W.P.(C) Nos. 15732/2020 & 19769/2020, High Court of Kerala (Ernakulam)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945** ## **WP(C) NO. 15732 OF 2020** **PETITIONERS:** - **1 ARUN RAJ R. AGED 29 YEARS S/O.RAJAGOPAL P.N., KUTTIKAT HOUSE, NARAKKAL P.O., ERNAKULAM DISTRICT-682505.** - **2 ASHIN SHAJAN, AGED 25 YEARS S/O.ELIAS SHAJAN T.K., THOTTAPPATTU HOUSE, ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683556.** - **3 DEERAJ R.MENON, AGED 31 YEARS S/O.P.N.RAMAN MENON, PADINJAREVALAPPIL HOUSE, THEKKUMBHAGAM, THRIPUNITHURA, ERNAKULAM DISTRICT-682301.** - **4 JOKSON T.J., AGED 40 YEARS S/O.JOSEPH T.C., THOTTAKATH HOUSE, KOTHAD P.O., KORAMPADAM, ERNAKULAM DISTRICT-682027.** **BY ADVS. GEORGE POONTHOTTAM (SR.) SRI.RIJI RAJENDRAN SRI.J.VISHNU SRI.VISHNU B.KURUP KUM.CHITHRA P.GEORGE SMT.NISHA GEORGE** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** W.P.(C) No.15732 & 19769 of 2020 : 2 : - **2 KERALA STATE LIBRARY COUNCIL, ETN 43,TC 24/1962, K ANIRUDHAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY.** - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.** - **4 RENJITH V.S., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT RENJITH, B.P.NAGAR, PEYAD P.O., THIRUVANANTHAPURAM-695573.** - **5 MEENA R., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PULLUVILAKATHU VEEDU, VALIYAVILA, VATTIYOORKAVE P.O., THIRUVANANTHAPURAM-695013.** - **6 RAJESH KUMAR V.S., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PANKAJ, MANAPPURAM, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM-695571.** - **7 RAJESH P., LOWER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PERALULLA PARAMBIL, METTAYAR POST, PAYYOLI VAZHI, KOZHIKKODE DISTRICT-673524.** - **8 NISHA E., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT TC4.112, CHESHIRE HOME LANE, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.** - **9 VINEETHA RANI, DISTRICT LIBRARY OFFICER, ERNAKULAM, RESIDING AT SABARI PADATHU, WARD NO.22/20, THANEERMUKKAM, VARANAD P.O., CHERTHALA, ALAPPUZHA DISTRICT-688524.** - **10 SHYNI P.S., HEAD ACCOUNTANT, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT T.C.8/1166 D-33 MYTHRI NAGAR, THIRUMALA P.O., VALIYAVILA, THIRUVANANTHAPURAM-695006.** W.P.(C) No.15732 & 19769 of 2020 : 3 : - **11 DIVYA I., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT ASHTAPATHY, KOTTAMUGA, KUVALASSERY P.O., THIRUVANANTHAPURAM-695512.** - **12 SYAM PRASAD R., LOWER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT ASHTAPATHY, KOTTAMUGA, KUVALASSERY P.O., THIRUVANANTHAPURAM-695512.** - **13 BINCY P.B., W/O.LATE PRADEEP KUMAR P., RESIDING AT PULLANHOTTE HOUSE, KOODALI P.O., KANNUR-670592.** - **14 BINDU D., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT MOHAN NIVAS, TC 8/1075, MYTHRI NAGAR A-16, VALIYAVILA, THIRUMALA P.O., THIRUVANANTHAPURAM-695006.** - **15 JALAJAKUMARI G., UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT ASWATHY NILAYAM, KANARA-20, MARATHOOR, VATTAPPARA P.O., THIRUVANANTHAPURAM-695028.** - **16 N.SURESH, DRIVER, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PANAYARAVILA VEEDU, TC 3/1360(1) LIC LANE, LEKSHMI NAGAR, PATTOM P.O., THIRUVANANTHAPURAM-695004.** - **17 SOJA VASUDEVAN, D/O.N.VASUDEVAN, RESIDING AT KARAKONATH, CHARUVILA VEEDU, PERUMPUZHA P.O., KOLLAM-691504.** - **18 SAJITHA L.V., D/O. G.VIKRAMAN NAIR, SAVITHA BHAVAN, VAVARA, PULIVEEDU, POTHANCODE P.O., THIRUVANANTHAPURAM-695584.** - **19 BABITHA T.V., D/O.VELAYUDHAN T.K., THANDIKAKKUDIYIL HOUSE, KADAVOOR P.O., SOUTH PUNAMATTOM, ERNAKULAM DISTRICT-686641.** - **20 FRANCIS U.J., S/O.U.V.JOSEPH, UKKEN HOUSE, POONKUNNOM P.O., THRISSUR DISTRICT-680002.** W.P.(C) No.15732 & 19769 of 2020 : 4 : - **21 JOOLA C.V., W/O.RATHNAKARAN, THARAYIL VEEDU, EAST KOMPARA, IRINJALAKKUDA P.O., THRISSUR-680121.** - **22 RAJI P.NARAYANAN, W/O.SURESH BABU U., UCHAKKAVIL VEEDU, NADATHARA P.O., THRISSUR-680751.** - **23 SITHARA S., D/O.MOHANLAL L., VARAPUZHA PADINJATTATHIL, KANDACHIRA, PERINADU P.O., KOLLAM-691601.** - **24 SHAJU K., S/O.LATE APPOOTY, KUNIYIL VEEDU, CHATHAMANGALAM P.O., KOZHIKODE-673601.** - **25 REEJA M.P., D/O.KANARAN, NELLIYULLA PARAMBATH, VALAYAM P.O., KOZHIKODE-673317.** - **26 RAJESH V.T., S/O.V.T.KANNAN, VANNAN THARAMMAL HOUSE, KOOVODU, KUTTIKKOL P.O., TALIPARAMBA, KANNUR-670141.** - **27 SHYSI A., W/O.ANILKUMAR, NANDARAMANDAVIDA HOUSE, CHENDANADU P.O., PANOOR VIA, KANNUR-670692.** - **28 BINU T., S/O.THANKAPPAN, KANJIRAMVILA PADINGATTATHIL, POOVATUR WEST, MAVADI P.O., KOTTARAKKARA, KOLLAM-691507.** - **29 SHYJA M., D/O.CHOYI, KOTTAKUNNUMAL, M.M.PARAMBU P.O., UNNIKULAM VIA, KOZHIKKODE-673574.** - **30 BINUTHA G., D/O.KESAVA PILLAI, PUTHEN VEEDU, KUDAVOOR P.O., THONNAKKAL, THIRUVANANTHAPURAM-695313.** - **31 SANDHYA A., D/O.ARAKKAN BALAN, ARAKKAN HOUSE, ONAPARAMBA P.O., CHIRAKKAL, KANNUR-670011.** - **32 SOUMYA N. NAIR, D/O.NARAYANAN NAIR, MADATHIL KUNNEL HOUSE, MARIYATHURUTHU P.O., KOTTAYAM-686027.** - **33 BEENA M.S., D/O.SUNDARESAN, MULAKKAPPILLY HOUSE, EDAPPALLY NORTH AIMS P.O., ERNAKULAM-682041.** W.P.(C) No.15732 & 19769 of 2020 : 5 : - **34 SANTHINI R., W/O.VENUGOPAL S., KARTHIKA, THUNDAMPARA, KANDALA P.O., THIRUVANANTHAPURAM-695512.** - **35 ARUN R., S/O.U.RAVINDRAN, KAVITHALAYAM, CHIDANGIL, CHERUKUNNU P.O., KANNUR-670301.** - **36 LAIJU S.V., W/O.JYOTHISH S.V., BHAVA SADANAM, KOLLAMKAVU, PAZHAKUTTI P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695541.** - **37 VALSA C.A., W/O.BENNY JOSEPH, IDINJAKUZHIYIL VEEDU, KUMBALERI P.O., MEENANGADI VIA, WAYANAD-673591.** - **38 GOPAKUMAR G., S/O.GOPALAKRISHNAN NAIR, VADAKKEYATH, VALLICODE P.O., PATHANAMTHITTA-689648.** - **39 SHIJI T.B., D/O.BABU T.V., THAMARASSERI HOUSE, EROOR NORTH P.O., THRIPUNITHURA, ERNAKULAM-682306.** - **40 JOBY K.A., S/O.K.E.JOSEPH, NALUPARAKKALAM, AVALOOKUNNU WARD, THATHAMPALLY P.O., ALAPPUZHA-688013.** - **41 ANILKUMAR K.K., S/O.P.R.KRISHNAN NAIR, SOUHRIDA, AYMANAM P.O., KOTTAYAM-686015.