WP(C) NO. 10213 OF 2025 1 2025:KER:25808 oIN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 10213 OF 2025 PETITIONER: SHERIN WILSON AGED 33 YEARS D/O A. J. WILSON, RESIDING AT ARTHADATHIL HOUSE, RAYONPURAM P. O., KANJIRAKKAD, PERUMBAVOOR., PIN - 683543 BY ADVS. MITHA SUDHINDRAN RIJI RAJENDRAN AYANA UNNIKRISHNAN SOORYA M. ANJANA K. RESPONDENTS: KOCHI METRO RAIL LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR JLN METRO STATION, 4TH FLOOR, KALOOR, KOCHI, KERALA., PIN - 682017 BY ADVS. ANTONY MUKKATH REGI MATHEW(K/1132/2020) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10213 OF 2025 2 2025:KER:25808 JUDGMENT Dated this the 25th day of March, 2025 The petitioner has been an applicant for the post of Assistant Manager (Public Relations) E2 level in Kochi Metro Rail Corporation in pursuance to the notification issued by the KMRL on 24.09.2024 inviting applications from qualified candidates for participating the selection to the post of Assistant Manager (Public Relations). 2. The essential qualifications and experience mentioned in the notification dated 24.09.2024 are as under: “Full Time regular graduation in any discipline and with Two years’ full time REGULAR Post Graduate degree/diploma in journalism/Mass Communication from recognized institution/University.” 3. The petitioner has challenged the said notification in the present writ petition saying that the notification issued by the KMRL dated 24.09.2024 is in infraction of the relevant Service WP(C) NO. 10213 OF 2025 3 2025:KER:25808 Rules ie., Kochi Metro Rail Limited Recruitment & Conditions of Service Rules in which the qualification for the post of Assistant Manager E2 are prescribed as under: Minimum Educational Qualification: For Technical Posts – B.Tech (From Recognised University) For HR/Marketing/Admn-MBA/PG Diploma(2 year) in relevant field (Full Time from Recognised University/Institute) For Legal – L.L.B(Full Time from Recognised University) For Finance – CMA/CA/ICWAI/MBA – Finance (Full Time) For CS- ACS For CC – Post Graduate Degree/Diploma (2year) in journalism/Mass Communication (Full Time from recognized University/Institute) Experience required for Direct Recruitment 5 years (after min.qualification) 4. The learned counsel for the petitioner submits that as per the relevant Rules, 5 years’ experience after minimum qualification is prescribed, and it does not say that the experience should be in the public sector. She, therefore, submitted that demanding the experience of 5 years of post WP(C) NO. 10213 OF 2025 4 2025:KER:25808 qualification in the public sector or Government is totally in variance with the relevant Rules, and therefore, the notification is liable to be set aside. 5. It is also submitted that the petitioner has 2 ½ years’ experience as Assistant Manager in KMRL. The experience certificate of the petitioner is annexed as Ext P7, and it would disclose that the petitioner had worked as Broadcast Journalist with Asianet News from 04.04.2016 to 30.09.2020 and in Plak Motion Studio as content head from 01.10.2020 to 18.09.2021. 6. The learned counsel for the petitioner submits that if the petitioner’s post-qualification experience is taken into account, the petitioner has experience of more than 5 years, and therefore, she is qualified as per the relevant recruitment Rules. 7. On the other hand learned counsel appearing for the KMRL submits that the petitioner has experience only of 2 ½ years while working as WP(C) NO. 10213 OF 2025 5 2025:KER:25808 Assistant Manager in KMRL. Her experience in Asianet News and Plak Motion Studio is not of the relevant field as Assistant Manager or Public Relations Officer. 8. I find substance in the submission of the learned counsel for the KMRL. The petitioner does not have 5 years of experience in the relevant field as Assistant Manager or Public Relations Officer, which is the required qualification for the post of Assistant Manager in KMRL. Once the petitioner does not have the requisite qualification, the petitioner cannot challenge the notification stating that the notification runs contrary to the relevant Recruitment Rules. This Court finds that the notification does not run contrary to the relevant Rules. Experience is required in the relevant field, and the petitioner does not have five years experience in the relevant field; she is not qualified for the post of Assistant Manager for which the WP(C) NO. 10213 OF 2025 6 2025:KER:25808 impugned notification was issued. The learned counsel for the petitioner has placed reliance on the judgment of the Supreme Court in the case of Tej Prakash Pathak and others v. Rajasthan High Court and others, in Civil Appeal Nos.2635/2013 & 2636/2013, which has no relevance. Thus, I find no substance in this writ petition, which is hereby dismissed. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 10213 OF 2025 7 2025:KER:25808 APPENDIX OF WP(C) 10213/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE RELEVANT PAGES OF THE KMRL RECRUITMENT RULES, ALONG WITH THE SCHEDULE 1A, DATED NIL. Exhibit-P2 THE COPY OF THE OFFER LETTER, DATED 02-12- 2021, RECEIVED BY THE PETITIONER FROM KMRL. Exhibit-P3 THE COPY OF THE OFFER LETTER, DATED 15-12-2022, RECEIVED BY THE PETITIONER FROM KMRL. Exhibit-P4 THE COPY OF THE OFFER LETTER, DATED 27-12-2023, RECEIVED BY THE PETITIONER FROM KMRL Exhibit-P5 A TRUE COPY OF THE NOTIFICATION ISSUED BY KOCHI METRO RAIL LIMITED DATED 02-01-2024 Exhibit-P6 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE KOCHI METRO RAIL LIMITED DATED 24-09-2024 Exhibit P 7 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED FROM THE ASIANET NEWS NETWORK PVT. LTD DATED 30- 09-2020 Exhibit P8 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED FROM THE PLAK MOTION STUDIO DATED 18-09 2021 Exhibit P9 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE KOCHI METRO RAIL LTD DATED 05-01-2024 Exhibit P10 COPY OF THE REFERENCE LETTER DATED 18-06-2024 ISSUED BY THE RESPONDENT