Writ Petition (Civil) Nos. 25418/2022, 25602/2022, 28539/2022 and 35716/2022, High Court of Kerala at Ernakulam

1 WPC 25418, 25602, 28539 & 35716/22 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ## **`TUESDAY, THE 6`** `[TH]` **`DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945`** ``` WP(C) NO. 25418OF 2022 ``` ## **`PETITIONER/S:`** - `1 MAITHILI AGED 43 YEARS D/O. DAMODARAN, CHERANDA HOUSE, PURATHUR P.O.,MALAPPURAM DISTRICT, PIN - 676102` - `2 BEENA AGED 48 YEARS D/O. C. KUTTAN CHANAYIL HOUSE, TRIPRANGODE P.O., ALATHIYOOR, MALAPPURAM DISTRICT, PIN - 676108` - `3 SREEMU T.P AGED 45 YEARS D/O. KORAN, THALUKATTUPARAMBIL, NIRAMARUTHUR P.O.,TIRUR, MALAPPURAM DISTRICT, PIN - 676109` ``` BY ADV C.M.MOHAMMED IQUABAL ``` ## **`RESPONDENT/S:`** ``` 1TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 676302 2THE SECRETARY TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 ``` ``` 3TANUR MUNICIPAL COUNCIL TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN., PIN - 676302 ``` ``` 4SHAMSUDHEEN.K S/O. MOHAMMED ABDUL KADER, KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 ``` ``` 5SHAMSUDHEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE, PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM DISTRICT, PIN - 676302 ``` - `6 IRSHAD K.P. S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` 2 WPC 25418, 25602, 28539 & 35716/22 - `7 VISHAKHAN.T S/O. SEKHARAN, TAILAPARAMBIL HOUSE, CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302` - `8 RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `9 NAJUMU.M W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `10 VINEESH.P PERALIPATTU HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `11 ANOOP KUMAR.V VARIYATH KALATHINGAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `12 NARAYANAN KUTTY.T S/O. APPUKUTTY, THARAYIL HOUSE, NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676303` - `13 IBRAHIM.K S/O. MOIDEENKUTTY, KALATHIL HOUSE, TANUR POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM DISTRICT, PIN - 676302` - `14 SUNITHA KUMARI.S POOKKAYIL BAZAR, POOKKAYIL P.O., TIRUR, MALAPPURAM DISTRICT, PIN - 676107` - `15 RENUKA K.V PULIYERI HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `16 BINDULEKHA .R CHITHRALAYAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `17 VASU C.T CHAMMEL THARAMMAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `18 REJULA E.K. KAPPIKUNNUMMAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 BY ADVS. HARISH R. MENON, SC, TANUR MUNICIPALITY ELVIN PETER P.J. Premsankar R K.R.GANESH GOURI BALAGOPAL ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S. ANU JOSEPH` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH WP(C).28539/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 WPC 25418, 25602, 28539 & 35716/22 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ## **`TUESDAY, THE 6`** `[TH]` **`DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945`** **==> picture [167 x 10] intentionally omitted <==** ## **`PETITIONER/S:`** ``` 1SHYJU AGED 39 YEARS S/O. PERUNDAN VYDYAN, MANAMMEL HOUSE, PANANGATTUR P.O., TANUR, MALAPPURAM DISTRICT, PIN - 676302 2SAJEESH AGED 39 YEARS S/O. SOMASUNDARAN, PULIKKAPATTU HOUSE, OZHUR P.O., MALAPPURAM DISTRICT, PIN - 676302 3SHEEBA AGED 41 YEARS W/O. RAJESH KUMAR, KURUKKANARI HOUSE, PARIYAPURAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 4SUMESH AGED 39 YEARS S/O. SHANMUKHAN V., AREEPARAMBIL HOUSE, PARIYAPURAM, EAST MUKKOLA, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 BY ADV C.M.MOHAMMED IQUABAL ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 THE EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101` - `3 TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 676302` - `4 THE SECREATRY TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `5 