Sumith v. Dhanesh.P

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WA.No. 134 of 2015 () IN WP(C).2939/2014 ------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 2939/2014 of HIGH COURT OF KERALA DATED 05-06-2014 APPELLANT(S)/AGGRIEVED 3RD PARTIES:

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1. SUMITH S/O.P.MADHUSOODHANAN PILLAI, CHANKOOR HOUSE KANNAMANGALAM NORTH VILLAZGE, CHETTIKULANGARA.PO MAVELIKKARA TALUL, ALAPPUZHA DISTRICT, PIN-690106.

2. NIKHIL PRATHEEK.P.J, AGED 27 YEARS S/O.JAYACHANDRAN, VADAKKE NEELIYATH HOUSE KALPATHUR POST, MEPPAYUR(VIA), KOZHIKODE DISTRICT PIN-673524.

3. RAHUL.V, AGED 24 YEARS S/O.RADHAKRISHNAN, VALIYIL HOUSE, NADAVANNUR POST KOZHIKODE DISTRICT, PIN-673614.

4. AKHIL KRISHNA.K.J, AGED 22 YEARS S/O.JAYAKRISHNAN, CHITHRATH HOUSE, CHEMBRASSERI POST PANDIKKAD, MALAPPURAM DISTRICT, PIN-676521.

5. RANJITH.M.M, AGED 24 YEARS S/O.RAJAN, MOTTEMMAL HOUSE, VILLIAPPALLY POST VADAKARA(VIA), KOZHIKODE DISTRICT, PIN-673542.

6. KRISHNAKUMAR.R, AYANIYARATHALAKKAL MALE, PUTHENVEEDU, MARTHANDESWARAM OORUTTAMBALAM.P.O, THIRUVANANTHAPURAM DISTRICT PIN-695507.

7. AJITH BABU.B.S, AJITH BHAVAN, PANAVILAKATHU MELE PUTHENVEEDU NADUKKADU, NARUVAMOODU.P.O, KERALA PIN-695528.

BY ADVS.SRI.ABRAHAM MATHEW (VETTOOR) SRI.SIJI ANTONY SMT.BINI ELIZABETH SMT.M.J.SAJITHA SRI.SRI.ANIL ABEY JOSE RESPONDENT(S)/PETITIONERS AND RESPONDENTS IN THE WP(C): -----------------------------------------------------

1. DHANESH.P, AGED 24 YEARS S/O.DIVAKARAN, PARVATHY HOUSE, THILLENKERY.P.O KANNUR DISTRICT, PIN-670702.

2. SARUN.T, KARUNYA, PANDALAPARAMBY, MAMBARAM.P.O KANNUR DISTRICT, P.IN-670741.

3. PRANEESH VALAVIL, THAKKAYIL HOUSE, TEMPLE GATE.P.O, MADAPEEDIAK THALASSERY, KANNUR, PIN-670102.

4. ANIL KUMAR.P.K, KAIPPACHERI HOUSE, VAKKAYANGAD.P.O, KANNUR DISTRICT PIN-670642.

5. SOJITH.V, POIKUTTANDAVIDA HOUSE, PONNIAM WEST.P.O, KONDUCHIRE THALASSERY, KANNUR DISTRICT, PIN-670641.

6. SHIBIN.N, KUNIYIL HOUSE, PONNIAM EAST.P.O, THALASSERY KANNUR-670641.

7. ANOOP.K, KAYAKKEEL HOUSE, MANAKKATT, KOYYAM.P.O KANNUR, PIN-670142.

8. ABHILASH POOVALAPPIL, ANUSHA NIVAS, MUZHHAKKUNNU.P.O, KANNUR PIN-670763.

9. JANITH RAJ.D, MOTTAPARAMBATH HOUSE, VENDUTTAYI, PINARAYI.P.O KANNUR, PIN-670741.

10. NIPIN PANOLI, KANIYAN KANDI HOUSE, KIZHAKKUMBAGAM, PINARAYI.P.O KANNUR, PIN-670741.

11. AKHIL.K, VAYALIL KUNIYIL HOUSE, VADAKKUMBAD.P.O, THALASSERY KANNUR, PIN-670741.

12. MONISH.U, MANEESHA NIVAS, KIZHAKKUMBHAGOM, PINARAYI.P.O THALASSERY, KANNUR-670741.

13. MIDHUN.C, SOPANAM, ERUVATTY.P.O, KADIRUR VIA THALASSERY, KANNUR, PIN-670642.

14. RATHEESH.M.P, S/O.M.P.KUNHIRAMAN, MOLOLATH PATINJAGE VEETTIL MAVICHERY, KUTTIYERI.P.O, THALIPARAMBA PIN-6770141.

15. DHANESH.M, MOLOLATH PADINHARE VEETTIL, NARIKODE KOTTILA.P.O EZHOME VIZ., KANNUR, PIN-670330.

16. STAFF SELECTION COMMISSION, REPRESENTED BY ITS CHAIRMAN, BLOCK-12, CGO COMPLEX LODI ROAD, NEW DELHI-110003.

17. THE REGIONAL DIRECTOR, STAFF SELECTION COMMMISSION, KARNATAKA-KERALA REGION IST FLOOR, E WING, KENDRIYA SECTION BALGALORE-560034.