** - **42 PRASAD P., S/O.A.SREEDHARAN, PRIYA NIVAS, POOVATHUR, KOODALI P.O., KANNUR-670592.** - **43 BIJU P., L.D.CLERK, TALUK LIBRARY COUNCIL, ERNAD, KACHERIPADI, MANJERI, MALAPPURAM DISTRICT-676121.** - **44 PAUL ABRAHAM, L.D.CLERK, TALUK LIBRARY COUNCIL, ADOOR, PATHANAMTHITTA-691523.** - **45 MANESH A.T., L.D.CLERK, TALUK LIBRARY COUNCIL, UDUMBANCHOLA, IDUKKI-685554.** - **46 SATHEESH P.R., L.D.CLERK, TALUK LIBRARY COUNCIL, MANANTHAWADY, WAYANAD-670645.** W.P.(C) No.15732 & 19769 of 2020 : 6 : - **47 ANUSREE, L.D.CLERK, TALUK LIBRARY COUNCIL, MEENACHIL, KOTTAYAM DISTRICT-686577.** - **48 E.V.SAJIKUMAR, L.D.CLERK, TALUK LIBRARY COUNCIL, CHANGANASSERY, KOTTAYAM DISTRICT-686101.** - **49 SARITHA M.N., L.D.CLERK, TALUK LIBRARY COUNCIL, NILAMBUR, MALAPPURAM DISTRICT-679329.** - **50 PRADEEP KUMAR A., L.D.CLERK, TALUK LIBRARY COUNCIL, TIRURANGADI, MALAPPURAM DISTRICT-676306.** - **51 RAJEEV KUMAR B., L.D.CLERK, TALUK LIBRARY COUNCIL, KARTHIKAPPALLY, ALAPPUZHA-690516.** - **52 SINDHU S., L.D.CLERK, TALUK LIBRARY COUNCIL, KARUNAGAPPALLY, KOTTAYAM DISTRICT-690547.** - **53 SHABANA JAMAL, L.D.CLERK, TALUK LIBRARY COUNCIL, AMBALAPPUZHA, ALAPPUZHA DISTRICT-688561.** - **54 KISHOR K., L.D.CLERK, TALUK LIBRARY COUNCIL, VYTHIRI, WAYANAD DISTRICT-673576.** - **55 NITHESH K., L.D.CLERK, TALUK LIBRARY COUNCIL, ALATHOOR, PALAKKAD DISTRICT-678541.** - **56 RAJITHA RAJU, L.D.CLERK, TALUK LIBRARY COUNCIL, DEVIKULAM, IDUKKI DISTRICT-685613.** - **57 MANOJKUMAR P., L.D.CLERK, TALUK LIBRARY COUNCIL, KASARGOD, KASARGOD DISTRICT-671121.** - **58 SATHEESAN A.K., L.D.CLERK, TALUK LIBRARY COUNCIL, HOSDURG, KASARGOD DISTRICT-671315.** - **59 ELDHO K.A., L.D.CLERK, TALUK LIBRARY COUNCIL, KUNNATHUNAD, ERNAKULAM DISTRICT-683561.** - **60 JAYASREE V.J., L.D.CLERK, TALUK LIBRARY COUNCIL, NORTH PARAVOOR, ERNAKULAM DISTRICT-683513.** W.P.(C) No.15732 & 19769 of 2020 : 7 : **61 PRIYA C.T., L.D.CLERK, TALUK LIBRARY COUNCIL, MANNARKKAD, PALAKKAD DISTRICT-678582. 62 SAJITH K., L.D.CLERK, TALUK LIBRARY COUNCIL, TIRUR, MALAPPURAM DISTRICT-676101. 63 VINOD M.V., OFFICE ATTENDANT, TALUK LIBRARY COUNCIL, PALACE ROAD, CHEMBUKKAV, THRISSUR-680020.** **BY ADVS. SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL SRI.ANTONY MUKKATH, SR. GOVERNMENT PLEADER SRI.B.S.SYAMANTHAK SRI.KALEESWARAM RAJ SRI.S.RAMESH SRI.ELVIN PETER P.J. SRI.P.C.SASIDHARAN SRI.S.P.ARAVINDAKSHAN PILLAY SRI.VARUN C.VIJAY SMT.BINDUMOL JOSEPH KUM.A.ARUNA SRI.P.RAVINDRAN (SR.) KUM.THULASI K. RAJ SMT.MAITREYI SACHIDANANDA HEGDE SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).19769/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.15732 & 19769 of 2020 : 8 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 15[TH] DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 19769 OF 2020** ## **PETITIONERS:** - **1 SARATH KUMAR S. AGED 28 YEARS S/O. SASIDHARA KURUP N., CHAKKALAVILAYIL, KODUMON P. O., PATHANAMTHITTA - 691 555, RANK 590 (PATHANAMTHITTA LIST)** - **2 PRIYANKA G. AGED 28 YEARS D/O. JAYACHANDRAN NAIR, KS RA-7, KRISHNASARAS KALADY, KARAMANA P. O., THIRUVANANTHAPURAM - 695 002, RANK 964 (THIRUVANANTHAPURAM LIST)** - **3 TINY KURIAN AGED 31 YEARS D/O. THOMAS KURIAN, VIJAYA BHAVAN, NEAR VETERINARY HOSPITAL, PUNUKKANNOOR, PERUMPUZHA P. O., KOLLAM - 691 504, RANK - LC SUPPLY 8 (KOLLAM SUPPLEMENTARY LIST)** - **4 SREERAJ S. AGED 25 YEARS S/O. SREEKANDAN PILLAI, PANACKAL KIZHAKATHIL, VENGA P. O., SASATHAMCOTTA, KOLLAM - 690 521, RANK NUMBER 377 (PATHANAMTHITTA LIST)** - **5 DIVYA S. PRATHAP AGED 42 YEARS D/O. M. N. PRATHAPAN, PANACKAMANNEL, PERUMPALLY, VALIYAZHEEKKAL P. O., ALAPPUZHA - 690 535, RANK 370 (ALAPPUZHA LIST)** - **6 ARCHANA S. AGED 34 YEARS D/O. THILAKARAJAN PILLAI B., ANOOP BHAVAN, MANGALATHU NAGAR - 78 PUNTHALATHAZHAM, KILIKOLLOOR P. O., KOLLAM - 691 004, , RANK 422 (ALAPPUZHA LIST)** W.P.(C) No.15732 & 19769 of 2020 : 9 : - **7 VINEETH KUMAR K. R. AGED 29 YEARS S/O. M. K. RAJAPPAN, THOTTAKKATTIL (H), AYARKKUNNAM P. O., KOTTAYAM - 686 564, RANK 727 (KOTTAYAM LIST)** - **8 GOKUL VIJAY AGED 25 YEARS S/O. M. G. VIJAYAKUMAR, MULAVELIL (H), CHIRAKKADAVU CENTER P. O., CHIRAKKADAVU, KOTTAYAM - 686 519, RANK 569 (KOTTAYAM LIST)** - **9 ANAS C. R. AGED 26 YEARS S/O. RASHEED, CHEENICKAL HOUSE, UDUMBANNOOR P. O., KULAPPARA, THODUPUZHA, IDUKKI - 685 595, RANK NUMBER 498 (IDUKKI LIST)** - **10 SUBHA RAJAN AGED 32 YEARS D/O. T. C. RAJAN, VADUTHURUTHIL HOUSE, VADAKARA P. O., THALAYOLAPARAMB, KOTTAYAM - 686 605, RANK 857 (ERNAKULAM LIST)** - **11 CHITHARANJAN M. AGED 32 YEARS S/O. I.S.MOHANAN, KOUSTHUBHAM KOVILAKAM, CHENDAMANGALAM P. O., N. PARAVUR, ERNAKULAM - 683512, RANK 623 (ERNAKULAM LIST)** - **12 RESHMA SURESH P. AGED 31 YEARS W/O. BIJITH K. S., KUNNATHULLY HOUSE, ELAVALLY SOUTH P. O., PIN - 680511, THRISSUR, RANK NUMBER 652 (THRISSUR LIST)** - **13 SHABANA A. JABAR AGED 37 YEARS D/O. P. P. ABDUL JABBAR, PANIKKAVEETTIL PAYYAKKAL HOUSE, P. O. PERINGOTTUKARA, PERINGOTTUKARA - 680 565, THRISSUR , RANK NUMBER 1066 (THRISSUR LIST)** - **14 SOUMYA MOHAN I. AGED 35 YEARS M. MOHANAN NAIR, S.S. MANDIRAM, ALIYADU P. O., VENJARAMOOD, TRIVANDRUM - 695607, RANK 625 (MALAPPURAM LIST)** W.P.(C) No.15732 & 19769 of 2020 : 10 : - **15 ANU T. DHAR AGED 37 YEARS D/O. K. THULASEEDHARAN, ARUNALAYAM, PRATHEEKSHA NAGAR - 91, KILIKOLLOOR P. O., KOLLAM - 691 004, RANK 667 (MALAPPURAM LIST)** - **16 THAPAN C. THOMAS AGED 27 YEARS S/O. THOMAS V. S., VATTAMATTATHIL HOUSE, VANNATHICHIRA P. O., KOZHIKODE - 673 513, RANK** - **17 SOMAPRASAD S H AGED 32 YEARS S/O. SOMAN V., SARASWATI VILASOM, POONJAMCODE, KATTAKODE P. O., KATTAKADA, THIRUVANANTHAPURAM - 695 572, RANK NUMBER 371 (WAYANAD LIST)** - **18 ARUN SEBASTIAN AGED 29 YEARS S/O. SEBASTIAN, KOLLIMOOTTIL HOUSE, KARIMKUTTY POST, KALPETTA, WAYANAD - 673 122, RANK NUMBER 355 (WAYANAD LIST)** - **19 SHILIN V. P. AGED 28 YEARS S/O. V. SURESH BABU, KUTTIKKAATTIL HOUSE, P. O. UMMANCHIRA, THALASSERY - 670 649, RANK 391 (KANNUR LIST)** - **20 SHAMMAS K. V. AGED 27 YEARS** - **S/O. USMAN P., K. V. HOUSE, VELAPURAM PALM, P. O. PAPPINISSERI, KANNUR - 670 561, RANK 1236, (KANNUR LIST)** **BY ADVS. S.SABARINADH SMT.INDULEKHA JOSEPH** ## **RESPONDENTS:** - **1 STATE OF KERALA THROUGH ITS HIGHER EDUCATION (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.