TANUR MUNICIPAL COUNSEL TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN., PIN - 676302` 4 WPC 25418, 25602, 28539 & 35716/22 ``` 6SHAMSUDHEEN.K S/O. MOHAMMED ABDUL KADER, KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 7SHAMSUDHEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE, PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM DISTRICT, PIN - 676302 8IRSHAD K.P S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 9VAISAKHAN S/O. SEKHARAN, TAILAPARAMBIL HOUSE, CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302 10RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 11NAJUMU .M W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 12NARAYANAKUTTY.T S/O. APPUKUTTY, THARAYIL HOUSE, NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676303 13IBRAHIM.K S/O. MOIDEENKUTTY, KALATHIL HOUSE, TANUR POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM DISTRICT, PIN - 676302 ``` ``` BY ADVS. HARISH R. MENON, SC, TANUR MUNICIPALITY ELVIN PETER P.J. K.R.GANESH GOURI BALAGOPAL ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S. ANU JOSEPH ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH WP(C).25418/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 WPC 25418, 25602, 28539 & 35716/22 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` TUESDAY, THE 6[TH] DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WP(C) NO. 25602 OF 2022 ``` ## **`PETITIONER/S:`** ``` 1DEENADAYAL AGED 48 YEARS S/O. GANAPATHY, MEERASADANAM HOUSE, KATTILANGADY, TANUR P.O., MALAPPURAM DISTRICT., PIN - 676302 2MUKESH V.P. AGED 33 YEARS S/O. VASUDEVAN, VALIYAPARAMBIL HOUSE, KATTILANGADY, TANUR P.O., MALAPPURAM DISTRICT., PIN - 676302 ``` ``` BY ADVS. C.M.MOHAMMED IQUABAL RAIHANATH T.H. ``` ## **`RESPONDENT/S:`** ``` 1TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 676302 2THE SECRETARY TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 3TANUR MUNICIPAL COUNCIL TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN, PIN - 676302 4SHAMSUDEEN K. S/O. MOHAMMED ABDUL KADER, KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 5SHAMSUDEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE, PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM DISTRICT, PIN - 676302 6IRSHAD K.P. S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 7VISAKHAN T. S/O. SEKHARAN, TAILAPARAMBIL HOUSE, CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302 8RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 ``` 6 WPC 25418, 25602, 28539 & 35716/22 - `9 NAJUMU M. W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `10 VINEESH P. PERALIPATTU HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `11 ANOOP KUMAR V. VARIYATH KALATHINGAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `12 NARAYANANKUTTY T. S/O. APPUKUTTY, THARAYIL HOUSE, NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676303` - `13 IBRAHIM K. S/O. MOIDEENKUTTY, KALATHIL HOUSE, TANUR POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM DISTRICT, PIN - 676302` - `14 SUNITHA KUMARI S. POOKKAYIL BAZAR, POOKKAYIL P.O., TIRUR, MALAPPURAM DISTRICT, PIN - 676107` - `15 RENUKA K.V. PULIYERI HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `16 BINDULEKHA R CHITHRALAYAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `17 VASU C.T. CHAMMEL THARAMMAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `18 REJULA E.K. KAPPIKUNNUMMAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 BY ADV HARISH R. MENON, SC, TANUR MUNICIPALITY` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH WP(C).25418/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 7 WPC 25418, 25602, 28539 & 35716/22 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` TUESDAY, THE 6[TH] DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 ``` ``` WP(C) NO.35716OF 