DR.MANJULA P. Vs. STATE OF KERALA
LAWS(KER)-2022-8-11
HIGH COURT OF KERALA
Decided on August 08,2022

Dr.Manjula P. Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

V THANKAPPAN NAIR VS. STATE OF KERALA ANDANOTHER [REFERRED TO]


JUDGEMENT

- (1.)The prayers in this writ petition are as follows :-
"i. Call for the records leading to Ext.P13 and quash the same in toto and Ext.P1 to the extent it does not provide for age relaxation to qualified internal candidates.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to suitably modify Ext.P1 by incorporating the provision for age relaxation for qualified internal candidates and permit the petitioner to take part in the selection process notified by Ext.P1 for the post of Scientist B in Geology/ Applied Geology."

(2.)Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for respondents 2 and 3 as well as the learned counsel appearing for respondents 4 and 5.
(3.)It is submitted that the petitioner is working as Technical Officer in the 4th respondent Centre and is fully qualified for appointment as Scientist B in Geology/Applied Geology. It is submitted that Ext.P1 notification was issued by the 5th respondent for appointment to the post of Scientist including that of Scientist B in Geology/Applied Geology. The age limit provided for appointment to the post as per Ext.P1 is 35 years as on 13/2/2021 with usual relaxation to candidates belonging to SC/ST/OBC etc., as per KSCSTE Rules and directives of the Government. It is submitted that the petitioner who is aged 40 years would not be entitled to apply going by Ext.P1. The petitioner contended that in all earlier notifications for appointment in the institutions under the 2nd respondent as well as in the 4th respondent itself, relaxation in age to internal candidates was provided for. Exts.P10, P11, P12 and P13 notifications issued by the 2nd and 4th respondents in the years 2002, 2012 and 2019 are produced in support of the said contention.
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