The requirement for ACR/VCs as a shortlisting criterion was declared illegal since it was not previously mandatory, necessitating a fresh selection process.

J U D G M E N T

A.K. Jayasankaran Nambiar, J.

As the Writ Appeals and Writ Petition involve a common issue, they are taken up together for consideration and disposed by this common judgment.

2. The issue that arises for consideration in these cases is the legality of a selection process carried out for selection of a member of the Kerala State Electricity Regulatory Commission [hereinafter referred to as the “KSERC”]. Although the selection process is ongoing, a challenge to the same has been laid by persons who have been excluded from the selection process at various stages on account of the shortlisting criteria fixed by the Selection Committee. While the petitioner in W.P.(C).No.19531 of 2022 is aggrieved by his exclusion on account of his not satisfying the age requirement specified in the shortlisting criteria, the appellant in W.A.No.718 of 2022 and the 2nd appellant in W.A.No.673 of 2022 are those who are aggrieved by their exclusion in the subsequent stages of shortlisting, with the latter being excluded on account of non-production of ACR/VC [Annual Confidential Report/Vigilance Clearance] in relation to his previous employment, which too was a criteria adopted by the Selection Committee for shortlisting. The brief facts necessary for disposal of these cases are as follows:

By a notification dated 22.2.2021, the State Government had notified the vacancy to the post of member, KSERC, and had invited applications from those who possessed the qualifications specified in the notification. The petitioner/appellants [save the 1st appellant in W.A.No.673 of 2022, which is an Association] responded to the said notification, and it is the admitted case that the said persons satisfied the eligibility requirements for applying for the post in question. It would appear that when the selection process commenced, W.P. (C).No.9483 of 2021 was preferred by the appellant in W.A.No.718 of 2022, alleging a non-adherence to the proper procedure for selection. In that writ petition, a counter affidavit was filed by the State Government detailing the steps taken by them in connection with the selection process, and taking note of the said counter affidavit, the writ petition was dismissed as evident from Ext.P4 judgment produced in W.A.No.718 of 2022. Thereafter, the selection process continued with the Selection Committee resorting to a shortlisting procedure so as to bring down the list of candidates from the initial number of 95 to 42, 28, 17 and eventually, 5. The petitioner in W.P.(C).No.19531 of 2022 is a person who did not make it to the list of 42, since he did not satisfy the shortlisting criteria of age, in that, he had crossed the age of 61 as on 23.12.2021. The 2nd appellant in W.A.No.673 of 2022 is a person who, although made it to the list of 42 and thereafter to the list of 28, did not make it to the list of 17 inasmuch as he did not satisfy the shortlisting criteria of candidates who had produced their ACRs/VCs in relation to their previous employment. The appellant in W.A.No.718 of 2022 is a person who made it to the list of 17 but was thereafter excluded from the list of 5 persons who were called for physical interview.

3. As already noticed, it was on account of their exclusion at various stages of the shortlisting procedure that the petitioner/appellants approached the writ court. In the judgment impugned in the Writ Appeals, the learned Single Judge dismissed the writ petitions inter alia on the ground that the petitioner having participated in the selection process could not challenge it, that there was no merit in the allegations raised in the writ petition with regard to the manner of conduct of the selection, and lastly that an Association could not file a writ petition on behalf of its members. The separate judgments of the learned Single Judge in the writ petitions are impugned in W.A.No.673 of 2022 and W.A.No.718 of 2022 respectively. W.P.(C).No.19531 of 2022 was directed to be posted along with the aforesaid Writ