also till the writ petition was filed after the results were published.** **9. The complaint is with respect to the refusal on the part of the respondents to provide facility for revaluation also. Unless there is a provision provided for re-valuation the petitioner cannot have any right to seek revaluation.** **10. When Ext.P4 question paper shows that question required descriptive type answers, petitioners cannot expect that there should be answer key and just because answer key was not available, petitioners cannot say that examination was conducted in an arbitrary manner. However, 8 candidates got marks sufficient to pass the examination. The petitioners have not alleged any malafides or substantiated any of the allegations.** **WP(C).No. 18698 of 2015** **10** **11. From the counter affidavit, it is seen that well qualified persons have set the question papers and they have valued the papers. Therefore, I find that the contentions raised by the petitioners are without any basis and unsustainable.** **At any rate, it will be open to the Devaswom Board to impart some training to its employees to get themselves equipped to qualify in the departmental tests in case large number of** **candidates are unable to qualify in the departmental tests.** **Accordingly, the writ petition is** **dismissed.** ## **Sd/-** **P.V.ASHA JUDGE** ww/rkc **WP(C).No. 18698 of 2015** **11** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE APPOINTMENT ORDER DATED 2.4.2012 EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 20.3.87 EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 21.5.2014 ISSUED BY THE 1ST RESPONDENT FOR CONDUCT OF TESTS FOR THE YEAR 2014-15 EXHIBIT P3(A) TRUE COPY OF THE DETAILS OF TESTS EXHIBIT P4 TRUE COPY OF THE QUESTION PAPER FOR THE TEST CONDUCTED ON 27.6.2014 EXHIBIT P5 TRUE COPY OF THE LIST PUBLISHED BY THE 1ST RESPONDENT DATED 13.2.2015 EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 7.3.2015 EXHIBIT P7 TRUE COPY OF THE REPLY DATED 18.4.2015 EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 16.2.2015 EXHIBIT P9 TRUE COPY OF THE REPLY DATED 20.4.2015 EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 25.5.2015 EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 7.3.2015 EXHIBIT P12 TRUE COPY OF THE HALL TICKET ISSUED TO THE 1ST PETITIONER IN RESPECT OF THE DEPARTMENTAL TEST. EXHIBIT P13 TRUE COPY OF THE COMMUNICATION OF THE TRAVANCORE DEVASWOM BOARD DATED 21.03.2015.** **WP(C).No. 18698 of 2015** **12** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R1(A) A COPY OF THE LIST SHOWING THE DETAILS OF THE ABOVE TEST.** **EXHIBIT R1(B)** **A COPY OF THE ORDER ROC NO.2338/14/EST.2 DATED 24/5/14 NOMINATING THE DEVASWOM COMMISSIONER TO SET QUESTION PAPERS IN DOT PAPER 1.** **EXHIBIT R1(C)** **A COPY OF THE ORDER NOMINATING THE CHIEF ENGINEER VIDE ROC NO.2338/14/EST.2 DATED 24.05.2015.** **EXHIBIT R1(D) A COPY OF THE NOMINATING THE FINANCE AND ACCOUNTS OFFICER VIDE ROC NO.2338/148/EST.2 DATED 24.05.2014.** **EXHIBIT R1(E) A COPY OF THE ORDER NOMINATING DR.MADUDEVAN NAIR SPECIAL OFFICER TEMPLE ENCYCLOPEDIA VIDE ROC NO.2338/14/EST.2 DATED 24/5/2014.**