Denial of employment benefits solely based on temporary residency infringes upon fundamental rights guaranteed under the Constitution.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner, who has passed SSLC and ITI (Fitter), seeks to quash Ext.P3 notification issued by the Kerala Public Enterprises (Selection and Recruitment) Board for selection to the post of Operator in Keltron Component Complex Limited.

2. The 2^nd respondent-Keltron Component Complex Limited is a State Public Sector Undertaking. The 2^nd respondent invited applications to fill up technical vacancies in their establishment. The petitioner submitted online application for the post of Operator (Fitter). Examination for selection was held on 03.03.2024. The petitioner was selected and placed at Rank No.6.

3. The petitioner states that appointment letters were issued to four selected candidates. The petitioner was not appointed. The petitioner states that out of the four candidates, who were appointed, two opted other Branches and only the other two joined service. Therefore, there are two posts lying vacant. The petitioner was not given appointment letter holding that he is a resident of Mahe within the Union Territory of Puduchery.

4. The petitioner belongs to Thiyya community and the petitioner was temporarily living in Mahe at the time of making application. Therefore, the petitioner was treated as Thiyya of Mahe. The contention of the respondents is that only Thiyyas of Kerala State are entitled to OBC reservation benefits.

5. The petitioner states that he is a resident of Kuthuparamba Municipality of Kannur District and he cannot be denied appointment to the post of Operator (Fitter). Denial of appointment to the petitioner would offend the fundamental right of the petitioner under Articles 14 and 16 of the Constitution of India.

6. The respondents resisted the writ petition. The petitioner was not considered for the MJD vacancy against reservation in the E/B/T community as he belongs to the Thiyya community of the Union Territory of Puduchery. It is an admitted fact that the petitioner is a permanent resident of Mahe, Union Territory of Puduchery. The petitioner can get appointment only when two vacancies against Open Competition (OC) turns are reported to the Board. The respondents asserted that the petitioner does not belong to any backward class community in the State of Kerala.

7. The counsel for the petitioner relied on the judgment of the Hon’ble Apex Court in Marri Chandra Sekhar Rao v. Dean, Seth GS Medical College and others, (1990) 3 SCC 130 wherein it has been held that by force of circumstances, either of employment or of profession, if students or persons apply in the migrated State, where without affecting prejudicially the rights of the Scheduled Castes and Scheduled Tribes in those States or areas, any facility or protection for continuance of study or admission can be given to one who has or migrated and some consideration is desirable to be made on that ground. It would, therefore, be necessary and perhaps desirable for the legislators or the Parliament to consider appropriate legislations bearing this aspect in mind.

8. The Standing Counsel for the 3^rd respondent also relied on the judgment in Marri Chandra Sekhar Rao (supra) and urged that the Hon’ble Apex Court has held that neither Article 14, 16, 19 nor Article 21 is denuded by migration but one must enjoy those rights in accordance with the law if they are otherwise followed in the place where he migrates. There is no inhibition in a Scheduled Caste or Tribe migrating, but when he migrates, he does not and cannot carry any special rights or privileges granted to him in the original State.

9. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1^st respondent and the respective Standing Counsel appearing for respondents 2 and 3.

10. The petitioner satisfies all the eligibility conditions for recruitment to the post of Operator in Keltron Component Complex Limited prescribed in Ext.P3 r