** W.P.(C) No.15732 & 19769 of 2020 : 11 : - **2 KERALA STATE LIBRARY COUNCIL KURAVANKONAM, KOWDIAR P. O., THIRUVANANTHAPURAM, PIN - 695 003, REPRESENTED BY ITS SECRETARY.** - **3 THE KERALA STATE PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM PALACE P. O., THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS SECRETARY.** - **4 SMT.RENJITHA V. S., DISTRICT LIBRARY OFFICER GR. II, KANNUR DISTRICT LIBRARY COUNCIL, P. O. CIVIL STATION, KANNUR - 670 002.** - **5 SMT.VINEETHA RANI G. S., D/O. R. GOPALAN, DISTRICT LIBRARY OFFICER, ERNAKULAM, RESIDING AT SABARI PADATHU, WARD NO.22/20, THANEERMUKKAM, VARANAD P. O., CHERTHALA, ALAPPUZHA - 685 543.** - **6 SMT.SHYNI P. S., W/O. K. MANOJ KUMAR, JUNIOR SUPERINTENDENT, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT T.C.8/1166 D-33, MYTHRI NAGAR, THIRUMALA P. O., VALIYAVILA, THIRUVANANTHAPURAM - 695 006.** - **7 SMT.MEENA R., W/O. N. S. VINOD, UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT LULLUVILAKATHU VEEDU, VALIYAVILA, VATTIYOORKAVU P. O., THIRUVANANTHAPURAM - 695 013.** - **8 SMT.DIVYA I., D/O. B. MOHANAN, UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT ASHTAPATHY, KOTTAMUGAL, KUVALASSERY P. O., THIRUVANANTHAPURAM-695 512.** - **9 SMT.NISHA E., W/O. K. SASANKAN, UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT TC 4.112, CHESHIRE HOME LANE, KOWDIAR P. O., THIRUVANANTHAPURAM - 695 003.** - **10 SRI.RAJESHKUMAR V. S., S/O. R. VIJAYA KUMAR, UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PANKAJ, MANAPPURAM, MALYINKEEZHU PO., THIRUVANANTHAPURAM - 695 571.** W.P.(C) No.15732 & 19769 of 2020 : 12 : - **11 SRI.PRADEEP KUMAR P., S/O. K. KORAN (EXPIRED), LOWER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PULLANHOTTE HOUSE, P. O. KOODALI, KANNUR - 670 592, REPRESNETED BY HIS LEGAL HEIR SMT. BINCY P. B., L D CLERK, PALAKKAD TALUK, LIBRARY COUNCIL, MUNCIPAL BUILDING, SULTHANPET, PALAKKAD - 678 001.** - **12 SYAM PRASAD R. S/O. G. RAMACHANDRAN, LOWER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT MADATHUVILAKAM, VAZHUNTHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.** - **13 JALAJAKUMARI G. W/O. SUKUMARA PILLAI, UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT ASWATHY NILAYAM, KANARA - 20, MARATHOOR, VATTAPPARA P. O., THIRUVANANTHAPURAM - 695 028.** - **14 RAJESH P. S/O. KELAPPAN M. M., LOWER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT PERALULLA PARAMBIL POST, METTAYAR, PAYYOLI VAZHI - 673 524.** - **15 BINDHU D. W/O. R. SURESH KUMAR AND D/O. APPUKKUTTAN NARI, UPPER DIVISION CLERK, STATE LIBRARY COUNCIL, THIRUVANANTHAPURAM, RESIDING AT MOHAN NIVAS, TC 8/1075, MYTHRI NAGAR, A-16 VALIYAVILA, THIRUMALA P. O., THIRUVANANTHAPURAM - 695 006.** - **16 SOJA VASUDEVAN W/O. SYAMLAL S., KARAAKKONATH CHARUVILA VEED, PERUMBUZHA, KOLLAM - 691 504.** - **17 SAJITHA L V G. VIKRAMAN NAIR, SAVITHA BHAVAN, VAVARA, POTHANKODE P. O., THIRUVANANTHAPURAM - 695 584.** - **18 BABITHA T. V. W/O. SAJI, D/O. VELAYUDHAN T. K., THANDIYAKUDIYIL HOUSE, KADAVUR P. O., SOUTH PUNAMATTOM, ERNAKULAM - 686 641.** - **19 FRANSIS U. J. S/O. U. V. JOSEPH, OOKKEN HOUSE, POONKUNNAM P. O., THRISSUR - 680 002.** W.P.(C) No.15732 & 19769 of 2020 : 13 : - **20 JOOLA C. V. W/O. T. K. RATHNAKARAN, THARAYIL VEED, EAST KOMBARA, IRINJALAKKUDA P. O., THRISSUR - 680 121.** - **21 RAJI P. NARAYANAN W/O. G. SURESH BABU, UCHAKKAVIL HOUSE, MINOR ROAD P. O., NADATHARA, THRISSUR - 680 751.** - **22 SITHARA S. W/O. BIJU T., VARAPPUZHA PADINJATTATHIL, KANDACHIRA, PERINAD P. O., KOLLAM - 691 601.** - **23 SHAJU K. S/O. LATE APPOOTTY, KUNIYIL VEEDU, CHATHAMANGALAM P. O., KOZHIKODE - 673 601.** - **24 REEJA M. P. W/O. BABU C. K., NELLIYULLA PARAMBATH, P. O. VALAYAM - 673 517.** - **25 RAJESH V. T. S/O. V. T. KANNAN, VANNAN THARAMMAL HOUSE, KOOVODU, KUTTIKKOL P. O., TALIPARAMBA, KANNUR - 670 141.** - **26 SHYSI A. W/O. ANIL KUMAR, NANDARAMANDAVIDA HOUSE, CHENDANADY P. O., PANOOR VIA, KANNUR - 670 692.** - **27 BINU T. S/O. THANKAPPAN, KANJIRAMVILA PADINJAATTATHIL, POOVATTUR PADINJAAR, MAVADI P. O., PUTHOOR, KOTTARAKKARA, KOLLAM - 691 507.** - **28 SHYJA M. W/O. K. K. PRADEEPAN, KOTTAKKUNNUMMAL P. O., M. M. PARAMBU, UNNIKULAM (VIA), THAMARASSERY, KOZHIKODE - 673 574.** - **29 BINUTHA G. D/O. KESAVAPILLA, PUTHAN VEED, KUDAVOOR P. O., THONNAYKKAL, THIRUVANANTHAPURAM - 695 313.** - **30 SANDHYA A. D/O. BALAN A., ARAKKAN HOUSE, ONAPPARAMBA, CHIRAKKAL, KANNUR - 670 011.** - **31 SOUMYA N. NAIR W/O. RAJEEV KUMAR C., MADATHILKUNNEL, MARYATHURUTH P. O., KOTTAYAM - 686 027.** W.P.(C) No.15732 & 19769 of 2020 : 14 : - **32 BEENA M. S. W/O. RAJENDRAN C. S., MULAYKKAPPILLI HOUSE, EDAPPALLY NORTH, AIMS P. O., PONEKKARA, ERNAKULAM - 682 041.** - **33 R. SANTHINI W/O. VENUGOPAL S., KARTHIKA, THUNGAMPARA, KANDALA P. O., THIRUVANANTHAPURAM - 695 512.** - **34 ARUN R.** - **S/O. U. RAVINDRAN, KAVITHALAYAM, CHIDANGIL, CHERUKUNNU, KANNUR - 670 301.** - **35 LEJU S. V. W/O. JYOTHISH S. G., JYOTHISH, MANJA ROAD, NEDUMANGAD, NEDUMANGAD P. O., THIRUVANANTHAPURAM - 695 541.** - **36 VALSA C. A. W/O. BENNY JOSEPH, INDINJAKUZHIYIL VEEDU, KUMBALERI P. O., MEENANGADI (VIA), WAYANAD - 673 591.** - **37 GOPAKUMAR G. S/O. GOPALAKRISHNAN NAIR, VADAKKE AAYATH HOUSE, VALLIKKODE P. O., PATHANAMTHITTA - 689 648.** - **38 SHIJI T. B. W/O. VINODKUMAR C. P., THAMARASSERY HOUSE, EROOR NORTH P. O., ERNAKULAM - 682 306.** - **39 JOBI K. A. S/O. JOSEPH, NALUPARAKKALAM, AVALOOKKUNNU, ALAPPUZHA - 688 006.** - **40 ANILKUMAR K. K. P. R. KRISHNAN NAIR, SOUHRIDHA, AYMANAM P. O., KOTTAYAM - 686 015.** - **41 PRASAD P. SREEDHARAN P., PRIYA NIVAS, KOODALI P. O., KANNUR - 670 592.** - **42 BIJU P.** - **S/O. P. SUKUMARAN NAIR, NADUKKANDIYIL HOUSE, KARAKKUNNU P. O., MANJERI (VIA), MALAPPURAM - 676 123.** - **43 PAUL ABRAHAM LD CLERK, ADOOR TALUK LIBRARY COUNCIL, ADOOR - EZHAMKKULAM JUNCTION, PARACODE P . O., PATHANAMTHITTA - 691 554.** W.P.(C) No.15732 & 19769 of 2020 : 15 : - **44 MANESH A. T. S/O. THOMAS JOSEPH, AANAKKALLIL (H), BATHEL P. O., MELE CHINNAR, IDUKKI - 685 514.** - **45 P. R. SATHEESH S/O. P. RAMACHANDRAN NAIR, PULLAAM POYKAYIL HOSUE, KAAMBATTI P. O., THALAPPUZHA, MANANTHAVADY - 670 644.** - **46 ANUSREE P. W/O. RAJESH C., VELLIMANGALATH, PAYAPPAR P. O., EZHACHERI, KOTTAYAM - 686 651.** - **47 E. V. SAJIKUMAR EETTIKKAL, IDAYIRIKKAPPUZHA P. O., KANGAZHA, KOTTAYAM - 686 541.** - **48 M. N. SARITHA W/O. HARI P., SAYOOJYAM VEED, KALIMANNATH, NADUVATH, VANDOOR (VIA), MALAPPURAM - 679 328.** - **49 PRADEEPKUMAR A. CHOYI (F), AKAMANNIL HOUSE P O, CHENAKKALANGADI, THENHIPPALAM, MALAPPURAM - 673 636.** - **50 RAJEEV KUMAR B. THANOLIL, CHINGOLI P. O., HARIPPAD, ALAPPUZHA - 690 532.** **51 SINDHU S. W/O. MANOJKUMAR A., VENKATTAYTHAL ILLAM, SOUTH WEST THAZHAVA, P. O. THAZHAVA, KARUNAGAPPALLY, KOLLAM - 690 523.** - **52 SHABANA JAMAL D/O. S. JAMAL (F), BANGLAV PARAMB, POWER HOUSE WARD, ALAPUZHA - 688 001.** - **53 KISHOR K. KARATTU PARAMBIL HOUSE, VENGAPPALLY, KALPETTA - 673 121.** - **54 NIDHESH K. LD CLERK, ALATHUR TALUK LIBRARY COUNCIL, BANK ROAD, ALATHUR P. O., PALAKKAD - 678 541.** W.P.(C) No.15732 & 19769 of 2020 : 16 : - **55 RAJITHA RAJU W/O. SHIJU THOMAS, KUREEPPARAMBIL VEED, AANAVIRATTI, AANAVIRATTI P. O., DEVIKULAM - 685 561.** - **56 MANOJ KUMAR P. VAARIKKAATT HOUSE, VAARIKKAATT, KANHANGAD P. O., AJANUR, ANANDHASRAMAM, KASARGOD - 671 531.** - **57 SATHEESHAN A. K. S/O. APPU KANNOTH, NARKKILAKKAD, MARNNADAM, KOTTAMALA P. O., HOSDURG, KASARGOD - 671 314.** - **58 ELDHO K. A. LD CLERK, KUNNATHUNADU TALUK LIBRARY COUNCIL, KUNNATHUNADU, HANASEVA KENDRAM, PERUMBAVOOR P. O., ERNAKULAM - 683 542.** - **59 JAYASREE V. J. W/O. PRAMOD P. D., PULIKKAL VEED, KOTTUVALLI, KAITHARAM P. O., NORTH PARAVOOR, ERNAKULAM - 683 519.** - **60 PRIYA C. T. W/O. VINAYAN T. P., S.S.NIVAS, SIVANKUNNU, MANNARKKAD, PALAKKAD - 678 762.** - **61 SAJITH K. S/O. CHITHRABHANU K. RAJ NIVAS, MUTHUR, TIRUR P. O., MALAPPURAM - 676 101.** - **62 VINOD M. V. S/O. VELAYUDHAN, MANAZHI HOUSE, A. K. G. NAGAR, POONKUNNAM P. O., THRISSUR - 680 002.** - **63 BINCY P. B.** - **L. D. CLERK, PALAKKAD TALUK LIBRARY COUNCIL, MUNCIPAL BUILDING, SULTHANPET, PALAKKAD - 678 001.** W.P.(C) No.15732 & 19769 of 2020 : 17 : **BY ADVS. SRI.K.K.RAVINDRANATH, ADDL.ADVOCATE GENERAL SRI.ANTONY MUKKATH, SR. GOVERNMENT PLEADER SMT.BINDUMOL JOSEPH SMT.A.ARUNA SRI.S.RAMESH SRI.ELVIN PETER P.J. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.VARUN C.VIJAY SRI.B.S.SYAMANTHAK SRI.KALEESWARAM RAJ SRI.P.C.SASIDHARAN SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA SRI.VISHNU V.K. SMT.ABHIRAMI K. UDAY SRI.KURUVILLA SABU CHRISTY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, ALONG WITH WP(C).15732/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.15732 & 19769 of 2020 : 18 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` W.P.(C) Nos.15732 and 19769 of 2020 ````````````````````````````````````````````````````````````` _Dated this the 15[th] day of March, 2024_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ These writ petitions have been filed challenging regularisation of service effected by the respondents in the services of Kerala State Library Council. 2. The petitioners in W.P.(C) No.15732/2020 stated that the petitioners 1 to 3 have been included in the rank list for the post of Lower Division Clerk and the 4[th] petitioner is a candidate included in the rank list prepared for Last Grade Servants. The petitioners are before this Court aggrieved by the action of the Kerala State Library Council and the Kerala Public Service Commission to regularise the service of 47 persons who are appointed on daily wages. W.P.(C) No.15732 & 19769 of 2020 : 19 : 3. W.P.(C) No.19769/2020 has been filed seeking to declare that the appointment to State, District and Taluk Library Councils can only be done through the Kerala Public Service Commission and to declare that respondents 4 to 63 are not entitled to be regularised in terms of the dictum in _**Secretary, State of Karnataka and others v. Umadevi and others** [(2006) 4 SCC 1]_ and _**State of Jammu & Kashmir v. District Bar Association, Bandhipora** [(2017) 3 SCC 410]_ or in accordance with Exts.P3 and P5 orders. 4. The petitioners in W.P.(C) No.15732/2020 submitted that the Kerala Public Service Commission (PSC, for short) issued a notification inviting applications from eligible candidates to the post of Lower Division Clerk (LDC for short) to the vacancies in various Departments of the Government. After written examination and interview, Ext.P2 rank list was published which came into existence on 02.04.2018. 5. The Kerala State Library Council is a body constituted under the Kerala Public Libraries (Kerala W.P.(C) No.15732 & 19769 of 2020 : 20 : Granthasala Sanghom) Act, 1989. It is under the control of the Department of Higher Education, Government of Kerala. The government as per GO(P) No.8/06/SCST Dept dated 02.02.2006 decided to entrust recruitment to various Public Sector Undertakings, Autonomous Bodies and Quasi Government Institutions to the Public Service Commission. The Government of Kerala issued Ext.P4 GO(P) No.124/2011/H.Edn.Dept. dated 09.08.2011 entrusting with the PSC recruitment to various posts under the Library Council. The Government has also enacted the Kerala Public Service Commission (Additional Functions as Respects the Library Councils) Act, 2014 as respect to the services under the Library Council. 6. The Government approved the staff pattern of the Library Council through GO(MS) No.44/07/HED dated 21.03.2007. The Library Council, however, submitted a recommendation to the Government to regularise the services of 13 persons who were temporarily appointed. Later, by Ext.P5 GO dated 29.08.2011, the Government took W.P.