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2020 Supreme(Ker) 588
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANIKUMAR, SHAJI P.CHALY, JJ.
John Numpeli Junior Advocate, Son Of John Numpeli – Appellant
Versus
State Of Kerala – Respondent
WP(C) No.14141 of 2020
Decided on : 14-09-2020
For the Appellant :M/S K.P.PRADEEP, T.THASMI, Advocates
For the Respondent:M/S RANJITH THAMPAN, GEORGE POONTHOTTAM (SR.), SHRI.P.VIJAYAKUMAR, SOBHAN GEORGE, MURALI PURUSHOTHAMAN, NISHA GEORGE, P.NARAYANAN, V.MANU, SENIOR GOVT. PLEADER, Advocates
IMPORTANT POINTS
Wherever addition or striking out parties is done, it is necessary for the Court to consider as to whether such persons are required to be added or struck off to adjudicate upon and settle all the issues effectually and completely.
Headnote:
High Court Rules - Rule 148 ;; Constitution of India- Article 226 -Addition of parties -Either one of the parties to the proceeding may apply for the impleading of such a party or such a party may suo motu approach the court for being impleaded - The persons who would be vitally affected by the decision are necessary parties
Statement of facts:
The proposed petitioners have got a right to get themselves impleaded in the public interest litigations, for the reason that, case of the petitioners who have filed this interlocutory application is against regularisation of contract appointments and that they have no other remedy to vindicate. Lis in the writ petitions relates to disaster management and in particular, against social gathering, in the name of public protests/demonstration etc.
Finding of the court:
The petitioners cannot be said to be directly or indirectly interested in the lis nor would be vitally affected by the decision in the writ petition.
Result: Application dismissed with costs
ORDER :
S.MANIKUMAR, J.
I.A.No.5 of 2020 has been filed by three candidates, who claimed to have been included in the rank list prepared by the Kerala Public Service Commission to the post of Lower Division Clerk under various Departments of the Government, seeking to implead themselves as additional respondents in W.P.(C)No.14141 of 2020. Contentions raised by the petitioners in I.A.No.5 of 2020, sought to be impleaded as additional respondents in W.P.(C)No.14141 of 2020, are as hereunder:
“(6) ..... .... ..... ..... ..... ..... ..... Enormous number contract appointments are being made under COVID-19 periods. Similar hasty steps are being taken to regularise the service of the persons appointed on contract basis even when there is a valid rank list prepared by the PSC.
(7) It is submitted that in welfare state, a democratically elected government and its machinery cannot act in such arbitrary manner denying the rightful appointment to the eligible candidates. When such arbitrary actions are continued by the State and instrumentalities, the only option left with the citizen is to express their dissent through a protest. If the government and its instrumentality acts in a fair and prudent manner, then the citizen will not be forced to come out to the streets to express their dissent. When the government continues its arbitrary actions, a constitutional court cannot tie the hands of the citizens and prevent them exercising their right of dissent as enshrined under Article 19 of the Constitution of India.
(8) The petitioners and the persons included in various rank lists prepared by the Public Service Commission has been peacefully protesting against the arbitrary actions of the government in the recruitment to public posts. In the meantime the petitioners approached this Hon'ble filing the above Writ Petition and this Court by interim order dated 15.07.2020 this Court has ordered that there shall not be any gathering, to be specific, demonstrations/ processions/ agitations in the State till July 31. A further direction was given to the State government and the State Police Chief (SPC) to initiate that all preventive measures must be ensured so that there shall not be any processions/agitations in violation of the guidelines issued by the National Disaster Management Authority for the Unlock 2 period. Under the guise of the order, the state government has curbed all the protest in the State.
(9) It is submitted that the Writ Petitioner has approached this Hon'ble in view of the COVID-19 pandemic and guidelines issued in view of the pandemic. However even during the pandemic period the government and its instrumentalities are relentlessly continuing their illegal actions especially pertaining to the recruitment to public posts. It is the actions of the government that has forced the petitioners and other aggrieved parties to express their dissent by way public protest. If in such circumstances, the citizens are barred from exercising their right to dissent, the situation is as good as an internal emergency.
(10) It is submitted that the government is continuing to issue various orders regularising the services of the temporary employees and appoint contract employees towards sanctioned posts and beyond. Hasty steps are being initiated on every departments to regularise the service of temporary employees at the earliest. The government under the guise of the interim order in this case was able to stop all the genuine protests and agitations against their illegal actions in the recruitment to public posts. A proper enquiry is utmost necessary for the bring light into the catena of illegal appointments made during the COVID-19 pandemic period and earlier which had come to light only during the COVID-19 period. As all the protests are banned by this Court, the applicants and other aggrieved persons cannot express their protest on the illegal deeds continued by the government in matter of recruitment of public appointments and therefore they
