High Court of KeralaSingle JudgeWrit petitions allowed; the District Judge’s ob...

WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023

Case / Petition Number:WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2023-08-22
Court Decision / Holding
The writ petitions are allowed. The observations of the learned District Judge regarding the petitioners are set aside. The District Judge is directed to reconsider the petitioners’ credentials, following the procedure mandated by law and as guided by Aju Mathew (supra). The District Collector shall place inputs before the District Judge, who must arrive at a final determination with specific reasons if any petitioner is found not deserving of inclusion in the Final Panel. The final Panel, revised as necessary, shall be forwarded to the Government for appointment. The exercise must be completed within two months from the date of receipt of a copy of this judgment.
Final Disposition
Writ petitions allowed; the District Judge’s observations setting out disqualification grounds are set aside; the District Judge to reconsider the petitioners’ credentials with inputs from the District Collector, and to issue a final panel with explicit grounds if any candidate is found unfit; the Government to act on the revised panel; two-month deadline imposed for completion.

Parties to the Case

Appellants / Petitioners

  • SANJEESH S.S
  • SALIMSHA U
  • THULASIKUMAR.R
  • S.M. RAFEEK
  • KANIRAJ
  • NISSAM. A
  • PRATHEESH MOHAN
  • AJIKHAN

Respondents

  • STATE OF KERALA
  • CHIEF SECRETARY, GOVERNMENT OF KERALA
  • SECRETARY, HOME DEPARTMENT
  • SECRETARY, LAW DEPARTMENT (INSPECTION)
  • DIRECTOR GENERAL OF PROSECUTION
  • DISTRICT COLLECTOR, THIRUVANANTHAPURAM
  • DISTRICT AND SESSIONS JUDGE, THIRUVANANTHAPURAM

Legal Representation & Advocates

Counsels for Petitioners

  • • THOMAS ABRAHAM
  • • MERCIAMMA MATHEW
  • • ASWIN.P.JOHN
  • • R.ANANTHAPADMANABAN
  • • PAUL BABY
  • • M.R.SARIN
  • • LEKSHMI S.R
  • • PARVATHI KRISHNA
  • • K.SIJU
  • • S.ABHILASH
  • • ANJANA KANNATH
  • • MATHEW KURIAKOSE
  • • K.R.ARUN
  • • T.G.SUNIL (PERUMBAVOOR)
  • • J.KRISHNAKUMAR (ADOOR)
  • • C.N.PRAKASH
  • • MONI GEORGE
  • • SHAJI P.K.
  • • MAJIDA.S
  • • MUHAMMED SUHAIL K.H.

Counsels for Respondents

  • • SHRI.N.MANOJ KUMAR, STATE ATTORNEY
  • • K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY

Case Synopsis & Summary

These consolidated writ petitions, filed in the Kerala High Court, challenge the process and outcome of selecting and appointing Additional Government Pleaders and Additional Public Prosecutors in Thiruvananthapuram. The petitioners allege that, although a list of candidates was prepared by the District Collector as per this Court’s directions in Aju Mathew and others v. State of Kerala (2018(5) KHC 770), they were excluded from the Final Panel without any stated, valid reasons, in contravention of statutory rules and the Court’s earlier declarations. They argue that the District Judge’s observations that certain names were not “recommended” were made without specifying grounds, thus stigmatizing their professional competence. Respondents respond by pointing out that the process is governed by statutory inputs and that the District Judge’s opinion on competence is crucial, with the District Collector merely compiling the candidate list and forwarding inputs to the District Judge for final decision. The court intercedes, holding that the District Judge must provide “specific grounds” for any disqualification and that there has to be a reconsideration of the petitioners’ credentials. It directs a two-month timeline for the District Judge to reassess, with inputs from the District Collector, and for the Government to act on the revised Final Panel, consistent with Aju Mathew ( supra ).