2022 ``` ## **`PETITIONER/S:`** ``` BINDHU.N.V AGED 40 YEARS W/O. SURESH, NAYAR VEETTIL, TRITHALLUR, PURATHUR, PRESENTLY RESIDING AT THEKKEPURATH HOUSE, SCHOOLPADY, PARIYAPURAM P.O., TANUR, MALAPPURAM DISTRICT, PIN - 676302 ``` ``` BY ADV C.M.MOHAMMED IQUABAL ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 THE EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101` - `3 TANUR MUNICIPALITY TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 676302` - `4 THE SECRETARY TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `5 TANUR MUNICIPAL COUNCIL TANUR MUNICIPALITY, TANUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN., PIN - 676302` - `6 SHAMSUDEEN.K S/O. MOHAMMED ABDUL KADER, KAIJIRAJYARAKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `7 SHAMSUDEEN S/O. JAFFER MUSALIAR, PANATTIL HOUSE, PANANGATTUR P.O., PARIYAPURAM, MALAPPURAM DISTRICT, PIN - 676302` - `8 IRSHAD K.P. S/O. ISMAIL, KACHEENTEPURAKKAL HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302` - `9 VISAKHAN .T S/O. SEKHARAN, TAILAPARAMBIL HOUSE, CHIRAKKAL, TANUR, MALAPPURAM DISTRICT, PIN - 676302` 8 WPC 25418, 25602, 28539 & 35716/22 ``` 10RAFEEQ K.P. S/O. IBRAHIMKUTTY, OOTILANTEPURACKAL HOUSE, EDAKADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 11NAJUMU.M W/O. MOIDEEN KOYA, MULLAKANEKATH HOUSE, TANUR P.O., MALAPPURAM DISTRICT, PIN - 676302 12NARAYANANKUTTY.T S/O. APPUKUTTY,THARAYIL HOUSE, NEDUVA P.O., PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676303 13IBRAHIM .K S/O. MOIDEENKUTTY, KALATHIL HOUSE, TANUR POST, (VIA) KATTILANGADI, TANUR, MALAPPURAM DISTRICT, PIN - 676302 BY ADV HARISH R. MENON, SC, TANUR MUNICIPALITY ``` ## **`OTHER PRESENT:`** ## `ADV K. R GANESH` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH WP(C).25418/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 9 WPC 25418, 25602, 28539 & 35716/22 ## **JUDGMENT** (Dated this the 6[th] day of February 2024) **[WP(C) Nos.25418/2022, 28539/2022, 25602/2022 and 35716/2022]** All these Writ Petitions were heard together and disposed of by a common judgment since the issues arising in all these Petitions are one and the same. 2. For a proper consideration of the Writ Petitions, the facts in W.P.(C) 25418 of 2022, are stated below: The petitioners in W.P.(C) Nos. 25602 and 25418 of 2022 are working as contingent sanitary workers in the 1st respondent municipality for the last so many years. The petitioners in W.P.(C) Nos.28539 and 35716 of 2022 are sponsored by the Employment Exchange to the 3rd respondent Municipality to the post of sanitation works. They were sponsored by the Employment Exchange on the request of the 3rd respondent Municipality. 10 WPC 25418, 25602, 28539 & 35716/22 3. As far as the petitioners in the W.P.(C) Nos.25418 and 25602 of 2022 are concerned they approached this court by filing W.P.(C) Nos. 22050 of 2022 as well as 22050 of 2022 and this court by Ext.P8 judgment disposed of the Petitions as ## follows: “Having considered the contentions advanced and in view of the fact that the petitioners are admittedly working as contingent sanitary workers in the Municipality, I am of the opinion that they should also be considered for appointment to the post of permanent sanitary workers in the Municipality.” In the above view of matter, there will be a direction to the respondents to permit the petitioners also to participate in the selection process and in case they are found suitable, their claim for appointment shall also be duly considered. “ 4. Pursuant to the directions of this court, all the petitioners in the Petitions were allowed to participate in the selection process and Ext.P11 rank list was drawn which includes a separate list of the persons who have been allowed as per the directions of this court. On the basis of Ext.P11, Ext.P10 minutes was approved by the 11 WPC 25418, 25602, 28539 & 35716/22 Municipality. Therefore, the petitioners approached this court for quashing Ext.P10 Minutes of the Municipality and for a direction to permit the petitioners to continue in service and to take steps for regularisation in service. 