(C) No.15732 & 19769 of 2020 : 21 : a decision to cancel the above decision to regularise the services of temporarily appointed persons. 7. Ext.P5 GO was challenged by the employees. The writ petition was dismissed as per Ext.P6 judgment dated 02.12.2013. The employees filed W.A. No.1837/2013 against Ext.P6 judgment. When the Government took a decision to terminate the services of daily wage employees, the employees filed W.P.(C) No.10958/2012. This Court by Ext.P7 judgment allowed W.P.(C) No.10958/2012 holding that the State Government has no authority to terminate the service of employees of the Library Council. The State Government filed W.A. No.353/2015 against Ext.P7 judgment. 8. When W.A. No.1837/2013 was filed by the temporary employees against Ext.P6 judgment, the State of Kerala informed that a Scheme for regularisation is being framed by the Library Council. The W.A. No.1837/2013 was closed as per Ext.P8 judgment dated 27.09.2017 clarifying that the parties will be bound by the Scheme formulated by W.P.(C) No.15732 & 19769 of 2020 : 22 : the 2[nd] respondent. 9. Pursuant to Ext.P8, the Library Council formulated Ext.P9 Scheme. The State issued orders regularising the service of 13 employees in the Library Council as per Ext.P10 GO dated 18.12.2018. The petitioners would submit that Ext.P10 order is arbitrary and unsustainable. Ext.P9 Scheme is contrary to the law laid down by the Apex Court in _**Umadevi**_ (supra) and in _**State of Jammu & Kashmir v. District Bar Association, Bandipora**_ (supra). The appointment of the temporary employees is found to be illegal. 10. The petitioners alleged that the government and the Library Council have acted hand in glove with the employees who are temporarily appointed based on political consideration. The Government subsequently has withdrawn W.A. No.353/2019 as can be seen from Ext.P11 judgment dated 20.03.2019. 11. After withdrawing the appeal, the respondents took steps to regularise the appointment of 52 temporary W.P.(C) No.15732 & 19769 of 2020 : 23 : employees who were appointed on daily wage basis from 2007 to 2010. The Government thereafter issued Ext.P12 GO dated 20.07.2020 regularising the service of 47 employees under the Library Council. The petitioners urged that the regularisation of the services of temporary employees under the Library Council during the validity of a PSC rank list is highly arbitrary, discriminatory and offends Articles 14 and 16 of the Constitution of India. 12. The petitioners in W.P.(C) No.19769/2020 argued that the petitioners are qualified hands according to PSC. Regularisation has been granted to persons appointed through back door. As per Ext.P1 GO dated 29.08.2011, recruitment to all officers of State, District and Taluk Library Councils can only be done through PSC. Temporary employees have been granted permanent appointment otherwise than through PSC. 13. The temporary employees, who were arrayed as contesting respondents in the writ petition, resisted the writ petition filing counter affidavit. They pointed out that they W.P.(C) No.15732 & 19769 of 2020 : 24 : were appointed in the year 2006. They were regularised as per order dated 18.12.2018. There is enormous delay on the part of the writ petitioners in challenging Ext.P10. The delay in approaching this Court has not been properly explained. The temporary employees submitted that they were appointed in the year 2006 after getting selected through a due selection process. A Staff Selection Committee was constituted and applications were invited. Recruitments were notified and published in the respective Library Council offices. Interviews were conducted by the Staff Selection Committee. Thereafter, a rank list was published in the order of merit. None of these processes were challenged by the petitioners. Appointments were made in the year 2006 in administrative exigencies. 14. The temporary employees submitted that due to the halt of the recruitment process, the functioning of the Council had come to a stand still and temporary appointments were resorted to in the exigencies of service. W.P.(C) No.15732 & 19769 of 2020 : 25 : 15. The temporary employees pointed out that the vacancies in which they were appointed arose even prior to the entrustment of the recruitment process to the PSC. Therefore, the petitioners cannot raise any grievance as the petitioners did not qualify for appointment at that point of time. The mere inclusion of the writ petitioners in a rank list will not give them a right to be appointed. The reliance placed by the petitioners on the judgment in _**Umadevi**_ (supra) is unsustainable, contended the petitioners. The writ petitions are therefore liable to be dismissed. 16. The Government filed counter affidavit in W.P.(C) No.15732/2020. The Government submitted that the Executive Committee of State Library Council passed a resolution on 28.06.2007 requesting the Government to entrust the recruitment in the State Library Council to the PSC. Therefore, GO dated 09.08.2011 was enacted. The Kerala Public Service Commission (Additional Functions as respects the Library Council) Act, 2014 was framed. As per Section 3 of the Act, PSC has to be consulted on all matters W.P.(C) No.15732 & 19769 of 2020 : 26 : of appointment in Kerala State Library Council. The recruitment rules as per Section 4 of the Additional Functions Act have not been formulated yet. Appointment to 13 vacant posts in the Library Council were made before the issuance of the Government Order. The Staff Selection Committee recommended to make appointments to the vacant posts of 10 LDCs, 2 LD Typists and 1 Driver. As per Rule 127 of the Kerala Public Libraries (Kerala Granthasala Sanghom) Rules, temporary appointments can be made for smooth functioning of the office. 