18. THE DIRECTOR GENERAL, BORDER SECURITY FORCE, BLOCK-10, CGO COMPLEX LODHI ROAD, NEW DELHI-110 003.

19. THE DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, BLOCK NO.1, CGO COMPLEX LODHI ROAD, NEW DELHI, PIN-110 003.

20. THE DIRECTOR GENERAL,CENTRAL INDUSTRIAL SECURITY FORCE, BLOCK NO.13 CGO COMPLEX, LODHI ROAD, NEW DELHI PIN-110003.

21. THE DIRECTOR GENERAL, SASHATRA SEEMA BAL, BLOCK-12, CGO COMPLEX, LODHI ROAD, NEW DELHI - PIN 110 003

22. DIRECTOR GENERAL, ASSAM RIFLES, LAITUMKHARAH POST, SHILLOING MEGHALAYA-793011.

23. THE DIRECTOR GENERAL, INDO-TIBETAN BORDER POLICE FORCE, BLOCK-2, CGO COMPLEX LODHI ROAD, NEW DELHI-110003.

24. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIAT NORTH BLOCK, NEW DELHI-110001.

BY CGC T. SANJAY FOR R24 BY SRI.K.SIJU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.NO. 134 OF 2015 APPENDIX PETITIONERS' ANNEXURES ANNEXURE A: TRUE COPY OF THE NOTIFICATION ISSUED BY SSC DATED 15-12-2012 ANNEXURE B: TRUE COPY OF THE ADMISSION CERTIFICATE FOR WRITTEN TEST ISSUED TO THE 4TH PETITIONER DATED 12-05-2013 ANNEXURE C: A TRUE COPY OF ADMISSION CARD FOR MEDICAL EXAMINATION ISSUED TO THE IST PETITIONER DATED 6-1-2014 ANNEXURE D: A TRUE COPY OF ADMISSION CARD FOR MEDICAL EXAMINATION ISSUED TO THE 3RD PETITIONER DATED 23-01-2014 ANNEXURE E: A TRUE COPY OF THE ADMISSION CARD FOR MEDICAL EXAMINATION ISSUED TO THE 3RD PETITIONER DATED 24-01-2014 ANNEXURE F: A TRUE COPY OF ADMINISSION CARD FOR MEDICAL EXAMINATION ISSUED TO THE 5TH PETITIONER DATED 24-01-2014 ANNEXURE G: A TRUE COPY OF THE FINAL RESULT PUBLISHED BY SSC FOR THE YEAR 2013 DATED 3005-2014 ANNEDURE H: A TRUE COPY OF THE LIST OF CANDIDATES FOR RECRUITMENT OF CONSTABLES (GD) IN CAPFS 2012 ISSUED BY STAFF SELECTION COMMISSION DATED 8-6-2012

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.A.No. 134 of 2015 ....................................................... Dated this the 5th day of February, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

This Writ Appeal has been filed against the judgment dated th June 2014 in W.P. (C ) No. 2939 of 2014 . By the aforesaid Judgment, the learned Single Judge has allowed five Writ Petitions including Writ Petition No. 2939 of 2014 against which this Writ Appeal has been filed. Challenging the judgment dated 5 th June 2014 of the learned Single Judge W.A. Nos. 1433 of 2014 and 1515/2014 were filed by the Staff Selection Commission, after obtaining leave. But appellant was not a party in the above Writ Appeals. Both the Writ Appeals were allowed on 30 th June 2014 by a Division Bench of this Court

W.A.No. 134 of 2015 after setting aside the judgment of the learned Single Judge and dismissing the Writ Petition. Learned counsel for the appellant as well as respondents No. 16 to 24 submits that this Writ Appeal is fully covered by the said judgment and can be decided in accordance with the said judgment.

In view of the matter, we also allow this Writ Appeal following the decision reported in Staff Selection Commission, Karnataka and Others v. Biju Babu and Others - 2014 (4) KHC 953, after setting aside the judgment in W.P. (C ) No. 2939/2014. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge