Sukesh C.K. v. The Principal Secretary, Industries Department, Government of Kerala, SIDCO and others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939 WP(C).No. 3756 of 2016** ## **PETITIONER(S)** **SUKESH C.K., AGED 28 YEARS, S/O.KRISHNAN, RAMATH KANDI, THIRUVALLUR, VADAKARA, KOZHIKODE-673 541.** **BY SRI.K.JAJU BABU, SENIOR ADVOCATE ADVS.SRI.SANTHARAM.P** **SMT.REKHA ARAVIND** ## **RESPONDENT(S):** **1. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. PIN-695 001.** **2. MANAGING DIRECTOR, KERALA SMALL SCALE INDUSTRIAL DEVELOPMENT** **CORPORATION(SIDCO), P.B.NO.50, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN-695 001.** **3. ASHA LETHA T.P., AVIZHAM, OLATHANNI, NEYYATTINKARA.P.O., THIRUVANANTHAPURAM-695 121.** **4. RENEESH K.R., KANDATHIVELIYIL HOUSE, POOTHOTTA.P.O., ERNAKULAM-682 307.** **5. REFEEK.A, VADAKKEKANJIRATHENGIL, KUNDUNON, VELICHIKKALA.P.O., KOLLAM-691 573.** **6. R.VIJAYA LEKSHMI, TC.38/2890, PAZHAYASALA ROAD, KILLIPPALAM, CHALA.P.O., THIRUVANANTHAPURAM-695 036.** **7. ERSHAD.M, ERSHADIYA COTTEGE, KADAPPAKKADA.P.O., TOWN LIMIT, KOLLAM-691 008.** **8. RASHEEDA A.E., ARANTIPARAMBIL HOUSE, TOLL GATE ROAD, VADUTHALA, KOCHI-682 023.** **..2/-** **..2..** ## **WP(C).No. 3756 of 2016** **9. ANILKUMAR G., THAZHATHU CHEPPATTIL VEEDU, CHAKKUVARACKKAL.P.O., KUNNICODE VIA, KOLLAM-691 508.** **10. NIXON.S, ST.ANTONY BHAVAN, CHAVARA SOUTH.P.O., THEKKUMBHAGOM, KOLLAM-691 584.** **11. VIPIN KUMAR V., PARAMESWARATH, KATTACHIRA, PALLICKKAL.P.O., TVM, PIN-695 001.** **12. SAHIJOO.G,** - **TC 38/344, SCRA 20, SREECHITHRA ROAD, VALIYASALA, CHALAI.P.O., TVM, PIN-695 001.** **13. AJIN V.S., KOTTARAMVILAKOM, VENJARAMOODU, VENJARAMOODU.P.O., TVM, PIN-695 607.** **14. ANEESHA A.J., ANEESH BHAVAN, INCHAKKADUMULOM.P.O., KOTTARAKKARA, KOLLAM-691 560.** **15. BUSHARA S.H., TC 43/726, HOUSE NO.21, POURNAMI NAGAR, KALLATTUMUKKU, MANAKKAD.P.O., TVM, PIN-695 009.** **16. ANEESH KUMAR V.V., BAIJU BHAVAN, PULLATTUKARI, KAZHAKUTTOM,** - **TVM, PIN-695 582.** **17. VIMAL KUMAR C.P.,** - **BHARANI, PANGAPPARA.P.O., TVM, PIN-695 581.** **18. MUHAMMED RASHEED.C,** - **CHENGATH HOUSE, NOTTANALAKKAL, OTHUKKUNGAL.P.O., MALAPPURAM-676 528.** **19. SUBAH BABU.S,** - **TC 64/477, VASANTHALAYAM, EDAGRAMAM, KARUMOM.P.O., TVM, PIN-695 002.** **20. GIRISH.V,** - **MANOGIRI HOUSE, MULLUVILA AZHAMAL, PAPPANAMCODE.P.O., TVM, PIN-695 018.** **21. APARNA.V,** - **THIRUTHIYATTU HOUSE, PARUTHIPARA, FEROOQUE COLLEGE, KOZHIKODE-673 632.** **22. SAJEEV.V,** - **SEETHA MANDIRAM, NEAR KUNNIL MATHA CHURCH, KESAVADASAPURAM, PATTOM.P.O.-695 004.** **..3/-** **..3..** ## **WP(C).No. 3756 of 2016** **23. ANOOP V.S., V.S.HOUSE, TC 51/1461, SATHYAN NAGAR, ESTATE.P.O., TVM, PIN-695 019. 24. BIJU FELIX, PUTHENPURA, VELLIMON WEST.P.O., KOLLAM-691 511. 25. ANOOP CHANDRAN C.S., RAJEEV BHAVAN, ARTHALA, PAPPAD, NETTAYAM.P.O., TVM, PIN-695 013.** **26. SHANOJ.V, VADAKKETHODY HOUSE, NELLIPARAMBU, MULLAMPARA, MANJERI.P.O., MALAPPURAM-676 121.** **27. MAXIN DAS.D, C/O.MABEL THANGOM, GRACE GARDENS, POTTAKULAM, KANJIRAMKULAM.P.O., TVM, PIN-695 575.** **28. FAIZ M.S K.V.HOUSE, POOVACHAL.P.O., THIRUVANANTHAPURAM. PIN-695 575. 29. ABDUL SAMMED.P, BAITHUNOOR.P.O., EDAYOOR NORTH, VALANCHERY, MALAPPURAM, PIN-676 001.** **30. SUBHEESH M.S., MUTHADASSERIYIL HOUSE, MALLIYANKARA.P.O., NORTH PARAVOOR, ERNAKULAM-683 516.** **31. GOPALA KRISHNAN K.B., KOZHIKKATTU HOUSE, MUTHRATHIKKARA, PARAMBOKARA.P.O., THRISSUR-680 310.** **32. DIPU KUMAR.S, DEEPA NIVAS, KOOTTUPATHA, MUNDOOR.P.O., PALAKKAD-678 592. 33. NASEEBKHAN M.M., VARIKKAPPALLY HOUSE, SHAHIDAR MOSQUE, KAYAMKULAM.P.O., ALAPPUZHA-690 502.** **34. KAMAL RAJ.V., BSRA M-9, PETTAH.P.O., TVM, PIN-695 024. 35. JAYARAJ.K., T.K.BUNGLOW, MOTTAKKAL, THEVALAKKARA.P.O., KOLLAM-690 524.** **36. HIRAN V.S., VILAYIL VEEDU, PERAYAM, UMAYANALLOOR.P.O., KOLLAM-691 589. 37. ABDUL MALIK PUNAKKATH, PUNNAKKATH HOUSE, CHEROOR.P.O., VENGARA VIA, MALAPPURAM-676 304.** **..4/-** **..4..** ## **WP(C).No. 3756 of 2016** **38. SAKKARIA K.K., KANNATHIL HOUSE, KUTTOOR NORTH.P.O., ARANAGAR, MALAPPURAM, PIN-676 001.** ## **39. SREE VIDHYA O.B.,** **VYSHNAVAM, KP 11/726(A), KUSAVARKKAL, MUKKOLA.P.O., TVM, PIN-695 043.** **40. SANTHOSH KUMAR G.L., PERINGOTTUKONAM, KIZHAKKINKARA PUTHENVEEDU, VADAKKODE, PERUMPAZHUTHOOR, NEYYATTINKARA.P.O., TVM, PIN-695 001.** ## **41. P.E.SHAJITHA,** - **W/O.MOIDEEN, PALLIPURATHIL HOUSE, KARA.P.O., KATHIYALAM-680 671.** **42. JOJIMON JOSEPH,** - **PUTHEN PARAMBIL, GANDHI NAGAR.P.O., KOTTAYAM-686 008.** **43. SHANA.K,** **SAJESH NIVAS, PANTAKKAL MAHI, PUTHUCHERRY STATE-673 310.** **44. RAJITH K.K.,** **KALYANI BHAVAN, THALAYAZHAM.P.O., VAIKKOM, KOTTAYAM-686 607.** **45. JITHESH K.P., KATTUPUTHOOR HOUSE, NEAR GANGA ICE PLANT, BAIPOOR.P.O., KOZHIKODE-673 015.** **46. PADMA P.R.,** **SREERAGAM, CHETTAKKADU, KANINADA.P.O., PANGODE, KALLARA-695 609.** **47. ASBAL BABU N.V., CENTRAL HIGH SCHOOL CAMPUS, ATTAKULANGARA.P.O., TVM, PIN-695 036.** **48. ABOOBACKER.M, MADATHIL HOUSE, UPPUKULAM.P.O., PALAKKAD-678 601.** **49. DHANEESH K.T., DHANYA NIVAS, ANAKUZHY, POONKULAM, VELLAYANI.P.O., TVM, PIN-695 522.** **50. MANU M.R., MANU BHAVAN, CHENAVILA ARADI KUNNATHUKAL.P.O., TVM, PIN-695 504.** **51. ANWER SADATH K.L., ANWER NIVAS, KOLLAVILAKOM, CHEERANIKKARA.P.O., VEMBAYAM, TVM, PIN-695 615.** **52. ARUN A.J., ARUNIMA, ERUMAKKAVU, VALIYAKADA, CHIRATINKIZH, TVM, PIN-695 304.** **..5/-** **..5..** ## **WP(C).No. 3756 of 2016** **53. SHAMEES.S, KALLORAYATTU, PADINJATTINKARA.P.O., THEVALKKARA, TVM, PIN-695 524.** **54. ANIL KUMAR.S, PALATHODI VEEDU, MURUKKUMPUZHA.P.O., TVM, PIN-695 302.** **55. SHEBIN N.S., VALIYAVILA PUTHEN VEEDU, TOLL JUNCTION, CHULLIMANOOR.P.O., NEDUMANGADU, TVM, PIN-695 541.** **56. DHANYA B.R.,** **DHANYA LEKSHMI, PANDAKASALA, CHIRAYINKEESHU.P.O., TVM, PIN-695 304.** ## **57. UDAYASREE.R,** **SREE BHADRA, KARAKKOTTUKONAM, PEYAD.P.O., TVM, PIN-695 523.** ## **58. FAKRUDHEEN AHAMED K.C.,** **KUNNATHUCHALI HOUSE, THERATTAMMAL, URANGATTIRI.P.O., AREACODE, MALAPPURAM-673 639.** ## **59. VIJAYENDRA SINGH.V.,** **KARAKKODE, THOLIKKADAVU HOUSE, KULATHOOR, UCHAKKADA.P.O., PIN-695 506.** ## **60. AJI.P,** **MANJAPPA, THADATHARIKATHU VEEDU, PANTHALAKKODE.P.O., VATTAPARA, TVM, PIN-695 028.** ## **61. YOOSUF.V,** **VELLODATHIL HOUSE, BEACH ROAD.P.O., KADALUNDY, VAKKADAVU, KOZHIKODE-673 302.** **62. BINI V.K., VINAYAKTHONGAL, NELLIMOODU.P.O., TVM, PIN-695 024.** **63. ANIL KUMAR.T, AVITTOMTHARA, THALAZHASSERY, CHAKKAI, TVM, PIN-695 024.** ## **64. SHEELA.N,** **KOPPACHIVILAKATHU VEEDU, PALOTTUVILA, MALAYINKEEZHU.P.O., PIN-695 571.** ## **65. SUHAIL.V,** **VALLIYENGAL HOUSE, THENJIPPALAM.P.O., MALAPPURAM-673 636.** ## **66. SUNIL KUMAR.E,** **ELIMANAPARAMBIL HOUSE, MARATTAPPADY, VALLUVANKADU.P.O., MALAPPURAM-676 521.** **..6/-** **..6..** ## **WP(C).No. 3756 of 2016** ## **67. ELSY SAMUEL** - **PARANGIMAMOOTIL, NELLIMOODU, KULTHPUZHA.P.O., KOLLAM-691 316.** ## **68. MOHAMMED MUSTHAFA.P,** **PUTHENPEEDIKA HOUSE, KOMPAMKALLU, PATHIRIKKODU.P.O., MELATHOOR, MALAPPURAM-679 326.** ## **69. FAISAL.K,** **KAVUNGAL THAYATHEEL HOUSE, IRIMBUCHOLA, A.R.NAGAR.P.O., MALAPPURAM-676 305.** ## **70. JUSTIN RAJ.M,** - **PARUTHEEYAN MANNADI PUTHEN VEEDU, KACHANPAZHINJI,** **TVM, PIN-695 525.** ## **71. RASEENA.A,** **BISMILLA HOUSE, CHANDANATHOPPU.P.O., KOLLAM-691 014.** **72. DINESH.K.P.,** - **KARADIPARAMBATHU HOUSE, NADUVATHOOR.P.O.,** **NAMBRATHKARA, KOYILANDY, KOZHIKODE-673 620.** **73. ADIL SHA MON M.J.,** - **TC 48/141,(20) HOUSE NO.108, AMBALATHARA, POONTHURA.P.O., PIN-695 026.** **74. SURESH.K,** - **SOPANA BHAVAN, NEHRU JN., KAZHAKKUTTOM,** **TVM, PIN-695 582.** **75. BEENA KUMARY.S,** **NASTHIKAM, AMACHAL.P.O., TVM, PIN-695 572.** **76. ANIL KUMAR K.N.,** **KARATHU HOUSE, THEKKUM BHAGOM, THRIPPUNITHURA, PIN-682 301.** **77. THAHA KHAN K.S., MULLANVILA PUTHEN VEEDU, NORTH MILAKKADAVU, KANNANALLOOR.P.O., KOLLAM-691 576.** **78. REZI.A., TC 48/305(5), PARUTHIKUZHI, POONTHURA.P.O., TVM, PIN-695 026.** **79. AL-IRFAN.A.HALIM, HB BUNGLOW, KANIYAPURAM.P.O., TVM-695 301.** **80. MOHANAN V.K.,. VARIYAMPURATHU HOUSE, NADAAMA, THRIPPUNITHURA, ERNAKULAM-682 301.** ## **81. RENJITH.S,** **RETNA VILASOM, CHUZHATTUKOTTA, MALAYAM.P.O., MALAYINKEEZHU, TVM, PIN-695 571.** **..7/-** **..7..** ## **WP(C).No. 3756 of 2016** **82. SUNIL KUMAR.J., VADAKE NEDIYAKALA VEEDU, KANJIRAMKULAM.P.O., PIN-695 524.** **83. ABHINAD G.R., TC 10/564/2, ABHIRIGI, ABHAYANAGAR, PEROORKADA.P.O., TVM, PIN-695 015.** **84. SACHIN KUMAR G.S.,** - **KAVILKADAVIL, ARATTUPUZHA NORTH.P.O., ALAPPUZHA, PIN-688 001.** **85. ANJANA G.S., KAILAS, TC 17/630/1, VRA NO.134, PATHIRAPPALLY LANE, POOJAPPURA.P.O., TVM, PIN-695 012.** **86. MUTHU.V.,** - **PULARI, KAMUKUMCHERY, AVANEESWARAM.P.O., PIN-691 508.** **87. RIYA REJI, KOKKATTIL HOUSE, KALLETTINKARA.P.O., THAZHEKKADU, THRISSUR-680 683.** **88. NOORIL HUDA.P.,** - **265, OURNAMI NAGAR, KALATTUMUKKU, MANAKKADU.P.O.,** **89. ABDUL JASEER.A, JAZEER MANZIL, KAIPPADY, VENCODE.P.O., VATTAPPARA VIA, TVM, PIN-695 028.** **90. VIJITH KUMAR M.V.,** - **MUTHUKYIL HOUSE, PANANCADU.P.O., COCHIN, PIN-682 003.** **91. VIPIN KUMAR K., USHA BHAVAN, PARASUVAIKAL.P.O., PARASSALA-695 508.** **92. KRISHNA KUMAR G.L., KRISHNA VILASOM, KARAKULAM VIA, ARUVIKKARA.P.O., TVM, PIN-695 564.** **93. BINDHU.L., ANJANEYA, TC 13/952, KANNAMMOOLA MC P.O., TVM, PIN-695 001.** **94. UNNIKUTTAN.S,** - **TC 50/676(3), ASARIVILAKAOM, KULATHARA, KALADY, KARAMANA.P.O., PIN-695 002.** **95. MUHAMMED SIYAD.S.,** - **KILITHATTIL VEEDU, UMAYANALLOOR.P.O., KOLLAM-691 589.** **96. SHAJI.T., MEENOTTUKAVU VEEDU, PONVILA, AYIRA.P.O., PIN-695 502.** **97. JYOTHIRMAYI DEVI P.D., CORPORATION STAFF QUARTERS, MUNDACKAL, KOLLAM-691 001.** **..8/-** **..8..** ## **WP(C).No. 3756 of 2016** ## **98. SHYMA.S.,** **LEEGUE MANZIL, TC 35/525, PD NAGAR, VALLAKKADAVU.P.O., PIN-695 008.** ## **99. AZEENA.R.,** **TC 71/2201, (OLD) TC 35/588, PD NAGAR, VALLAKKADAVU, TVM, PIN-695 008.** ## **100. LASINA.C.,** **ROHINI HOUSE, CHAKKIARPOIN, KOOTHALY.P.O., PERAMBRA, KOZHIKODE-673 525.** ## **101. SAIFER KHAN S.S.,** **SAINA MANZIL, BOUNDER JN., KOCHUVILA.P.O., PERINGAMALA, TVM, PIN-695 563.** ## **102. SAYED MUNAWAR THANGAL M.P.,** **MANGADOM, PUTHIYAKATHU HOUSE, PONNANI, OPP. RB HALL, PONNANI-679 583.** ## **103. BAIJU.D.,** **SREEKRISHNA BVILASAM, PZHUMTHURUTHU, PERUMON.P.O., PIN-691 601.** **104. ABDUL ASSIZ A.S., ANAKULANGARA HOUSE, KODIKULAM.P.O., KALIYAR, IDUKKI-685 607.** **105. SANTHOSH KUMAR.K., KOMATHARAYIL HOUSE, VERRIYOAR.P.O., MAVELIKKARA, ALAPPUZHA, PIN-688 001.** **106. PRAVEEN RAJ D.S., ARADHANA, THAVARA VILLA, CHAIKOOTTUKONAM.P.O., TVM, PIN-695 122.** **107. UMARDEEN.A, ANZARI MANZIL, MANCHANATHI VILA, VAZHOTTUKONAM, VATTIYOORKAVU.P.O., TVM, PIN-695 013.** **108. SAJU K.R., KRISHNA KORAMBAYIL, KARAPPURAM.P.O., MALAPPURAM-679 331.** **109. JISHOR T.S., THOPPIL HOUSE, EDAPPALLY NORTH AIMS, PONNEKKARA, KOCHI-682 040.** **110. MOHAMMED SUDHEER, TC 43/66(1), SUDHEER MANZIL, THOTTAM, MANACAUD.P.O., TVM, PIN-695 009.** **111. R.VELAYUDHAN PILLAI, TC 38/2771, PAZHAYASALA, CHALAI.P.O., TVM, PIN-695 036.** **112. ABOOBACKER SIDHEEQUE, CHEERANGAN, KARATHODE(H), URAKKAMMELMURI, MALAPPURAM-676 519.** **..9/-** **..9..** ## **WP(C).No. 3756 of 2016** **113. UMESH.B., KEERTHANAM, PANCHAVADI, MULLOOR.P.O., VIZHINJAM, TVM, PIN-695 521.** **114. AKBARALI.P., PAIKKANPAL HOUSE, PARAYIL, PARAPPOOR.P.O., KOTTAKKAL VIA, MALAPPURAM-676 503.** **115. ANEESH MON S.R., KOUSTHUBHAM MULARI VILA, NEYYATTINKARA.P.O., TVM, PIN-695 126.** **116. SADIKALI.K., KOLLAMTHADATHIL HOUSE, MUTTIPALAM, ULLADAMKUNNU, MANJERI.P.O., MALAPPURAM-676 121.** **117. MUHAMMED.P., PARASSERRY(H), UDARAMPOYIL.P.O., PULLAMCODE-676 525.** ## **118. K.K.MAHENDRA NATH,** **KUNNATHUVILAKATHU VEEDU, MAVARATHALAKONAM, MEDICAL COLLEGE.P.O., TVM, PIN-695 011.** ## **119. MURALI.V.,** **TC 64/1235, PADINJARE KARUMAM, PURA VEEDU, KARIMAM.P.O., TVM, PIN-695 002.** **120. SHEEJA BEEGUM.J, PRA 49, TC 49/279(1), DARUSALAM, KAMALESWARAM, MANACAUD.P.O., TVM, PIN-695 009.** **121. SREEYESH.N.P., NALLAPURACKAL HOUSE, RARUVISSERY.P.O., CALICUT-673 010.** **122. ANEESHA.P., KOCHULIKARAVILA, CHATHINNAMKULAM, CHANDANATHOPPU-691 014.** **123. ROSAPPAN T.O., THAIPARAMBIL VEEDU, KALATHUKAL, KARAKULAM-695 564.** **124. ANURAJ.R., TVC 10/830(4), SREEVIGNESWARAM, EDAKKULAM, MANNAMMOOLA, PEROORKADA, TVM, PIN-695 005.** **125. PRAVEEN.P., YAZHOTTUVILA VEEDU, NADOORKOLLAA, AMARAVILA.P.O., PIN-698 122.** **126. M.SATHIC, THUNDAVILAKATHU VEEDU, KALLUMOODU, TVM, PIN-695 021.** **127. MOHAMMED MUHASIN.T., THOOMPATH HOUSE, VALIYANGADI, DOWNHILL.P.O., MALAPPURAM-676 519.** **..10/-** **..10..** ## **WP(C).No. 3756 of 2016** **128. PRAVEEN KUMAR P.K., THACHOTHKANDI HOUSE, IYYAD.P.O., UNNIKULAM VIA, KOZHIKODE-653 574.** **129. SINOSH P.S., PUTHENPURACKAL HOUSE, ARIMANAL.P.O., KALIKKAVU, MALAPPURAM-676 525.** **130. UNNI KRISHNAN NAIR R.V., LEKSHMI VILASOM, PURAVOORKONAM, KARUKULAM.P.O., PIN-676 001.** ## **131. KAIRALI.T.,** **SANTHINILAYAM, NEAR SN TEMPLE, RAMANTHALI.P.O., PAYYANNOOR, KANNUR-670 308.** **132. MUHAMED ROSHAN, THACHIRUKUDY HOUSE, KONCHASERRY.P.O., PERUMBAVOOR, EKM-673 547.** **133. PREM CHAND.S., PREMASADANAM, MEZHUVELI.P.O., PATHANAMTHITTA-659 507.** **134. KRISHNA KUMAR S.S., SREE SAILAM, NJANDOORKONAM, AYIROOLPPARA.P.O., PIN-695 584.** ## **135. KUNJU MOL.B.,** **OOLASSERRY VEEDU, KUNNAMKEERI.P.O., ALAPPUZHA-686 102.** **136. VINOD P.V., DEVAPURAVILAKAM, TC 31/100, CHACKAI, KSEB JN., TVM, PIN-695 024.** **137. M.P.FAISAL, PARAKKANDI HOUSE, VALLIKKUNNU NORTH.P.O., KADALUNOYNAGARAM-673 314.** **138. AYOOB KHAN A.K., TC 70/1508, BEEMAPALLY, VALLAKADAVU.P.O.** **139. SABU SELVAN, SAJU BHAVAN, PIRAYIL PEYAD.P.O., PIN-695 573.** **140. SHAHIDA.S., 42/508, RAJEEV NAGAR, GOVT. QUARTERS, MELARANNOOR, KRAMANA.P.O., TVM, PIN-695 002.** **141. GIRISH KUMAR K.P., S/O.PZHANIYAPPAN, MANALIPATTA HOUSE, VELLIKKAD.P.O., MUNDOOR, PALAKKAD-678 592.