5. A counter affidavit is filed by respondent Nos.1 to 3, denying all the contentions raised in the Writ Petitions. It was contended that the petitioners have no locus standi to file the petition. It is true that they have approached this court and obtained orders seeking direction to these respondents to allow them to participate in the selection process. In compliance with the directions, they were allotted to participate in the interview on 21[st] to 23[rd] July 2022. The selection committee consists of the Chairman of the Municipal Council, the Standing Committee Chairman, the Secretary, and the Health Inspector. Out of 118 participants 15 persons were selected by the selection committee based on their experience, native resident, physical fitness, financial status (APL or BPL), 12 WPC 25418, 25602, 28539 & 35716/22 literary etc. The committee strictly followed the principles of natural justice and through a transparent process, the rank list was drawn. There is no bias or arbitrariness in the selection process. A rank list was drawn for the general category as well as Muslim, EWS, ETB, Ezhava, SIUC, Nadar OBC, Dhivara, SC, STB, and also those who obtained orders from this court. 6. A counter affidavit is filed on behalf of respondent Nos.10, 11, and 14 to 18. 7. The primary contention raised by the petitioners is that though this court permitted the petitioners in WPC Nos.25418 and 25602 of 2022, the respondents 4 to 18 who have obtained orders from this court as per Ext.P9, were included in the rank list and none of the petitioners were included, which shows that the selection was not transparent. The persons who were sponsored by the Employment Exchange were also not 13 WPC 25418, 25602, 28539 & 35716/22 included in the rank list except for few persons in order to fulfill the required communal reservation. 8. It is to be noted that the petitioners have only challenged the decision of the Municipality and not the rank list. Ext.P11 rank list is drawn up after a selection process by giving marks to each of the candidates which is evident from the rank list itself. The selection was conducted by a selection committee which consisted of 5 persons. The committee evaluated each of the candidates and awarded marks, and Ext.P11 rank list was drawn. Unless and until the rank list is challenged, these petitions cannot be sustained. The contention raised by the petitioners is that the seniority of the petitioners who were working in the Municipality was not given weightage. 9. The counsel for the respondents relied on paragraph No.18 of the judgment of the apex court in **State of Orissa and** 14 WPC 25418, 25602, 28539 & 35716/22 ## **another v. Mamata Mohanty (2011 KHC 4118),** which reads ## as follows: ## “18. APPOINTMENT / EMPLOYMENT WITHOUT ADVERTISEMENT: At one time this Court had been of the view that calling the names from employment Exchange would curb to certain extent the menace of nepotism and corruption in public employment. But, later on, came to the conclusion that some appropriate method consistent with the requirements of Art. 16 should be followed. In other words there must be a notice published in the appropriate manner calling for applications and all those who apply in response thereto should be considered fairly. Even if the names of candidates are requisitioned from Employment Exchange, in addition thereto it is mandatory on the part of the employer to invite applications from all