Provisions of Law Cited

Rule 8 of the Kerala Government Law Officer (appointment and conditions of service) Rules (KGLO Rules)Conduct of Case Rules, 1978

Legal Doctrines & Maxims

  • Aju Mathew (supra) principle guiding the appointment process: District Collector to compile inputs and District Judge to assess competence; final Panel to be prepared and placed before Government.
  • Specific grounds for rejection: rejection or disapproval of a candidate by the District Judge must be for valid and specified grounds; failure to provide grounds constitutes improper conduct.
  • Stigma to professional competence: refusal or disqualification without reasons may stigmatize a candidate’s career; the Court requires transparency and justification.
  • The decision in Aju Mathew (supra) is to be followed; District Judge’s observations must be recorded with reasons and inputs considered for final Panel.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the District Judge’s observations in Ext.P4 that they were not ‘recommended’ were made without any recorded reasons, violating Rule 8 of the KGLO Rules and the direction in Aju Mathew (supra). They submit that the District Collector has only to compile inputs; the District Judge must assess competence with specific grounds. They request reconsideration of their credentials and inclusion in the Final Panel, dehors the remarks already recorded, to prevent stigma and ensure fair consideration.

Contentions of Respondents

The State argues that appointment actions are governed by statutory inputs and that the District Judge’s assessment of competence is essential; the District Collector’s role is to provide inputs and forward a Final Panel to the Government after District Judge’s recommendations. They rely on the established procedure (Aju Mathew, supra) and contend that the two-stage process must continue with due grounds for disqualification; objections must be addressed through formal proceedings and proper grounds in the final panel.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Aju Mathew and others v. State of Kerala represented by its Secretary, Thiruvananthapuram and others2018(5) KHC 770PositiveCited as the controlling authority on the process for appointing government advocates and the need for a reasoned, grounds-based rejection and for reconsideration of the panel.
W.P.(C) 31269 of 202231269/2022PositiveJudgment dated 11/11/2022 cited as Ext.P4 to support the need for hearing and grounds-based conclusions in appointments and to guide the reconsideration process.

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Extracted Judgment Text

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# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## `WP(C) NO. 15015 OF 2023` ## `PETITIONER:` ``` SANJEESH S.S AGED 46 YEARS S/O SURENDRAN K, RESIDING AT T.C 32/683 (2), PRAYAGA RLRA 209 (C ) RADHAKRISHNA LANE, VAZHAYILA, PEROORKADA P O, THIRUVANANTHAPURAM, PIN - 695005 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2SECRETARY, HOME DEPARTMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3SECRETARY, LAW DEPARTMENT (INSPECTION) GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN - 681018 5DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 6DISTRICT AND SESSIONS JUDGE, THIRUVANANTHAPURAM VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY() K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 2 ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).15046/2023, 15644/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 3 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## `WP(C) NO. 15046 OF 2023` ## `PETITIONER:` ``` SALIMSHA U AGED 53 YEARS S/O UMMAR PILLAI, RESIDING AT BHAKTI VILASOM, KADAKOM P.O., THIRUVANANTHAPURAM, PIN - 695304 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ``` ## `RESPONDENTS:` |`1`|`STATE OF KERALA`| |---|---| ||`REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA,`| ||`SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`| |`2`|`SECRETARY, HOME DEPARTMENT`| ||`GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,`| ||`PIN - 695001`| |`3`|`SECRETARY, LAW DEPARTMENT (INSPECTION)`| ||`GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,`| ||`PIN - 695001`| |`4`|`DIRECTOR GENERAL OF PROSECUTION`| ||`DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN - 681018`| |`5`|`DISTRICT COLLECTOR, THIRUVANANTHAPURAM`| ||`2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD,`| ||`THIRUVANANTHAPURAM, PIN - 695043`| |`6`|`DISTRICT AND SESSIONS JUDGE, THIRUVANANTHAPURAM`| ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 4 ``` VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).15015/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 5 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## `WP(C) NO. 15644 OF 2023` ## `PETITIONER:` ``` THULASIKUMAR.R AGED 50 YEARS S/O. RAMAYYAPILLAI, POOMANGALAM, PERUMKOOR, KONCHIRA P.O, THIRUVANANTHAPURAM, PIN - 695615 BY ADVS. M.R.SARIN LEKSHMI S.R PARVATHI KRISHNA ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2SECRETARY HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3SECRETARY LAW DEPARTMENT (INSPECTION), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN - 681018 5DISTRICT COLLECTOR THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 6THE DISTRICT AND SESSIONS JUDGE THIRUVANANTHAPURAM, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 6 ``` BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).15015/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 7 ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ``` WP(C) NO. 15775 OF 2023 ``` ## `PETITIONERS:` ``` 1S.M. RAFEEK AGED 54 YEARS S/O SAINULABDEEN, RAFEEK MANZIL, PUTHUSSERI MUKKU P.O, KARAVARAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695605 2KANIRAJ AGED 49 YEARS S/O P.RAJENDRAN, KARTHIKA, PEDIKULAM, PULIMATH P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695612 3NISSAM. A AGED 47 YEARS S/O ABOOBACKER KUNJU, T.K HOUSE, CHANNANKARA P.O, KANIYAPURAM VIA, THIRUVANANTHAPURAM DISTRICT, PIN - 695301 BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 2THE SECRETARY HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3THE SECRETARY ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 8 ``` LAW DEPARTMENT (INSPECTION), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN - 681018 5DISTRICT COLLECTOR THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 6DISTRICT AND SESSIONS JUDGE THIRUVANANTHAPURAM, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).15015/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 9 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## `WP(C) NO. 19544 OF 2023` ## `PETITIONER:` ``` PRATHEESH MOHAN, ADVOCATE AGED 34 YEARS S/O. MOHANAN, SOBHA NIVAS, SREEKRISHNAPURAM, POWDIKONAM P.O., THIRUVANANTHAPURAM,, PIN - 695588 BY ADVS. MATHEW KURIAKOSE K.R.ARUN T.G.SUNIL (PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) C.N.PRAKASH MONI GEORGE SHAJI P.K. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2PRINCIPAL SECRETARY HOME DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3SECRETARY, LAW DEPARTMENT (INSPECTION) GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, ERNAKULAM, KOCHI, PIN - 682018 5DISTRICT AND SESSIONS JUDGE, ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 10 ``` THIRUVANANTHAPURAM, DISTRICT COURT COMPLEX, THIRUVANANTHAPURAM, PIN - 695035 6DISTRICT COLLECTOR THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION, THIRUVANANTHAPURAM, PIN - 695043 BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).15015/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 11 ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ``` WP(C) NO. 20804 OF 2023 ``` ## `PETITIONER:` ``` AJIKHAN AGED 48 YEARS S/O. A. MEERA SAHIB, RESIDING AT M.S MAHAL, KARAKULAM PLAM JUNCTION, KARAKULAM P.O, THIRUVANANTHAPURAM, PIN - 695564 BY ADVS. MAJIDA.S MUHAMMED SUHAIL K.H. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2SECRETARY HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3SECRETARY LAW DEPARTMENT (INSPECTION), GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN - 682018 5DISTRICT COLLECTOR THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 6DISTRICT AND SESSIONS JUDGE THIRUVANANTHAPURAM, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 12 ``` BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, ALONG WITH WP(C).15015/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 13 **==> picture [78 x 11] intentionally omitted <==** ## `JUDGMENT` ``` The petitioners in these cases applied to be appointed as Additional Government Pleaders and Additional Public Prosecutors in the district of ``` ``` Thiruvananthapuram; and it is conceded that a ``` ``` list of such persons were drawn up by the District Collector and placed before the learned District Judge, Thiruvananthapuram in terms of the directions of this Court in Aju Mathew and others vs. State of Kerala represented by its Secretary, Thiruvananthapuram and others [2018(5) KHC 770]. ``` ``` 2.The petitioners project their grievance that, even though the learned District Judge is stated to have made an assessment of all the persons in the list provided to him by the ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 14 ``` District Collector, they were excluded from the Final Panel prepared in terms ofAju Mathew (supra), but without assigning any reason whatsoever. They assert that they are all experienced lawyers, with sufficient period of practice; and therefore, that they could not have ``` ``` been found incapable of being recommended by the learned District Judge, as has been done in these cases. They thus pray that the Panel now prepared by the District Collector - in which their names have been included, with the remark that they are “not recommended” by the learned District Judge - be set aside; and the Government of Kerala be directed to consider them also for ``` ``` appointment to the post in question. ``` ``` 3.Sri.Thomas Abraham – learned counsel for the petitioners in WP(C)No.15015 of 2023 and ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 15 ``` 15046/2023, argued that, subsequent toAju ``` ``` Mathew (supra), a learned Judge of this Court considered the law again, to issue judgment in WP(C)No.31269/2022 and connected matters - a copy ``` ``` of which is on recorded as Ext.P4 along with ``` ``` WP(C)No.15015/2023. He pointed out that, in ``` ``` paragraph nine of the afore said judgment, the learned Judge has held that the word ‘specific grounds’ mentioned in Rule 8(2)(c) of the Kerala ``` ``` Government Law Officer (appointment ad conditions ``` ``` of service) and Conduct of Case Rules, 1978 ``` ``` (“KGLO Rules” for short hereinafter) assumes great relevance as it indicates that rejection of names can be only for valid reasons. He argued out that, therefore, when his clients have been ``` ``` found not deserving of being “recommended” by the ``` ``` learned District Judge, but without being ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 16 ``` recorded or told as to why this has been so held, ``` ``` it amounts to violation of the declarations of ``` ``` law by this Court in Aju Mathew (supra), as also, Ext.P4 in WP(C)No.15015 of 2023. He thus prayed that the Government be directed to consider his clients also for appointment to the posts in question,dehors the remarks recorded against them in the Panel now prepared by the District Judge. ``` ``` 4.Smt.S.Majida - learned counsel for the petitioner in WP(C)No.20804 of 2023; Sri.Siju Kamalasanan – learned counsel for the petitioners ``` ``` in WP(C)No.15775 of 2023; Smt.Mathew Kuriakose – learned counsel for the petitioners in WP(C)No.19544/2023 and Sri.Sarin Panickar – learned counsel for the WP(C)NO.15644/2023, adopted the afore submissions of Sri.Thomas ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 17 ``` Abraham, arguing that, when their clients have been refused to be “recommended” by the learned ``` ``` District Judge, but without assigning any reason, ``` ``` it amounts to a stigma to their future ``` ``` professional competence; and hence that they are ``` ``` also now eligible to be considered for ``` ``` appointment by the Government from the Panel preparedbytheDistrictCollector, ``` ``` notwithstanding the “remarks” of the learned District Judge. ``` ``` 5.The submissions of the petitioner being ``` ``` recorded as afore, it is without doubt - as is admitted by both sides, that the appointment of persons to the posts in question is wholly ``` ``` covered by the decision of the learned Division ``` ``` Bench of this Court in Aju Mathew (supra). It is also without contest that, as per the said ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 18 ``` judgment, the District Collector is to compile ``` ``` the list of all the applicants and forward it to the learned District Judge, with all inputs and information as stipulated statutorily, based on which the learned District Judge is to arrive at ``` ``` his conclusion as to the competence and ``` ``` suitability of such candidates. The District Collector is to then prepare a Panel of ``` ``` candidates, who have been so recommended by the learned District Judge. ``` ``` 6.No doubt, Rule 8 of the “KGLO Rules” ``` ``` mandate that the learned District Judge can ``` ``` disapprove a particular name only for specified ``` ``` grounds. It is without contest that none of the petitioners in these cases have been informed why they have been found not eligible for being ``` ``` recommended by the learned District Judge and ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 19 ``` there is no input on record to indicate the ``` ``` reasons in any manner whatsoever. ``` ``` 7.I, therefore, asked the learned State ``` ``` Attorney - Sri.N.Manoj Kumar, has to if there are ``` ``` any input available with the District Collector ``` ``` as to why the petitioners were found not ``` ``` deserving of being recommended by the learned District Judge, to which, his answer was to the negative. He explained that, as far as the District Collector is concerned, he can only ``` ``` prepare a Panel from out of the names recommended by the learned District Judge and no more; and ``` ``` that he will have to then forwarded it to the ``` ``` Government, for appointments to be made from it finally. He submitted that, therefore, the ``` ``` Official respondents will abide by any directions to be issued by this Court in this writ petition. ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 20 ``` 8.As I have already indited above, no independent power is vested with the District Collector in the preparation of either the List of candidates who have applied; or the Final Panel of such persons. As far as the said officer is concerned, he compiles the list of candidates and sents it to the learned District Judge with all necessary inputs as statutorily required; and then, based on the recommendations of the said Authority, he is to then prepare a Final Panel and forward it to the Government, from which, the appointments are made. ``` ``` 9.Therefore, what is crucial is the opinion of the learned District Judge with respect to the competence and suitability of the applicants; and here, certainly, the observations in Ext.P4 judgment - produced along with WP(C)No.15015/2023 ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 21 ``` - assumes some importance. The conclusion therein ``` ``` indubitable to the effect is that the word ‘specific grounds'; relating to the rejection of a candidate by the learned District Judge, assumesgreatimportancebecausesuch ``` ``` rejection/recording of disapproval, can be done only for valid and specified cause. Since the records to these writ petitions reveals no such having been intimated to the petitioners, I am ``` ``` certainly of the view that their cases will require to be reconsidered by the learned District Judge, leading to the revision of the Panel, now prepared by the District Collector, in in terms of law, if it becomes so warranted. ``` ``` In the afore circumstances, I allow these ``` ``` writ petitions and set aside the observations of learned District Judge as regards the petitioners ``` `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 22 ``` herein; with a consequential direction to the said Authority to reconsider their credentials, based on the inputs to be placed before him by the District Collector, as per the mandate in Aju Mathew (supra). The learned District Judge shall reconsider the competence of the petitioners, following the procedure as is legally mandated; and will thereupon take a final ``` ``` decision, recording specific grounds if they or any of them are found to be not deserving of being included in the Final Panel. The decision of the learned District Judge shall be specificallyrecordedintheresultant proceedings, to be then forwarded to the District Collector for the preparation of the Final Panel, to be then placed before the Government for appointment. ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` `19544/2023, 20804/2023]` 23 ``` The afore exercise shall be completed by the ``` ``` learned District Judge as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment; consequent to which, the District Collector will, depending upon the decision to be taken by the said Authority, revise the Panel, if so warranted and place it before the Government for final action. ``` ``` Sd/- ``` ## `DEVAN RAMACHANDRAN` ``` JUDGE ``` ``` SAS ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` # `19544/2023, 20804/2023]` 24 ## `APPENDIX OF WP(C) 15046/2023` ``` PETITIONER’S EXHIBITS: EXHIBIT P1THE TRUE COPY OF THE NOTICE NO.DCTVM/9106/2022-C-3 DATED 22.10.2022 Exhibit2THE TRUE COPY OF THE PANEL FOR THE POST OF ADDITIONAL GOVERNMENT PLEADERS AND ADDITIONAL PUBLIC PROSECUTORS IN VARIOUS COURTS IN ATTINGAL AND THIRUVANANTHAPURAM DATED 28-3- 2023 OBTAINED BY THE PETITIONER THROUGH RIGHT TO INFORMATION ACT EXHIBIT P3THE TRUE COPY OF THE JUDGMENT DATED 11/11/2022 IN W.P.(C) NO.31269 OF 2022 ``` ## `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023]` 25 ## `APPENDIX OF WP(C) 15644/2023` ``` PETITIONER’S EXHIBITS: ``` ``` Exhibit P1THE TRUE COPY OF THE NOTICE PUBLISHED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM FOR THE ADDITIONAL GOVERNMENT PLEADER AND ADDITIONAL PUBLIC PROSECUTORS IN THE DISTRICT OF THIRUVANANTHAPURAM DATED 22.10.2022 Exhibit P2THE TRUE COPY OF E-MAIL SEND BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM TO THE PETITIONER, SAID COMMUNICATION NO DCTVM/9106/2022 DATED 22.02.2023 Exhibit P3THE TRUE COPY OF PANEL FOR THE POST OF ADDITIONAL GOVERNMENT PLEADERS AND ADDITIONAL PUBLIC PROSECUTORS IN VARIOUS COURTS IN ATTINGAL AND THIRUVANANTHAPURAM DATED 28/3/2023 OBTAINED BY THE PETITIONER THROUGH RIGHT TO INFORMATION ACT Exhibit P4THE TRUE COPY OF THE JUDGMENT DATED 11/11/2022 IN WP (C) NO 31269 OF 2022 ``` # `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023,` # `19544/2023, 20804/2023]` 26 ## `APPENDIX OF WP(C) 15775/2023` ``` PETITIONER’S EXHIBITS: ``` ``` Exhibit P1THE TRUE COPY OF THE NOTICE DATED 22.10.2022 Exhibit P2THE TRUE COPY OF THE COMMUNICATION NO.DCTVM/9106/2022 DATED 22.02.2023 Exhibit P3THE TRUE COPY OF PANEL FOR THE POST OF ADDITIONAL GOVERNMENT PLEADERS AND ADDITIONAL PUBLIC PROSECUTORS IN VARIOUS COURTS IN ATTINGAL AND THIRUVANANTHAPURAM DATED 28/03/2023 OBTAINED UNDER RIGHT TO INFORMATION ACT BY ANOTHER CANDIDATE ON 29.04.2023 Exhibit P4THE TRUE COPY OF THE JUDGMENT DATED 11/11/2022 IN W.P.(C) NO.31269 OF 2022 ``` ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, 19544/2023, 20804/2023] ``` 27 ## `APPENDIX OF WP(C) 19544/2023` |`PETITIONER’S EXHIBITS:`|| |---|---| |`Exhibit P 1`|`A TRUE COPY OF THE NOTICE NO. DCTVM/9106/2022-`| ||`C3 DATED 22.10.2022 PUBLISHED BY THE 6TH`| ||`RESPONDENT, DISTRICT COLLECTOR`| |`Exhibit P 2`|`TRUE COPY OF THE COMMUNICATION NO.`| ||`DCTVM/9106/2022-C3 DATED 22/02/2023 ISSUED BY`| ||`THE BY THE 6TH RESPONDENT, DISTRICT COLLECTOR`| |`Exhibit P 3`|`TRUE COPY OF THE COMMUNICATION DATED`| ||`02.03.2023 ISSUED BY THE PETITIONER TO THE 6TH`| ||`RESPONDENT WITH DETAILS OF THE JUDGMENTS`| |`Exhibit P 4`|`TRUE COPY OF THE PANEL OF ADVOCATES FOR THE`| ||`POST OF ADDITIONAL GOVERNMENT PLEADERS AND`| ||`ADDITIONAL PUBLIC PROSECUTORS IN VARIOUS`| ||`COURTS IN ATTINGAL, NEDUMANGADU AND`| ||`THIRUVANANTHAPURAM AND PUBLISHED BY THE 6TH`| ||`RESPONDENT`| ``` [WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023, ``` # `19544/2023, 20804/2023]` 28 ## `APPENDIX OF WP(C) 20804/2023` ``` PETITIONER’S EXHIBITS: ``` ``` Exhibit P1TRUE COPY OF THE NOTICE DATED 22.10.2022 PUBLISHED BY THE DISTRICT COLLECTOR Exhibit P2TRUE COPY OF THE COMMUNICATION NUMBER DCTVM/9106/2022 DATED 22.02.2022 INTIMATED BY THE DISTRICT COLLECTOR TO THE PETITIONER THROUGH EMAIL Exhibit P3TRUE COPY OF THE PANEL FOR THE POST OF ADDITIONAL GOVERNMENT PLEADER AND POST OF ADDITIONAL PUBLIC PROSECUTOR IN VARIOUS COURTS IN TRIVANDRUM AND ATTINGAL DATED 28.03.2023 OBTAINED BY ONE OF THE CANDIDATE THROUGH RIGHT TO INFORMATION ACT. ``` ## `[WP(C) Nos.15015/2023, 15046/2023, 15644/2023, 15775/2023,` # `19544/2023, 20804/2023]` 29 ## `APPENDIX OF WP(C) 15015/2023` ``` PETITIONER’S EXHIBITS: ``` ``` EXHIBIT P1THE TRUE COPY OF THE NOTICE NO.DCTVM/9106/2022-C3 DATED 22.10.2022 EXHIBIT P2THE TRUE COPY OF THE SAID COMMUNICATION NO.DCTVM/9106/2022 DATED 22.02.2023 EXHIBIT P3THE TRUE COPY OF PANEL FOR THE POST OF ADDITIONAL GOVERNMENT PLEADERS AND ADDITIONAL PUBLIC PROSECUTORS IN VARIOUS COURTS IN ATTINGAL AND THIRUVANANTHAPURAM DATED 28/03/2023 OBTAINED BY THE PETITIONER THROUGH RIGHT TO INFORMATION ACT EXHIBIT P4THE TRUE COPY OF THE JUDGMENT DATED 11/11/2022 IN W.P.(C) NO.31269 OF 2022 ```