JUDGMENT

Anil K. Narendran, J.

The appellant filed W.P.(C)No.27203 of 2024, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 notification dated 14.06.2024 issued by the 2^nd respondent Kerala Public Enterprises (Selection and Recruitment) Board for the post of Managing Director of the 4^th respondent Kerala State Co-operative Textile Federation (TEXFED) and to quash the qualification prescribed in the said notification that the applicant should be a graduate in Textile Technology with 10 years post qualification experience/Diploma Holder in textile Technology with 15 years post qualification experience. The petitioner also sought for a writ of mandamus commanding the respondents to revise the qualification for selection to the post of Managing Director of TEXFED prescribed in Ext.P4 notification by fixing graduation as minimum qualification with experience as additional qualification, so as to enable persons like the petitioner to apply for the said post. The learned Single Judge, by the impugned judgment dated 30.07.2024, dismissed the writ petition. Feeling aggrieved the appellant is before this Court in this writ appeal, invoking the provisions under Section 5 of the Kerala High Court Act, 1958.

2. Along with I.A.No.1 of 2024 filed by the 4^th respondent, Annexure R4(a) bye-laws of TEXFED is placed on record.

3. Heard the learned counsel for the appellant-petitioner, the learned Senior Government Pleader for the 1^st respondent State and the learned Standing Counsel for TEXFED for respondents 3 and 4.

4. The issue that arises for consideration in this writ appeal is as to whether any interference is warranted on the impugned judgment dated 30.07.2024 of the learned Single Judge, whereby W.P.(C)No.27273 of 2024 filed by the petitioner was dismissed, thereby declining the reliefs sought for.

5. Clause 36 of Annexure R4(a) bye-laws of TEXFED, which deals with the Chairman/Managing Director reads thus;

“36. Chairman/Managing Director: The Government of Kerala shall have the power to appoint Managing Director of the Federation in consultation with the Chairman and the Chairman will be elected from the Board of Directors. (a) The terms and conditions of appointment including remuneration of the Chairman and the Managing Director of the Federation shall be fixed by the Government of Kerala.

(b) Chairman;

The Chairman of the Federation shall exercise such powers of the Board of Directors as may be delegated to him by the Board. When present, he shall preside over the meetings of the General Body, Board of Directors and Committees of which he is the Chairman.”

6. Clause III(1) and (3) of Ext.P4 notification dated

14.06.2024 issued by the 2^nd respondent Kerala Public Enterprsies (Selection and Recruitment) Board, which deals with the qualification and experience for appointment as Managing Director of TEFED reads thus;

“1. Qualification: Graduation in Textile Technology and 10 years’ post qualification experience/Diploma in Textile Technology and 15 years’ post qualification experience.

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3. Experience:(i) 10 years’ post qualification experience in mills with a capacity of 20000 spindles with turnover of Rs.40 Crores of Graduate candidates. (ii) 15 years’ post qualification experience in mills with a capacity of 20000 spindles with turnover of Rs.40 Crores for Diploma candidates.”

7. The reasoning of the learned Single Judge in the impugned judgment dated 30.07.2024 for declining the reliefs sought for in the writ petition, as contained in paragraph 6 of that judgment reads thus;

“6. The eligibility and suitability of the candidate has to be determined as per the qualification prescribed in the Service Rules. So far as the Bye Laws of the TEXFED are concerned, the same does not prescribe the qualifications for the post of Managing Director. Therefore, the selection has to be made on the basis of the qualifications prescribed in the notification. Sl.No.III of Ext