eligible candidates from the open market by advertising the vacancies in newspapers having wide circulation or by announcement in Radio and Television as merely calling the names from the Employment Exchange does not meet the requirement of the said Article of the Constitution. (Vide: Delhi Development Horticulture Employees’ Union v. Delhi Administration, Delhi and Others, AIR 1992 SC 789; State of Haryana and Others v. Piara Singh and Others, AIR 1992 SC 2130; Excise Superintendent Malkapatnam, Krishna District, A. P. v. K.B.N. Visweshwara Rao and Others, 1996 (6) SCC 216; Arun Tewari and Others v. Zila Mansavi Shikshak Sangh and Others, AIR 1998 SC 331; Binod Kumar Gupta and Others v. Ram Ashray Mahoto and Others, AIR 2005 SC 2103; National Fertilizers Ltd. and Others v. Somvir Singh, AIR 2006 SC 2319; Telecom District Manager and Others v. Keshab Deb, 2008 (8) SCC 402; State of Bihar v. Upendra Narayan Singh and Others, 2009 (5) SCC 65; and State of Madhya Pradesh and Another v. Mohd. Ibrahim, 2009 (15) SCC 214).” 15 WPC 25418, 25602, 28539 & 35716/22 ## 10. It was held **Tajvir Singh Sodhi v. State (UT of J&K)** , (2023 SCC online SC 344) as follows. **66.** Thus, the inexorable conclusion that can be drawn is that it is not within the domain of the Courts, exercising the power of judicial review, to enter into the merits of a selection process, a task which is the prerogative of and is within the expert domain of a Selection Committee, subject of course to a caveat that if there are proven allegations of malfeasance or violations of statutory rules, only in such cases of inherent arbitrariness, can the Courts intervene. **67.** Thus, Courts while exercising the power of judicial review cannot step into the shoes of the Selection Committee or assume an appellate role to examine whether the marks awarded by the Selection Committee in the _vivavoce_ are excessive and not corresponding to their performance in such test. Xxxxxx xxxxxx ## 68. xxxxxxxxxxxxx **69.** It is therefore trite that candidates, having taken part in the selection process without any demur or protest, cannot challenge the same after having been declared unsuccessful. The candidates cannot approbate and reprobate at the same time. In other words, simply because the result of the selection process is not palatable to a candidate, he cannot allege that the process of interview was unfair or that there was some lacuna in the process. Therefore, we find that the writ petitioners in these cases, could not have questioned before a Court of law, the rationale behind recasting the selection criteria, as they 16 WPC 25418, 25602, 28539 & 35716/22 willingly took part in the selection process even after the criteria had been so recast. Their candidature was not withdrawn in light of the amended criteria. A challenge was thrown against the same only after they had been declared unsuccessful in the selection process, at which stage, the challenge ought not to have been entertained in light of the principle of waiver and acquiescence. xxxxxxxxxxxx. Xxxxxxxxx Xxxxxxxx **86.** This Court has upheld the legitimacy of conducting interviews as a part of a selection process, even where marks earmarked for the same has been found to be primafacie excessive, vide _Minor A. Peeriakaruppan_ v. _State of Tamil Nadu_ , (1971) 1 SCC 38; _Miss Nishi Maghu_ v. _State of J & K_ , (1980) 4 SCC 95. **87.** This Court in _Lila Dhar_ v. _State of Rajasthan_ , (1981) 4 SCC 159 : AIR 1981 SC 1777 made the following pertinent observations as to the importance of a _viva-voce_ or interview in a selection process: “It is now well recognised that while a written examination assesses a candidate’s and intellectual an knowledge ability, interview test is valuable to assess a candidate’s overall intellectual and personal qualities. While a written examination has certain distinct advantage over the interview test there are yet no written tests which can evaluate a candidate’s initiative, alertness, resourcefulness, dependableness, 17 WPC 25418, 25602, 28539 & 35716/22 cooperativeness, capacity for clear and logical presentation, effectiveness, in discussion, effectiveness in meeting and dealing with others, adaptability, judgment, ability to make decision, ability to lead, intellectual and moral integrity. Some of these qualities may be evaluated, perhaps with some degree of error, by an interview test, much depending on the Constitution of the interview Board.” **88.** The criteria for evaluation of a candidate’s performance in an interview may be diverse and some of it may be subjective. However, having submitted to the interview process with no demur or protest, the same cannot be challenged subsequently simply because the candidate's personal evaluation of his performance was higher than the marks awarded by the panel. XXXXX Therefore, it is a settled proposition of law that this court cannot substitute the wisdom in awarding the marks to the candidates who were unsuccessful in the Ext.P11 rank list. Accordingly, these Writ Petitions are only to be dismissed and ordered so. **Sd/-BASANT BALAJI JUDGE** dl/ 18 WPC 25418, 25602, 28539 & 35716/22 ## **`APPENDIX OF WP(C) 28539/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1THE TRUE COPY OF THE IDENTITY CARD OF THE 3RD PETITIONER DATED 02.03.2020 ``` ``` Exhibit TRUE COPY OF THE IDENTITY CARD OF THE 4TH P1(a)PETITIONER DATED 12.12.2002 ``` ``` Exhibit P2THE TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT DATED 12.05.2022 Exhibit P3THE TRUE COPY OF THE NOTICE ISSUED BY THE MUNICIPALITY TO THE 1ST PETITIONER DATED 17.06.2022 Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE P3(a)MUNICIPALITY TO THE 2ND PETITIONER DATED 17.06.2022 ``` ``` Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE P3(b)MUNICIPALITY TO THE 3RD PETITIONER DATED 17.06.2022 ``` ``` Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE P3(c)MUNICIPALITY TO THE 4TH PETITIONER DATED 17.06.2022 ``` ``` Exhibit P4THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022 Exhibit P5THE TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE 5TH RESPONDENT DATED 03.08.2022 ``` ``` Exhibit P6THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW TABULATION CHART AND RANK LIST ``` ``` Exhibit P7THE TRUE COPY OF THE CIRCULAR OF THE 1ST RESPONDENT DATED 08.07.2022 ``` ``` RESPONDENT EXHIBITS ``` 19 WPC 25418, 25602, 28539 & 35716/22 ``` Exhibit R6ATRUE PHOTOCOPY OF THE ORDER NO.H1-10266/17 DATED 15.12.2017 ISSUED BY THE 3RD RESPONDENT MUNICIPALITY. ``` ``` Exhibit R6 BTRUE PHOTOCOPY OF THE NOTE DATED 8.4.2021 ISSUED BY THE HEALTH INSPECTOR GRADE-1 OF THE 3RD RESPONDENT MUNICIPALITY. ``` ``` Exhibit R6 CTRUE PHOTOCOPY OF THE ORDER DATE 31.1.2020 ISSUED BY THE CHAIRPERSON OF THE 3RD RESPONDENT MUNICIPALITY. ``` ``` Exhibit R6 DTRUE PHOTOCOPY OF THE RESOLUTION NO.1 DATED 28.6.2021 OF THE 3RD RESPONDENT MUNICIPALITY. ``` - `Exhibit R6 E TRUE PHOTOCOPY OF THE COMMUNICATION DATED 19.4.2022 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.