2025:KER:31656 WP(C).NO.34961/2019 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 34961 OF 2019 PETITIONER: JITHIN M., AGED 30 YEARS, S/O.KRISHNAN M., ACCOUNTANT CUM DATA ENTRY OPERATOR, PAYYOLI MUNICIPALITY, KOZHIKODE DISTRICT-673 533, RESIDING AT MADATHIL HOUSE, KIZHUR P.O., KOZHIKODE-673 522, MOB. 9048595541. ADVS. SRI.KALEESWARAM RAJ, SRI.VARUN C.VIJAY, KUM.A.ARUNA, KUM.THULASI K. RAJ & SMT.MAITREYI SACHIDANANDA HEGDE RESPONDENTS: 1 STATE OF KERALA,REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 RURAL DEVELOPMENT COMMISSIONER & MISSION DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, FIRST FLOOR, PUNARJANI, T.C.26/1333(2), PANAVILA JUNCTION, THIRUVANANTHAPURAM-695 001. 3 PAYYOLI MUNICIPALITY,REPRESENTED BY ITS SECRETARY, PAYYOLI P.O., KOZHIKODE DISTRICT-673 522. 4 SECRETARY, PAYYOLI MUNICIPALITY, PAYYOLI , KOZHIKODE DISTRICT-673 522. 5 AMRUTHUA S.R., KUNIMMAL, MUYIPOTH, KOYILANDI, KOZHIKODE-673 525. SMT.REEHA KHADER, SC SMT.SURYA BINOY, SR.GP ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31656 WP(C).NO.34961/2019 2 MOHAMMED NIAS C. P. , J. ========================= W. P. (C) No. 34961 of 2019 ========================= Dated this the 10th day of April, 2025 J U D G M E N T The Writ Petition is filed with the following prayers: “ i. To issue a writ of certiorari quashing Ext.P16 mark list to the extent to which it includes the name of the 5th resondent as rank No.1 as unjust, illegal and unsustainable; ii. To declare that the petitioner is entitled to be appointed in the post of Accountant cum Data Entry Operator being the most meritorious qualified hand in the mark list; iii. To declare that the 5th respondent is not qualified to be appointed to the post of Accountant cum Data entry Operator from Ext.P16 mark list and she is to be treated as disqualified as per Ext.P15; iv. To issue a writ of mandamus directing the respondents to treat the petitioner as rank No.1 in Ext.P16 and modify Ext.P16 accordingly; v. To issue a writ of mandamus directing the respondents to pass orders appointing the petitioner to the post of Accountant cum Data Entry Operator at the 3rd respondent Municipality; vi. To issue such other orders directions or writs as they may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.” 2. An interim order was passed by this Court on 18.12.2019 directing respondents 3 and 4 to see their appointments are made in accordance with the qualification prescribed in Ext.P15. It is submitted by the learned counsel for the petitioner that pursuant to the interim order, the petitioner has been appointed. This is recorded. 2025:KER:31656 WP(C).NO.34961/2019 3 In view of the above, nothing further remains to be considered in this Writ Petition and the same is accordingly closed. Sd/- MOHAMMED NIAS C. P., JUDGE MMG 2025:KER:31656 WP(C).NO.34961/2019 4 APPENDIX OF WP(C).NO.34961/2019 PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF THE CONTRACT DATED 28.02.2011. EXHIBIT P2 COPY OF THE AGREEMENT DATED 28.02.2012. EXHIBIT P3 COPY OF THE AGREEMENT DATED 28.02.2013. EXHIBIT P4 COPY OF THE AGREEMENT DATED 28.02.2014. EXHIBIT P5 COPY OF THE AGREEMENT DATED 28.02.2016. EXHIBIT P6 COPY OF THE AGREEMENT DATED 28.02.2017. EXHIBIT P7 COPY OF THE ORDER DATED 11.10.2018. EXHIBIT P8 COPY OF THE NEWS PAPER NOTIFICATION DATED 24.10.2018 IN MATHURBHUMI KOZHIKODE. EXHIBIT P9 COPY OF THE CERTIFICATE OF MERIT DATED 30.11.2015 ISSUED BY THE SECRETARY, PAYYOLI GRAMA PANCHAYATH. EXHIBIT P10 COPY OF THE CERTIFIED ISSUED BY SECRETARY, PAYYOLI MUNICIPALITY. EXHIBIT P11 COPY OF GO(MS)NO.952/12/LSGD DATED 29.03.2012. EXHIBIT P12 COPY OF THE COUNTER AFFIDAVIT DATED 30.09.2019 FILED BY THE RESPONDENTS 3 AND 4 IN WPC NO.35907/2018. EXHIBIT P13 COPY OF THE JUDGMENT DATED 12.12.2019 IN WPC NO.35907/2018. EXHIBIT P14 TRUE COPY OF THE REPLY DATED 27.03.2019 TOGETHER WITH THE DOCUMENT. 2025:KER:31656 WP(C).NO.34961/2019 5 EXHIBIT P15 COPY OF THE GO(MS)NO.302/2010/LSGD DATED 14.12.2010. EXHIBIT P16 COPY OF THE MARK LIST ON THE INTERVIEW DATED 14.01.2019.