** **142. SIJARUDHEEN MODIBU V.M., HILLTOP ROAD, MANJERI COLLEGE, MALAPPURAM-676 122.** **143. VIPIN.V., SOUPARNIKA, SREEKUMARAPURAM NAGAR, NO.47, MANGAD.P.O., KOLLAM-691 015.** **..11/-** **..11..** ## **WP(C).No. 3756 of 2016** **144. NOUFAL AREEKKADAN, KORATTIYIL HOUSE, PUKAYOOR, OLAKKARA.P.O., THIRURANGADI VIA, MALAPPURAM-676 307.** **145. MANU M.S., MUTTEL LEKSHAM VEEDU, PULIKKUTTISSERY.P.O., KOTTAYAM-686 015.** ## **146. LIGI SIJO,** **W/O.SIJO JOSEPH, KARUMALICAL HOUSE, KALLETTUMKARA.P.O., THRISSUR-680 683.** ## **147. NAVAS P.H.,** **PARAKKAL HOUSE, KURVAMOOZHY.P.O., NJANGALLOOR, YERUMELI VIA, KOTTAYAM-686 509.** ## **148. SYAM KUMAR R.T.,** **TC 21/818, KEEZHEMANGATTUKONAM, NEDUMCAUD, KARAMANA.P.O., TVM, PIN-695 002.** ## **149. YESUDASAN.J.,** **STAR HOUSE, MYLADI, PULIYARAKKONAM.P.O., TVM, PIN-695 573.** ## **150. ABDUL SHAFAD T.S.,** **THURUTHI HOUSE, THEKKIL FERRY.P.O., CHENGALA VIA, KASARAGOD-671 545.** ## **151. MEENA KUMARI.R.,** **PUNNAVILA VEEDU, KULASEKHARAM, KODOUNGANOOR, VATTIYOORKAVU.P.O., TVM-695 013.** **152. ANU RAJ A.R., THEKKEVILA VEEDU, TC 17/387, CHADIYARA, POOJAPPURA, TVM-695 012.** ## **153. RAJEEV.V.,** **THAKKIDIYIL PUTHEN VEEDU, POONGAULAM, PACHALLOOR.P.O., TVM-695 027.** **154. IBRAHIM.B., S/O.BAPUNI, NEAR BDRI NATH WOOD INDUSTRIES, BANDAPUZHA.P.O., PERADA.** **155. VIMAL KUMAR.V., VIMALALAYAM, PORROOKKARA, EDAPPALUKOTTA.P.O., CHAVARA, KOLLAM-694 583.** **156. SINDHU.S., MEDAKKAL HOUSE, PALAM JN., KARAKULAM.P.O., PIN-695 564. 157. NIYAS.A., PARANGIMAMVILAYIL, MANKKARA, SASTHAMKOTTA, PIN-690 529.** **158. HARI KRISHNAN S.G., MAYA BHAVAN, MARUKIL, KOTTIYAKOONAM, OORUTTAMBALAM.P.O., TVM, PIN-695 001.** **..12/-** **..12..** ## **WP(C).No. 3756 of 2016** ## **159. BIPIN B.S.,** **KARTHIKA, CHELLNACY, PERAYAM.P.O., PIN-685 562.** **160. HAFEES JAWADE M.K., MANHAKANVAN HOUSE, MARATAPPADI, VALLUVANCAUD.P.O., MALAPPURAM-676 521.** ## **161. SUBASH KUMAR.S.,** **TC 16/1215, DEVAKI BHAVAN, JAGATHI, THYCAUD.P.O., TVM.** **R1 BY GOVERNMENT PLEADER SRI.RON BASTIAN R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, S.C** **ADV. SMT.K.K.RAZIYA, S.C** **R3,R6,R13,R12,R15,R16,R17,R19, R22,R23,R28,R34,R39,R40,R46,R49, R50,R52,R54,R57,R59,R60,R62,R64,R70,R73,R75,R78,R79,R82,R83, R85,R88,R89,R91,R92,R94,R93,R96,R98,R101,R107,R110,R111, R113,R115,R118,R123,R124,R125, R126,R130,R134,R136,R138,R139, R140,R148,R149,R151,R156,158,R159,R161 BY ADVS. SRI.S.M.PRASANTH** **SRI.G.RENJITH** **R4,R5,R7,R8,R9,R10,R14,R24,R27,R30,R31,R33,R35,R36,R41,R42,R44,R53, R71,R74,R76,R80,R84,R86,R87,R90,R95,R09,R122,R132,R133,R135,R143, R145,R146, R147,R155,R157 BY ADV. SRI.GEORGE POONTHOTTAM. R17,R19,R23,R28,R73,R107,R113,R124 & R125** **BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADVS. SMT.ASHA BABU** **SMT.R.S.ASWINI SANKAR SMT.S.PARVATHI SRI.ARUNBABY STEPHEN** **R18,R21,R26,R29,R32,R37,R38,R43,R45,R47,R48,R58,R61,R65,R66,R68,R69, R72, R100,R102,R108,R112,R114,R116,R1 29,R131,R137,R141,R142,R144, R154 & 160 BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL)** **SRI.C.Y.VINOD KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-03-2018, ALONG WITH W.P.(C)NO. 4652 OF 2016 AND CONNECTED CASES, THE COURT ON 15-03-2018 DELIVERED THE FOLLOWING:** **Msd.** **16.03.2018** **WP(C).No. 3756 of 2016 (T)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **EXHIBIT P1: TRUE COPY OF THE NOTIFICATION DATED 10.10.2013 PUBLISHED IN THE MATHRUBHUMI DAILY. EXHIBIT P2: TRUE COPY OF THE CALL LETTER DATED 26.12.2013 FOR WRITTEN TEST. EXHIBIT P3: TRUE COPY OF THE CALL LETTER DATED 01.02.2014 FOR GROUP DISCUSSION. EXHIBIT P4: TRUE COPY OF THE CALL LETTER DATED 07.08.2014 FOR INTERVIEW. EXHIBIT P5: TRUE COPY OF THE TABLE SHOWING THE MARKS OBTAINED BY EACH OF THE APPLICANTS IN THE EXAMINATION. EXHIBIT P6: TRUE COPY OF THE RANK LIST PREPARED BY THE SIDCO. RESPONDENT(S)' EXHIBITS :** ## **NIL** **//TRUE COPY//** **P.S.TO JUDGE** **Msd. 16.03.2018** ## _**P.V.ASHA, J.**_ -------------------------- W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U ------------------------------------------- _Dated this the 15[th] day of March, 2018_ ## _**JUDGMENT**_ Petitioners in all these cases except in W.P(c).No.5647/2016, are candidates who submitted applications for appointemnt to the post of unskilled workers (Gr.IV) in Kerala Small Scale Industrial Development Corporation (SIDCO). They have filed these writ petitions challenging the appointments made to those posts alleging that the selection is vitiated by corruption and nepotism apart from the fact that innovative methods were incorporated in the process of selection without notifying the same. Parties and documents referred to in the writ petition are as described in W.P.(C) No. 39313 of 2016. 2. The SIDCO issued Ext.P1 notification on 10.10.2013, inviting applications for appointment to the post of unskilled worker (Gr.IV) in the scale of pay of 2560-4020. The number of vacancies notified was 40. The qualifications prescribed were: should have completed SSLC and should 2 W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U have one year experience in any industrial establishment. Upper age limit was prescribed as 45. Applications were to be submitted within a period of 21 days. The petitioners submitted their applications. 3. The SIDCO entrusted the KITCO, an outside agency, to conduct a written test. Ext.P2 is a call letter issued by KITCO to one of the petitioners directing the candidates to appear for a written test on 12.1.2014. It was stated that a short list would be prepared on the basis of marks in the written test and the candidates who are shortlisted would be subjected to interview. As per Ext.P3 letter dt.1.2.2014, the SIDCO invited the petitioners for a group discussion to be held on 11.2.2014. It was stated therein that candidates would be shortlisted on the basis of marks in the group discussion and the shortlisted candidates would be subjected to interview. As per Ext.P4 letter, the petitioners were directed to appear for an interview on 30.08.2014. In that letter it was stated that the selection would be in accordance with the notification published on 10.10.2013. Nothing was heard after the interview was held. No shortlist or rank list was prepared as stated in the call letters Exts.P2 or P3. Seeing the delay in publishing the rank list, the petitioners made enquiries, when it was found W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 3 that the SIDCO had made 157 appointments without publishing any rank list. The petitioners thereupon submitted applications under the Right to Information Act and as per Ext.P5 letter dated 21.11.2015 they received Ext.P6 consolidated mark list of candidates, who appeared for selection. In Ext.P6 list the petitioners found that they have secured very high marks in the written test, but they were given very low marks in the group discussion and interview. 4. From Ext.P6 mark list it can be seen that the total marks for written test was 75 and for group discussion and interview another 75 marks were allotted with 35 marks for group discussion and 40 marks for interview. Thus out of the total marks of 150, 50% was allocated to written test and 50% for group discussion and interview. The petitioners submit that the respondents had not published any shortlist or rank list. They did not even notify that selection would include written test as well as group discussion and interview. The percentage of marks allotted to those tests was also not published. The petitioners submit that Government have issued certain guidelines in Ext.P9 G.O issued on 17.6.2013 in respect of appointment in public sector undertakings. As per clause 5 of these 4 W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U guidelines, the maximum marks for the interview is to be limited to 20% and 80% is to be allotted to written test/skill test. It further provides that interview board shall consist of a Government nominee from Industries Department, a nominee from RIAB and a subject expert. The interview board should declare the results which should be published on the website of the PSU on the same day and candidates should be intimated the results by e-mail on the same day. The petitioners submit that for selection through the Kerala Public Service Commission the maximum mamrks for interview is limited to 20% of the marks allotted for the written test. In the present case by allocating 40 marks for the interview the respondent has allocated 53.33% of the marks allotted for written test. Therefore, it is alleged that high marks are allocated for interview in order to give appointment to persons of their choice. The petitioners have demonstrated the details of candidates who got included in the top in the consolidated marklist on account of awarding of high marks in the interview and group discussion, furnishing list A of 21 persons who received highest marks between 80 and 92% in the written test along with their interview marks and list B of candidates with less than 40% marks in the written test and with high marks W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 5 in the interview. In A list several of the candidates are seen awarded marks ranging from 9 to 15 in the interview except in the case of a very few persons. B list would show that 26 candidates who got marks between 21 and 29 in written test were awarded marks between 30.75 and 37 for the interview and between 29.02 and 33.77 for group discussion. They got rank between 111 and 215. At the same time the candidates in the A list were ranked between 161 and 449 except in the case of 4 persons, who ranked between 1 and 23. The petitioners submit that there are serious allgations of corruption against the then Managing Director of SIDCO in connection with several matter including appointments. Therefore, the petitioners submit that the entire selection proceedings are liable to be set aside. 5. The 1[st] respondent has filed a statement, according to which, the KITCO was entrusted for conducting the written examination which was held on 12.1.2014. The group discussion was conducted from 11.2.2014 to 18.2.2014 and interview was held on 29.8.2014, 30.8.2014 and 1.9.2014. It is further stated that Ext.P5 mark list was prepared based on the total marks obtained by each candidate for written test, group discussion and interview and Ext.P6 is the chart prepared for appointment on the basis of communal W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 6 rotation as followed by the Kerala Public Service Commission as per Rules 14 to 17 of Kerala State & Subordinate Service Rules. It is stated that group discussion was conducted by a committee consisting of Managing Director, Administrative Officer and representatives from Government and marks were awarded by the members of the committee based on the performance of the candidates and SIDCO did not have anything to do with that, marks were awarded by the members of the committee. According to it, the selection was conducted in a fair and transparent manner following the rules and procedures. It is stated that the petitioners participated in the selection process knowing fully well about the wirtten test, group discussion and interview and after participating in the selection they cannot turn round and challenge it on being unsuccesful as held by the Apex Court in several cases. 6. The party respondents 3 to 21 and 23 to 29 have filed counter affidavits in which they have stated that they were awarded marks in accordance with their performance. According to them, the interview and group discussion were conducted by a board consiting of Managing Directors, administrative officer, representatives from Government and W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 7 marks were awarded in accordance with their performance and the selection process was transparent. Because of the poor performance of the petitioners they were given lesser marks as given in Ext.P8. It is their case that after participating in the written test and interview and group discussion without raising any objection the petitioners cannot challenge the same. According to them, there is no material in support of the allegations raised by the petitioners and the appointments were made strictly in accordance with the Rules after a transparent procedure. 7. In W.P(c).No.3756 of 2016, the petitioners have impleaded all the 159 candidates who got appointment. A common counter affidavit was filed on behalf of several of these respondents with the aforesaid contentions. According to the party respondents, the selection was conducted in accordance with law and if at all there was any irregularity they cannot be penalised. 8. Heard Sri. Jaju Babu, the learned Senior Counsel appearing for the petitioners, the learned standing counsel for respondents 1 and 2 and the learned counsel Sri S.M.Prasanth, learned Senior Advocate Sri K.Ramakumar, and learned counsel Sri George Poonthottam for various 8 W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U party respondents and the learned Standing Counsel. 9. According to the petitioners, the entire proceedings which led to the appointments were made contrary to the Rules. By not publishing any short list or rank list the respondents made the appointments. The very fact that the appointments did not proceed for publication of rank list itself is a sufficient reason to interfere with the selection. According to the party respondents, they have been working from 2014 onwards and they may not be penalised if at all there is any irregularity. It is pointed out that they were awarded marks in accordance with their performance in the tests and because of their high marks they were given appointments. The learned counsel for the petitioners relied on the judments of the Apex Court in _**Madras Institute of Development Studies**_ **v.** _**K. Sivasubramaniyan**_ [(2016) 1 SCC 454] and of this Court in _**Swapna Surendran V Union of India**_ [2016 (1) KHC 72] in support of the contention that the petitioners, who consciously took part in the selection proceedings, are estopped from challenging the appointments or selection once they were found unsucessful. 10. Respondents 1 and 2 did not file any counter affidavits. What 9 W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U is filed is only a statement which does not deny the allegations or answer the allegations raised by the petitioners. Eventhough the respondents have stated that the selection was conducted in accordance with rules, none of the respondents have produced or made available the 'rules' which were followed in conducting the selection. At any rate, no material is produced to show that the process of selection, informing that selection would be made after conducting written test and group discussion and interview, was conducted in accordance with rules. The marks allocated to those tests were also not announced. The version of the SIDCO is that there was committee to conduct group discussion and interview; but no material is produced authorising such a committee to determine the method of selection or marks for each process as prescribed in the notification. The stage at which the said selection committee was constituted or the powers conferred on them are not stated. Unless there is a specific provision which empowers the selection committee to determine the method of selection, any action done by them would be without authority. At any rate, no selection committee can finalise the selection without drawing a rank list and once such a rank list is prepared SIDCO should have published it before making W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 10 appointments. Appointments made without publishing rank list lacks transparency and are unconstitutional. 11. The petitioners have pointed out that either in Ext.P1 or at any time before the written test was held and at any time before the call letters for group discussion was issued, the candidates were not informed about the criteria for selection or the marks allocated for each of the tests included in the process of selection. There was no intimation either about the proposal to conduct any group discussion or regarding the marks allocated for either of this. The only intimation they got was from the call letter issued by the SIDCO in Ext.P2, wherein it was stated that the candidates would be shortlisted based on the marks in the written test and thereafter they would be subjected to interview. But there was no shortlisting and interview was not conducted based on the marks in the interview. On the other hand, call letters were issued for appearing in group discussion followed by another call letter for interview. Even then the marks allotted were not made public. It is only after the petitioners made enquiries and got information on applications under the RTI Act that they are coming to know the procedure adopted for the selection. W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 11 12. It is settled law that the marks for interview shall not exceed 12.2% as held by the Apex Court in **Ashok Kumar Yadav v. State of Haryana :(1985) 4 SCC 417** 's case. Even assuming that 20% marks can be allotted as provided in Ext.P9 order, then also that was not followed by the respondent company. It is seen that 50% marks was allotted for interview and group discussion for selection to the post of group IV is arbitrary and unconstitutional as held by the Apex Court in **Mohanan Pillai v. State of Kerala:** 2007(2) KLT 551(SC **)** , where the Apex Court while considering the validity of selection to the post of watchman in Oilpalm Inidia Ltd., in which 50% marks were allocated for written test and 50% for interview. The following observations are relevant: “14. In the said decision, however, the Bench categorically opined that the marks allocated for the viva voce should not normally exceed 12.5% noticing the decisions of this Court in _Ashok Kumar Yadav v. State of Haryana_ ((1985) 4 SCC 417), _All India State Bank Officers' Federation v. Union of India_ ((1997) 9 SCC 151) as also _Jasvinder Singh v. State of J.&K._ ((2003) 2 SCC 132). The question as to how much marks should be allocated for interview would depend upon the post and nature of duties to be performed. The nature of duties to be performed on the post of Watchman/Messenger/Attender is not such which requires a high intellectual ability or any particular trait of the candidates which is required to be judged by an expert. (See e.g. _I.I.T., Kanpur v. Umesh Chandra & Ors._ ((2006) 5 SCC 664). The selection was thereupon set aside, seeing that allocation of marks for W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 12 interview was misused. 13. The Apex Court thereafter reiterated the proposition laid down in the judgment in _**Inder Parkash Gupta v. State of J&K & Ors.**_ ((2004) 6 SCC 786), where also it was held that there can be no hard-andfast rule of universal application and that when allocation of such marks is made with an intention which is capable of being abused or misused in its exercise, it is liable to be struck down as ultra vires Art.14 of the Constitution of India. 14. In the judgmnents in _**Bishnu Biswas v. Union of India, (2014) 5 SCC 774**_ the Apex Court was considering the validity of selection to group D posts in which 50% marks were allocated for interview. Reiterating the proposition in _**K. Manjusree**_ **v.** _**State of A.P** (2008)3 SCC 512[,]_ the Apex Court held that selection criteria has to be adopted and declared at the time of commencement of the recruitment process and that rules of the game cannot be changed midway or after the game is over. It was held that the competent authority, can prescribe the minimum qualifying marks for written examination as well as for interview at the time of initiation of selection process and it cannot change the criteria of selection in the midst W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 13 of selection process. In case, no procedure is prescribed by the rules and there is no other impediment in law, the competent authority while laying down the norms for selection may prescribe for the tests and further specify the minimum benchmarks for written test as well as for viva voce. It was reiterated in _**Hemani Malhotra**_ **v.** _**High Court of Delhi** :(2008) 7 SCC 11_ and a series of judgments and the matter is refererred to larger Bench in the _**Tej Prakash Pathak**_ **v.** _**Rajasthan High Court:** (2013) 4 SCC 540 ._ 15. In the light of the judgments of the Apex Court in _**B.S. Yadav**_ **v.** _**State of Haryana** :1980 Supp SCC 524_ , _**P.K. Ramachandra Iyer**_ **v.** _**Union of India** :(1984) 2 SCC 141_ and _**Umesh Chandra Shukla v. Union of India** :(1985) 3 SCC 721,_ reiterated in _**Bishnu Biswas v. Union of India,**_ _**(2014) 5 SCC 774**_ and as held in the Full Bench judgment of this Court in _**Keshav Mohan v. University of Kerala: 2009(4) KLT 573,**_ there is no ‘inherent jurisdiction’ for the Selection Committee to lay down the norms for selection in addition to the procedure if any prescribed by the Rules. Selection is to be made giving strict adherence to the statutory provisions and if such power i.e. ‘inherent jurisdiction’ is claimed, it has to be explicit. W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 14 16. The contention that the petitioners are estopped from challenging the selection would not lie because they were never made aware of the marks. Even otherwise when there is no rank list published and 50% marks are allocated for group discussion and interview for the post of unskilled workers, selection would get vitiated. In **Swapna Surendran'** s case ( _supra_ ), the post involved was Technical Officer; there 40% marks was found proper; but that cannot be the universal rule; for appointment in group D posts it is not necessary to allocate more marks. In the above circumstances, the selection and appointments of the respondents 3 to 160 in WP(C) No.3756 of 2016 ie. all the appointments based on Ext.P1 notification are set aside. The respondents are free to proceed with the process of selection from the stage after the written test based on the marks secured by the candidates in the written test and to complete the process in accordance with law by a transparent procedure without allocating more than 12.5% marks for the interview. It would not be necessary to have any group discussion for the selection of unskilled workers. A rank list shall thereafter be published and appointments shall be made from such a rank list, applying the principles of reservation. W.P(C) Nos.3756 of 2016-T, 4652 of 2016-F, 5647 of 2016-E, 19209 of 2016-A, 39313 of 2016-L and 20565 of 2017-U 15 As the party respondents have joined in the year 2014, respondents 1 and 2 are free to allow them to continue till the process of re-selection is completed. At any rate the entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. The writ petitions are allowed to the above extent. Sd/- _**(P.V.ASHA, JUDGE)**_ _rtr/_