` ``` Exhibit R6 FTRUE PHOTOCOPY OF THE JUDGMENT DATED 21.8.2019 IN WPC NO.16239/2019 OF THIS HON'BLE COURT. ``` 20 WPC 25418, 25602, 28539 & 35716/22 ## **`APPENDIX OF WP(C) 25602/2022`** ## `PETITIONER EXHIBITS` ``` Exhibit-P1THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MUNICIPALITY TO THE 1ST PETITIONER DATED 23.06.2022 ``` ``` Exhibit-P2THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MUNICIPALITY TO THE 2ND PETITIONER DATED 23.06.2022 ``` ``` Exhibit-P3THE TRUE COPY OF THE IDENTITY CARD OF THE 2ND PETITIONER ISSUED BY THE 1ST RESPONDENT Exhibit-P4THE TRUE COPY OF THE IDENTITY CARD ISSUED BY TIRUR EMPLOYMENT EXCHANGE TO THE 1ST PETITIONER Exhibit-P5THE TRUE COPY OF THE IDENTITY CARD ISSUED BY TIRUR EMPLOYMENT EXCHANGE TO THE 2ND PETITIONER ``` ``` Exhibit-P6THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE MUNICIPALITY TO ONE VINOD KUMAR P., S/O. SUBRAMANIYAN DATED 17.06.2022 ``` ``` Exhibit-P7THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 27.06.2022 ``` ``` Exhibit-P8THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 22050/2022 OF THIS HON'BLE COURT DATED 07.07.2022 Exhibit-P9THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022 Exhibit10THE TRUE COPY OF THE DECISION OF 3RD RESPONDENT DATED 03.08.2022 ``` ``` ExhibitP11THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW TABULATION CHART AND RANK LI ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit A TRUE COPY OF THE DECISION NO.12 DATED R1(a)03/03/2022 OF THE MUNICIPAL COUNCIL OF TANUR MUNICIPALITY. Exhibit THE TRUE COPY OF THE PROCEEDINGS, APPOINTING R1(b)SELECTION COMMITTEE MEMBERS. ``` 21 WPC 25418, 25602, 28539 & 35716/22 ## **`APPENDIX OF WP(C) 35716/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1THE TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT DATED 12.05.2022 Exhibit P2THE TRUE COPY OF THE NOTICE ISSUED BY THE MUNICIPALITY TO THE PETITIONER DATED 17.06.2022 Exhibit P3THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022 Exhibit P4THE TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE 5TH RESPONDENT DATED 03.08.2022 Exhibit P5THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW TABULATION CHART AND RANK LIST Exhibit P6THE TRUE COPY OF THE CIRCULAR OF THE 1ST RESPONDENT DATED 08.07.2022 ``` 22 WPC 25418, 25602, 28539 & 35716/22 ## **`APPENDIX OF WP(C) 25418/2022`** ## `PETITIONER EXHIBITS` ``` Exhibit P1THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28.11.2018 ``` - `Exhibit P2 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 01.12.2018` - `Exhibit P3 THE TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 04.06.2019` - `Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED TO ONE VINOD KUMAR P., S/O. SUBRAMANIYAN DATED 17.06.2022` ``` Exhibit P5THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 17.06.2022 Exhibit P6THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 17.06.2022 Exhibit P7THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER DATED 17.06.2022 Exhibit P8THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 22050/2022 OF THIS HON'BLE COURT DATED 07.07.2022 Exhibit9THE TRUE COPY OF THE JUDGMENT IN W.P.(C). NO. 23015/2022 OF THIS HON'BLE COURT DATED 15.07.2022 Exhibit P10THE TRUE COPY OF THE DECISION OF 3RD RESPONDENT DATED 03.08.2022 ``` ``` Exhibit P11THE TRUE COPY OF THE SANITARY WORKERS' INTERVIEW TABULATION CHART AND RANK LIST ``` ``` RESPONDENT EXHIBITS ``` ``` Exhibit TRUE COPY OF THE DECISION NO. 12 DATED 03/03/2022 R1(A)OF THE MUNICIPAL COUNCIL OF TANUR MUNICIPALITY Exhibit TRUE COPY OF THE PROCEEDINGS, APPOINTING R1(B)TSELECTION COMMITTEE MEMBERS ``` 23 WPC 25418, 25602, 28539 & 35716/22 ``` EXHIBIT R4 TRUE COPY OF THE ORDER NO.H1-10266/2017 DATED (a)15.12.2017 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY EXHIBIT TRUE COPY OF THE NOTE DATED 08.04.2021 ISSUED BY R4(b)THE HEALTH INSPECTOR GRADE -1 OF THE 1ST RESPONDENT MUNICIPALITY EXHIBIT R4 TRUE COPY OF THE ORDER DATED 31.01.2020 ISSUED BY (c)THE CHAIRPERSON OF THE 1ST RESPONDENT MUNICIPALITY EXHIBIT R4 TRUE COPY OF THE RESOLUTION NO.1 DATED 28.06.2021 (d)OF THE 1ST RESPONDENT MUNICIPALITY EXHIBIT TRUE COPY OF THE COMMUNICATION DATED 19.04.2022 R4(e)ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT TRUE COPY OF THE JUDGMENT DATED 21.08.2019 IN R4(f)WP(C) NO. 16239/2019 OF THIS COURT ```