17. The Government submitted that after entrusting of recruitment of posts in the Library Council, no regular appointments were made in the Library Council. All vacancies are filled through Employment Exchange. The Library Council has not done anything violating the Government Orders. 18. I have heard the learned counsel for the petitioners, the learned Government Pleader appearing for the State of Kerala, the respective learned Standing Counsel W.P.(C) No.15732 & 19769 of 2020 : 27 : appearing for the PSC and the Library Council and the learned counsel appearing for the contesting temporary employees. 19. The Library Council has been constituted as per the Kerala Public Libraries (Kerala Granthasala Sanghom) Act, 1989. The Kerala Public Libraries (Kerala Granthasala Sanghom) Rules, 1991 and framed to implement the Act, 1989. The Higher Education Department under the Government of Kerala controls the functions of the Library Council as the Administrative Department. About 8821 Libraries are affiliated to the State Library Council. The temporary employees, who are respondents in these writ petitions, were appointed in their respective posts in the year 2006 or soon thereafter. Notices were published in the respective Library Council offices before recruiting them. They were subjected to a selection process inclusive of interview. The recruitment was conducted by the Staff Selection Committee constituted by the Library Council. Rank list was published in the order of merit. W.P.(C) No.15732 & 19769 of 2020 : 28 : 20. The counter affidavit filed by the Government would indicate that for filling up of sanctioned posts in the Library Council, examination was proposed to be conducted through Lal Bahadur Shastri Centre for Science and Technology (LBS). The LBS demanded ₹300/- per applicant for conducting examination and for preparing rank list. The Government did not approve the expenditure involved in the recruitment. This resulted in a stand still of the functioning of the Council. Therefore, the Library Council made appointment on temporary basis. The employees were allowed to continue on temporary basis. In the year 2008, it was decided to regularise the services of the temporary employees under the Library Council. Though a decision was taken by the Council of Ministers on 27.02.2011 to regularise temporary employees, no Government Orders were issued. The subsequent Government, however, decided to cancel the cabinet decision to regularise the service of the temporary employees. Accordingly, a GO dated 29.08.2011 was issued. The decision of the Council of W.P.(C) No.15732 & 19769 of 2020 : 29 : Ministers to revoke the earlier decision was challenged by the temporary employees filing W.P.(C) No.25087/2011. The said writ petition was dismissed as per judgment dated 02.12.2013 of a learned Single Judge. 21. When the Library Council took a decision to terminate the services of the temporary employees, they filed W.P.(C) No.10958/2012. This Court disposed of the said writ petition holding that the Government did not have the power to terminate the services of the temporary employees who were appointed by the Library Council. 22. The judgment in W.P.(C) No.25087/2011 was appealed in W.A. No.1837/2013. When the said writ appeal came up for consideration, the Advocate General submitted that the Library Council is framing a Scheme for regularisation of temporary employees in terms of the decision of the Hon’ble Apex Court in _**State of Jammu & Kashmir v. District Bar Association, Bandipora**_ (supra). Recording the said submission, the Division Bench of this Court closed the writ appeal clarifying that parties will be W.P.(C) No.15732 & 19769 of 2020 : 30 : bound by the Scheme being formulated by the Library Council. Subsequently, the Library Council framed Scheme for regularisation of provisional employees in the service of the Kerala State Library Council. 23. The argument of the petitioners is based on the judgment in **Umadevi** (supra). The judgment in _**Umadevi**_ (supra) concerns back door appointments to Government services and to services in Government Undertakings. The judgment in _**Umadevi**_ (supra) did not deal with framing of Scheme for regularisation. The ratio in _**Umadevi**_ (supra) cannot be taken as one banning the Government from promulgating a Scheme for regularisation. The purpose and intent of the decision in _**Umadevi**_ (supra) is to prevent irregular and illegal appointments in future. 24. It is to be noted that the temporary employees were appointed in the Library Council at a time when there was no system in the Library Council to make appointments through PSC or through other Governmental agencies. The attempt of the Library Council to make recruitments through W.P.(C) No.15732 & 19769 of 2020 : 31 : Autonomous Governmental body like LBS did not materialise due to paucity of funds and due to declining of permission by the Government of Kerala. It was only in the year 2018 that appointments in the Library Council were entrusted with the Public Service Commission. 25. The Kerala Public Service Commission (Additional Functions as Respects of the Library Councils) Act, 2014 was published in the Kerala Gazette on 23.12.2014. The Act is mandated to take effect with effect from 20.07.2014. In view of Section 13 of the Act, 2014, the Kerala State Library Council shall consult the PSC on all matters relating to the letter of appointment of the officers and employees of the Library Council. However, the Government has not yet issued any notification as per Section 4 of the Act. The situation therefore is that the provisions of the Act cannot be legally applied to the Library Council now. Unless Rules and Regulations are properly framed, it cannot be decided as to the posts which come under the purview of the PSC. In the present circumstances, in the absence of Regulations, W.P.(C) No.15732 & 19769 of 2020 : 32 : consultative process with PSC is of no consequence. 26. The temporary employees were appointed in the year 2006. They were selected after a selection process by a Staff Selection Committee constituted by the Library Council. The appointments were made in administrative exigencies. The Library Council had attempted to fill up the posts by engaging an Autonomous Body, LBS. The Government did not sanction requisite funds for conducting the selection and instead directed the Council to stop the recruitment proceedings. It was under these circumstances that the appointments of temporary hands were resorted to. They were appointed against sanctioned posts. 27. The fact that the temporary employees so appointed satisfy the qualification prescribed for holding the posts, is not in dispute. The pleadings in the writ petitions would show that they were recruited after a selection conducted after notification of vacancies and through a selection process. The Library Council decided to regularise the service of the temporary appointees. The Council of W.P.(C) No.15732 & 19769 of 2020 : 33 : Ministers also was in favour of regularisation of those employees who were appointed in administrative exigencies. The subsequent Government, however, revoked the decision as per GO dated 29.08.2011 to regularise the service of the temporary employees. 28. When attempts were made to terminate their services, the temporary employees filed W.P.(C) No.10958/2012. This Court held that the Government did not have the power to terminate the services of the temporary employees who were appointed by the Library Council. Though W.A. No.1837/2013 was filed against the judgment in W.P.(C) No.10958/2012, the said writ appeal was closed as the Advocate General submitted that the Library Council has been framing a Scheme based on the decision rendered by the Hon’ble Supreme Court in _**State of Jammu & Kashmir v. District Bar Association, Bandipora**_ (supra). 29. The Scheme for regularisation of the temporary employees was framed based on the judgment of the Apex Court in _**State of Jammu & Kashmir v. District Bar**_ W.P.(C) No.15732 & 19769 of 2020 : 34 : _**Association, Bandipora**_ (supra). The judgment of this Court in W.A. No.1837/2013 has not been subjected to challenge by any of the parties. By the judgment in W.A. No.1837/2013, this Court has recorded the submission made by the Advocate General regarding framing of a Scheme for regularisation of temporary employees. Regularisation of the temporary employees made pursuant to a Scheme of regularisation, cannot be said to be illegal or arbitrary. 30. In paragraph 53 of the judgment of the Apex Court in _**Umadevi**_ (supra), the Apex Court has held that there may be cases where irregular appointments (not illegal appointments) as explained in _**State of Mysore v. S.V. Narayanappa** [AIR 1967 SC 1071],_ _**R.N. Nanjundappa v. T. Thimmiah** [(1972) 1 SCC 409] and_ _**B.N. Nagarajan v. State of Karnataka** [(1979) 4 SCC 507]_ , of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of Tribunals. The question of regularisation of the services of W.P.(C) No.15732 & 19769 of 2020 : 35 : such employees may have to be considered on merits in the light of the principles settled by the Hon’ble Apex Court. In fact, in the judgment in _**Umadevi**_ (supra), the Hon’ble Apex Court held that the Union of India, the State Governments and their instrumentalities should take steps to regularise as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of Tribunals. The Apex Court also clarified that regularisation, if any, already made, but not sub judice need not be reopened, but there should be no further bypassing of the constitutional requirement. 31. Taking into consideration the facts of the case and the context under which temporary employees were appointed in exigencies of service and also taking into consideration the years of service rendered by such temporary employees, I am of the view that no interference is called for in the decision taken by the Library Council and the Government, to regularise the services of the temporary W.P.(C) No.15732 & 19769 of 2020 : 36 : employees as per a duly framed Scheme. 32. The petitioners in these writ petitions cannot stake claim on the posts in which the temporary employees were regularised. The petitioners were selected by the Public Service Commission for appointment to the posts of Lower Division Clerks to various Departments in Kerala Government Service and in the institutions under the Government. The rank lists would not indicate that appointments were to be made in the Library Council from among the candidates included in the rank lists. The Joint Secretary to Government, Department of Higher Education has also filed a counter affidavit stating that PSC has to notify separately for the vacancies of State Library Council and that the rank holders included in the rank lists prepared for filling vacancies of clerks in various Government Departments cannot get appointment in the Kerala State Library Council. Hence, the petitioners cannot raise a grievance against appointments in the Library Council based on their inclusion in PSC rank list. W.P.(C) No.15732 & 19769 of 2020 : 37 : The writ petitions are therefore devoid of any merit and are dismissed. Sd/- **N. NAGARESH, JUDGE** aks W.P.(C) No.15732 & 19769 of 2020 : 38 : ## **APPENDIX OF WP(C) 15732/2020** ## **PETITIONER'S EXHIBITS** **Exhibit P16 TRUE COPY OF THE CIRCULAR NO. 55/2022/FIN DATED 08.07.2022 ISSUED BY THE GOVERNMENT OF KERALA.