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2023 DIGILAW 663 (KER)

Sanjeesh S. S, S/o Surendran K v. State Of Kerala

2023-08-22

DEVAN RAMACHANDRAN

body2023
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 District Collector, they were excluded from the Final Panel prepared in terms of Aju 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 15046/2023, argued that, subsequent to Aju 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 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 argued out that, therefore, when his clients have been found not deserving of being “recommended” by the learned District Judge, but without being 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 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 prepared by the District Collector, 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 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. 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 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. 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 -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, assumes great importance because such rejection/recording of disapproval, can be done only for valid and specified cause. 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, assumes great importance because such 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 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 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 specifically recorded in the resultant 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. 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.