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2025 DAILYLAW 8342 (KER)

ANEENA JOSEPH v. THE HIGH COURT OF KERALA

WP(C)/13936/2024 · 2025-03-25

D K Singh

Writ Petition (Civil)body2025

Judgment text

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2025:KER:25495 WP(C) NO. 13936 OF 2024 1 IN 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. 13936 OF 2024 PETITIONER/S: ANEENA JOSEPH AGED 36 YEARS D/O. JOSEPH.P.J., PLAMOOTTIL HOUSE, CHEMBALAM P.O., KALLAR, IDUKKI DISTRICT –, PIN - 685553 BY ADV K.M.FIROZ RESPONDENT/S: 1 THE HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR (GENERAL) ERNAKULAM, KOCHI –, PIN - 682031 2 THE REGISTRAR (COMPUTERISATION) - CUM-DIRECTOR (IT), THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI –, PIN - 682031 3 THE REGISTRAR (RECRUITMENT), THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI –, PIN - 682031 4 ADDL. R4 - ANJALI.S.NAIR, AGED 34, D/O MOHANA CHANDRAN NAIR, KUDAVOORVADKKATHIL, KADAVOOR, PERINAD PO, KOLLAM, PIN - 691601, IS IMPLEADED AS PER THE ORDER DTD. 06/08/2024 IN IA NO.2/2024 IN WP(C) NO. 13936/2024. BY ADVS. ANISON M.R P.M.SANEER SHAJIN S.HAMEED ELVIN PETER P.J. (SR.)(K/000445/1990) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25495 WP(C) NO. 13936 OF 2024 2 JUDGMENT The petitioner was an applicant for the post of Senior System Officer of the High Court of Kerala in pursuance to the notification issued by the High Court dated 27.10.2023. The educational qualification and the work experience for the said post as per the notification are as under:- ‘Government recognized Diploma in Electronics/Computer Science /Computer Hardware or Diploma with the combination of the above subjects or B.E./B.Tech (Electronics/IT/ Computer Science/Computer Hardware or combination of any of these subjects)/BCA/M.E/M.Tech (Electronics/IT/Computer Science/Computer Hardware or combination of any of these subjects)/MCA + Work experience of 3 years and above in eCourts project in Kerala as System Assistant /System Officer’ 2.The job profile of the Senior System Officer is the supervision of computerisation activities of the Courts in the District Judiciary. The petitioner's application was rejected on the ground that the petitioner did not have the requisite work experience of three years 2025:KER:25495 WP(C) NO. 13936 OF 2024 3 of e-courts project in Kerala as a System Assistant/System Officer/Senior System Officer. 3.The petitioner worked in the High Court from 26.04.2018 to 31.03.2021 and 07.04.2021 to 11.12.2023 as a System Assistant in the Planning and Management Unit in the High Court. The High Court itself has issued the certificate of experience to the petitioner in Ext.P3 which would demonstrate that the petitioner has gained experience while working as the System Assistant in the Planning and Management Unit of High Court in monitoring NJDC, database replication and Management, Data streaming, CIS Support, HC VM Application configuration, Efiling Application Lower Court, SMS Application, Patch Scripts and support for ongoing e-court projects. 4.The learned counsel for the petitioner submits that the petitioner has experience of e-courts which is evident from the experience certificate issued to the petitioner and therefore the rejection of her application on the ground that she was not having the relevant experience certificate as per notification was totally unjustified and illegal. 5.In pursuance to the interim order passed by this court, the 2025:KER:25495 WP(C) NO. 13936 OF 2024 4 petitioner participated in the recruitment process. After qualifying in the written test, she faced the interview, and she stands No.1 in the rank list in the category of Economically Weaker Section (EWS). 6. The learned counsels for the High Court and counsel for the 4th respondent, however, submit that the petitioner's appointment as System Assistant was not in e-courts project but it was in Planning and Management Unit, and therefore, the experience certificate issued to her working in the Planning and Management Unit is not the requisite experience as desired in the notification dated 27.10.2023 issued by the High Court for appointment of Senior System Officer. 7. I have considered the submission advanced 8.The question here is whether the petitioner has relevant experience in e-court management of the High Court and the District judiciary. 