** ## **RESPONDENT'S EXHIBITS** **Exhibit R10(a) TRUE COPY OF THE COMMUNICATION DT. 4.7.2007 ISSUED BY THE 2ND RESPONDENT COUNCIL. Exhibit R10(b) TRUE COPY OF THE COMMUNICATION DT. 5.10.2007 ISSUED BY THE 2ND RESPONDENT COUNCIL. Exhibit R10(c) TRUE COPY OF THE COMMUNICATION DT. 10.12.2007 ISSUED BY THE 2ND RESPONDENT COUNCIL. Exhibit R10(d) TRUE COPY OF THE COMMUNICATION DT. 15.2.2008 ISSUED BY THE 2ND RESPONDENT COUNCIL. Exhibit R10(e) TRUE COPY OF THE COMMUNICATION DT. 5.6.2008 ISSUED BY THE 2ND RESPONDENT COUNCIL. Exhibit R10(f) TRUE COPY OF THE MINUTES DATED 7.6.2005 OF THE STAFF SELECTION COMMITTEE. Exhibit R10(g) TRUE COPY OF THE MINUTES DATED 16.06.2005 OF THE STAFF SELECTION COMMITTEE. Exhibit R10(h) TRUE COPY OF THE ORDER DATED 6.10.2008 OF THE 2ND RESPONDENT COUNCIL. Exhibit R10(i) TRUE COPY OF THE COMMUNICATION DATED 20.06.1995 ISSUED BY THE GOVERNMENT. Exhibit R2(a) A TRUE COPY OF THE DECISION OF THE KERALA STATE LIBRARY COUNCIL DATED 28.06.2007 Exhibit R2(a) A TRUE COPY OF ORDER OF THE SECRETARY OF THE KERALA STATE LIBRARY COUNCIL BEARING NO. 1257/2008 DATED 06.10.2008.** W.P.(C) No.15732 & 19769 of 2020 : 39 : **Exhibit R2(c) A TRUE COPY OF THE ORDER NO. D21037/2020 DATED 27/07.2020 Exhibit R2(d) A TRUE COPY OF THE ORDER NO. D21038/2020 DATED 27.07.2020.** ## **PETITIONER'S EXHIBITS** **Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 07.08.2020 IN W.A. NO. 1020 OF 2020 PASSED BY THIS HON'BLE COURT.** **Exhibit P15 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P) NO.81/209/FIN.DATED 09.07.2019 ALONG WITH APPENDIX.** ## **RESPONDENT'S EXHIBITS** **EXHIBIT R1(a) A STATEMENT SHOWING THE DATE OF PROVISIONAL APPOINTMENT AND DATE OF REGULARIZATION OF THE EMPLOYEES, WHO WERE INCLUDED IN THE EXT.P-10 ORDER.** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION ISSUED UNDER CATEGORY 414/2016 DATED 25.11.2016.** ## **RESPONDENT'S EXHIBITS** - **EXHIBIT R1(b) A STATEMENT SHOWING THE DATE OF PROVISIONAL APPOINTMENT AND DATE OF REGULARIZATION OF THE EMPLOYEES, WHO WERE INCLUDED IN THE EXT. P-12 ORDER.** **PETITIONER'S EXHIBITS** - **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST PREPARED FOR ERNAKULAM DISTRICT.** **EXHIBIT P3 TRUE COPY OF THE NOTIFICATION UNDER CATEGORY 071/2017 DATED 12.5.2017.** W.P.(C) No.15732 & 19769 of 2020 ## : 40 : |**EXHIBIT P3(A)**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| |---|---| ||**RANK LIST NO.460/18/DOR PUBLISHED BY**| ||**THE PSC.**| |**EXHIBIT P4**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**G.O.**| ||**(P)NO.124/2011/H.EDN**<br>**DEPT.**<br>**DATED**| ||**9.8.2011.**| |**EXHIBIT P5**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**G.O.**| ||**(MS)NO.164/2011/HED DATED 29.8.2011.**| |**EXHIBIT P6**|**TRUE COPY OF THE JUDGMENT DATED**| ||**2.12.2013 IN WPC NO.25087/2011 PASSED**| ||**BY THIS HON'BLE COURT.**| |**EXHIBIT P7**|**TRUE COPY OF THE JUDGMENT DATED**| ||**20.8.2014 IN W.P.(C) NO.10958/2012**| ||**PASSED BY THIS HON'BLE COURT.**| |**EXHIBIT P8**|**TRUE COPY OF THE JUDGMENT DATED**| ||**27.9.2017 IN W.A.NO.1837/2013 PASSED**| ||**BY THIS HON'BLE COURT.**| |**EXHIBIT P9**|**TRUE COPY OF THE SCHEME FOR THE**| ||**REGULARIZATION**<br>**OF**<br>**PROVISIONAL**| ||**EMPLOYEES IN THE SERVICE OF THE KERALA**| ||**STATE LIBRARY COUNCIL.**| |**EXHIBIT P10**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**G.O.**| ||**(P)NO.304/2018/HED DATED 18.12.2018.**| |**EXHIBIT P10(A)**|**TRUE COPY OF THE ORDER NO.D2-26/2020**| ||**DATED 6.1.2020 ISSUED BY THE 2ND**| ||**RESPONDENT.**| |**EXHIBIT P11**|**TRUE COPY OF THE JUDGMENT DATED**| ||**20.3.2019 IN WA NO.353/2019 PASSED BY**| ||**THIS HON'BLE COURT.**| |**EXHIBIT P12**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**G.O.**| ||**(P)NO.263/2020/H.ED. DATED 20.7.2020.**| |**EXHIBIT P13**|**TRUE COPY OF THE NOTE SUBMITTED TO THE**| ||**CABINET.**| |**RESPONDENT'S EXHIBITS**|| |**EXHIBIT R4(A)**|**TRUE COPY OF THE JUDGMENT DATED**| ||**8.1.2020 IN WPC NO 42121/2018**| W.P.(C) No.15732 & 19769 of 2020 : 41 : ## **APPENDIX OF WP(C) 19769/2020** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 A TRUE PHOTOCOPY OF THE GO(MS) NO.164/2011/HED DATED 29.08.2011 ISSUED BY THE 1ST RESPONDENT GOVERNMENT ALONG WITH ITS RETYPED COPY. EXHIBIT P2 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 20.08.2014, PASSED BY THIS HON'BLE COURT, IN WPC NO.10958 OF 2017. EXHIBIT P3 A TRUE PHOTOCOPY OF THE GO(MS) NO.304/2018/HED DATED 18.12.2018 ISSUED BY THE 1ST RESPONDENT GOVERNMENT REGULARIZING RESPONDENTS NO.4-15. EXHIBIT P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 20.03.2019, PASSED BY THIS HON'BLE COURT, IN WA(C)NO.353 OF 2015. EXHIBIT P5 A TRUE PHOTOCOPY OF THE GO(MS) NO.263/2020/HED DATED 20.07.2020 ISSUED BY THE 1ST RESPONDENT GOVERNMENT REGULARISING RESPONDENTS NO.16-63. RESPONDENT'S EXHIBITS EXHIBIT R6(A) TRUE COPY OF THE NOTIFICATION ISSUED BY THE PSC IN THE GAZETTE DATED 25.11.2016. EXHIBIT R6(B) TRUE COPY OF THE COMMUNICATION DT. 4.7.2007 ISSUED BY THE 2ND RESPONDENT COUNCIL. EXHIBIT R6(C) TRUE COPY OF THE COMMUNICATION DT. 5.10.2007 ISSUED BY THE 2ND RESPONDENT COUNCIL. EXHIBIT R6(D) TRUE COPY OF THE COMMUNICATION DT. 10.12.2007 ISSUED BY THE 2ND RESPONDENT COUNCIL. EXHIBIT R6(E) TRUE COPY OF THE COMMUNICATION DT. 15.2.2008 ISSUED BY THE 2ND RESPONDENT COUNCIL.** W.P.(C) No.15732 & 19769 of 2020 : 42 : **EXHIBIT R6(F) TRUE COPY OF THE COMMUNICATION DT. 5.6.2008 ISSUED BY THE 2ND RESPONDENT COUNCIL. EXHIBIT R6(G) TRUE COPY OF THE MINUTES DATED 7.6.2005 OF THE STAFF SELECTION COMMITTEE. EXHIBIT R6(H) TRUE COPY OF THE MINUTES DATED 16.6.2005 OF THE STAFF SELECTION COMMITTEE.** **EXHIBIT R6(I) TRUE COPY OF THE ORDER DATED 6.10.2008 OF THE 2ND RESPONDENT COUNCIL. EXHIBIT R6(J) TRUE COPY OF THE ORDER, G.O. DATED 9.8.2011 ISSUED BY THE GOVERNMENT. EXHIBIT R6(K) TRUE COPY OF THE JUDGMENT DATED 27.9.2017 IN W.A.NO.1837/2013 OF THIS HON'BLE COURT.** **EXHIBIT R10(a) TRUE COPY OF THE JUDGMENT DATED 2.12.2013 IN WP(C) NO.25087/2011. EXHIBIT R10(b) TRUE COPY OF THE JUDGMENT DATED 27.09.2017 IN W.A. NO.1837/2013. EXHIBIT R10(c) TRUE COPY OF THE SCHEME FRAMED BY THE KERALA LIBRARY COUNCIL FOR REGULARISATION OF PROVISIONAL EMPLOYEES.**