9.The experience certificate itself discloses the fact that the petitioner has gained experience while working as a System Assistant in the High Court for more than 3 years in different aspects of e-court management. Hence, I am of the view that it will 2025:KER:25495 WP(C) NO. 13936 OF 2024 5 not make any difference whether the petitioner was working with the Planning and Management Unit of the high court or e-court management unit, if the petitioner has gained the experience as per the high court itself in e-court management, her experience should be treated as valid experience as per the notification, and the rejection of her application on the ground that she was unqualified does not appear to be justified. The petitioner has already faced the written test and interview, and she stands at Rank No.1 against the post reserved for Economically Weaker Section (EWS). Therefore, the writ petition is allowed, and the petitioner is declared qualified for the post of Senior System Officer in the High Court in pursuance to the notification dated 27.10.2023 issued by the High Court inviting applications for the post mentioned therein, including the post of Senior System Officer. With the aforesaid, the present writ petition stands allowed. Sd/- D. K. SINGH JUDGE SJ 2025:KER:25495 WP(C) NO. 13936 OF 2024 6 APPENDIX OF WP(C) 13936/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE HIGH COURT NOTIFICATION NO.A7-75309/2021/IT3/REC3 DATED 27.10.2023 Exhibit P2 A TRUE COPY OF THE ONLINE REGISTRATION APPLICATION FOR THE POST OF SENIOR SYSTEM OFFICER OF THE PETITIONER BEARING NO. 12100012 DATED 04.12.2023 SUBMITTED BEFORE THE 1ST RESPONDENT THROUGH ONLINE PORTAL Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED 11.12.2023 ISSUED BY THE DEPUTY REGISTRAR OF HIGH COURT OF KERALA DATED 11.12.2023 Exhibit P4 TRUE COPY OF THE ORDER NO.A7- 75309/2021/IT3/REC3 DATED 12.3.2024, LIST OF CANDIDATES FOR INTERVIEW TO THE POST OF SENIOR SYSTEM OFFICER, HIGH COURT Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 12.3.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE B.TECH PROFESSIONAL DEGREE IN COMPUTER SCIENCE DATED 25.8.2014 CERTIFICATE OF THE PETITIONER Exhibit P7 A TRUE COPY OF THE CERTIFICATE IN ENGINEERING AND DIPLOMA IN COMPUTER ENGINEERING OF THE PETITIONER DATED 9.6.2009 Exhibit P8 A TRUE COPY OF THE SAID INTERIM ORDER DATED 2.4.2024 IN WP(C) NO. 13368 OF 2024 PASSED BY THE HON’BLE HIGH COURT OF KERALA Exhibit P9 . A TRUE COPY OF THE RELEVANT PAGES OF THE REPORT (PAGES 1 TO 5, 18 TO 37 AND 85 TO 86) OF THE MEMBER (PROJECT MANAGEMENT), E-COMMITTEE, SUPREME COURT OF INDIA DATED NIL AND UPLOADED IN THE WEBSITE HTTPS://DISTRICTS.ECOURTS.GOV.IN (ACCESSED ON 3.4.2024) RESPONDENT EXHIBITS 2025:KER:25495 WP(C) NO. 13936 OF 2024 7 EXHIBIT R1(a) True copy the relevant pages of the National Policy and Action Plan for Instrumentation of Information and Communication Technology in Indian Judiciary EXHIBIT R1(b) True copy of the relevant pages of policy and Action Plan Document, Phase-II of the E Courts Project published by the E committee of the Supreme Court of India EXHIBIT R1(c) True copy of the Proceedings No.A5-68471/2015, dated 26.04.2018 granting permission to join duty as System Assistant EXHIBIT R1(d) True copy of the Govt. order bearing G.O.(Rt)33/2010/Home dated 05.01.2010 issued by the Govt. EXHIBIT R1(e) True copy of the letter dated 30.11.2015 addressed to the Addl.Chief Secretary to Govt EXHIBIT R1(f) True copy of letter dated 11.01.2016 addressed to the Addl.Chief Secretary to Govt, EXHIBIT R1(g) True copy of letter dated 06.06.2016 addressed to the Addl.Chief Secretary to Govt EXHIBIT R1(h) True copy of G.O(Ms)No.223/16/Home dated 20.08.2016 issued by the Govt. PETITIONER EXHIBITS Exhibit P10 A TRUE COPY OF THE SAID RANKED LIST ISSUED BY THE 2ND RESPONDENT ON BEHALF OF THE 1ST RESPONDENT DATED 9.4.2024 Exhibit P11 A TRUE COPY OF THE PROCEEDINGS /ORDER NO. A9- 40012/2023(3) DATED 17.4.2024 ISSUED BY THE 1ST RESPONDENT THROUGH THE REGISTRAR (GENERAL)- INCHARGE Exhibit P12 A true copy of the roles and responsibilities of Central Project Coordinator (CPC) implementation of Phase II of eCourts Project (change Management Programe for Phase II of eCourts Project for Central Project 2025:KER:25495 WP(C) NO. 13936 OF 2024 8 Coordinators of all the High Courts Exhibit P13 A true copy of the Notification dated 8.2.2017 issued by the High Court of Kerala bearing No. A5-68471/2015/REC1 Exhibit.P14 A true copy of the said order No. ECC 4/47504/2016 dated 21.3.2019 issued by High Court of Kerala Exhibit.P15 A true copy of the Official Memorandum dated 29.6.2020 issued by the High Court of Kerala bearing No. IT(S1)106828/2018/IT3 Exhibit P16 A true copy of the communication/letter dated 29.6.2020 issued by the Registrar (Recruitment and Computerisation) High Court of Kerala bearing No. IT(S1)106828/2018/IT3 Exhibit P17 A true copy of the email dated 21.1.2023 issued by the eCourt Cell, High Court of Kerala Exhibit p18 A true copy of the Notification dated 25.8.2023 bearing No. A9-40012/2023 by which the post of Senior System Officer has been notified by the High Court of Kerala by incorporating amending the Kerala High Court Service Rules, 2007 Exhibit P19 A true copy of the said certificate dated 16.8.2024 issued on behalf of the High Court of Kerala to the petitioner Exhibit P20 A true copy of the proceedings bearing No. A5- 68471/2015/A9 of the Registrar General (Note I), proceedings of the Chairman, Committee-in- charge of computerization (Note No 48) along with proceedings No.A5-68471/2015/A9 dated 25.3.2024 issued by the Registrar General, High Court of Kerala (obtained under Right to Information Act) Exhibit P21 TRUE COPY OF THE PROCEEDINGS BEARING NO. A5- 68471/2015/A9 OF THE REGISTRAR GENERAL (NOTE I) AND THE PROCEEDINGS OF THE CHAIRMAN, COMMITTEE- IN-CHARGE OF COMPUTERIZATION (NOTE #48)