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2021 Supreme(Online)(KER) 40010

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 10TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA, 1943 WP(C) NO. 4156 OF 2021 PETITIONERS:

1 JOPHIE MATHEW AGED 41 YEARS S/O MATHEW.M. THOMAS, RESIDING AT VETTICAD HOUSE, NEAR BEKAL CLUB, PADANEKKADU (PO), KASARAGOD, PIN-671 314.

2 JIBY JOSEPH, AGED 38 YEARS S/O JOSEPH, RESIDING AT THURUTHIPPILLIL HOUSE, KAKKOOR (PO), ERNAKULAM, PIN-686 662.

3 ANUP KRISHNA P, AGED 42 YEARS S/O P.KRISHNANUNNY, RESIDING AT PARANGODATH HOUSE, PURANATTUKARA (PO) THRISSUR, PIN-680 551.

4 JANEESH C.V, AGED 38 YEARS S/O VIJAYAN C.K, RESIDING AT CHANGANAPARAMBIL HOSE, MANIKKUNI, SULTHAN BATHERY (PO), WAYANAD, PIN-673 592.

5 PRAVEEN N NAIR, AGED 46 YEARS S/O T.N. NEELAKANTAN NAIR, RESIDING AT PURACKAL VYKUNDAM HOUSE (VINU VIHAR), MARIYAPPALLI (PO).

KOTTYAM, PIN-686 013.

6 JISHMA A, AGED 38 YEARS D/O ARYADAN MAMMU, RESIDING AT ARYADAN HOUSE, MANALODY, NILAMBUR (PO), MALAPPURAM, PIN-679 329.

7 SURAJ R NAIR, AGED 43 YEARS S/O E.K. RAMACHANDRAN NAIR, RESIDING AT POURNAMI HOUSE, ALA (PO), CHENGANNUR, ALAPUZHA, PIN-689 126.

8 RENJITH V, AGED 38 YEARS S/O N. VELLAPPAN NAIR, RESIDING AT VASANTHODAYAM HOUSE, COURT ROAD, NEYYATTINKARA (PO), THIRUVANANTHAPURAM, PIN-695 139.

BY ADVS.

JAWAHAR JOSE SMT.CISSY MATHEWS SRI.JAISON ANTONY RESPONDENT/S:

1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF PANCHAYATHI RAJ, 11TH FLOOR, JEEVAN PRAKASH BUILDING, 25, K.G.MARG, NEW DELHI, PIN-110 001.

2 THE STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3 THE DIRECTOR OF PANCHAYAT, PUBLIC OFFICE BUILDING, MUSEUM (PO), THIRUVANANTHAPURAM, PIN-695 033.

BY ADVS.

VISHNU J., CGC GOVERNMENT PLEADER OTHER PRESENT:

GP PARVATHY KOTTOL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON 10/11/2021 DELIVERED THE FOLLOWING:

Advocates:
['JAWAHAR JOSE', '', 'SMT CISSY MATHEWS', 'SRI JAISON ANTONY', 'VISHNU J', 'CGC', 'GOVERNMENT PLEADER']

JUDGMENT

The writ petitioners were appointed as management Information System Specialist (MIS Specialist) in a Central Government Sponsored Project by name Rajiv Gandhi Panchayat Sashakthikaran Abhiyan (RGPSA) under the Ministry of Panchayats Raj for strengthening Panchayat Raj System. They were appointed through a Nodal Officer appointed by the State Government under the directorate of Panchayath. The above project was restructured and was renamed as Rashtriya Gram Swaraj Abhiyan (RGSA). The petitioners were appointed pursuant to Ext.P1 notification on 20/5/2014. They were allotted with assignments to separate Revenue Districts in the State. The qualification prescribed for MIS specialist in Ext.P1 was Post Graduation in Computer Science/Statistics /Economics or MBA (System) or MCA. Subsequently, the petitioners along with others were terminated from service by Ext.P2 order dated 26/6/2019. It was challenged before this Court in W.P.(C) No.17714/2019. By Ext.P3, the termination was set aside and the petitioners were permitted to continue till alternate arrangements were made. The Central Government had issued guidelines regarding the manner in which RGSA project has to be implemented . As per the guidelines, relevant experience, expertise, qualifications and responsibilities of MIS specialists should be prescribed as per the norms approved by the State Executive Committee (SEC) to be constituted by the State Government.

2. Pursuant to Ext.P3 judgment, SEC in their meeting held in

6/1/2020 evidenced by Ext.P4 minutes decided to restructure the manner of implementation of RGSA project. It was also resolved to constitute a technical sub committee to frame new structure for the implementation of RGSA project . The report of the technical sub committee submitted to the third respondent is Ext.P5. The Government considered the proposal and by Ext.P6 order dated 20/11/2020, accepted the proposal. The qualification proposed in Ext.P5 and P6 was B.Tech.Computer Science. By Ext.P7 order, the above qualification was modified as B.Tech Computer Science /IT or MBA in system management (age below 45 years). Pursuant to the above, notification inviting application on the basis of Ext.P7 was issued as Ext.P8.

3. Contending that the qualification prescribed by Exts.P6, P7 and P8 excluding MCA/M.Sc. (Computer Science)/Statistics/Economics/ Information Technology from the purview of the selection, deviating from the qualifications prescribed in Ext.P1, is illegal, arbitrary and unsustainable in law, the petitioners have approached this court. The writ petition is filed seeking relief to quash Ext.P6, P7 and P8 orders, to declare that exclusion of MCA/M.sc.(Computer Science)/Statistics/Economics/Information Technology graduates from the purview of selection, amounts to arbitrariness as there was no change in the scope of MIS specialist and for a further relief to declare that exclusion of MCA/M.Sc. candidates from the purview of selection was only to exclude the petitioners from submitting the application, as they held the decrees in the said discipline.

4. Pursuant to the notice, respondents appeared and filed a counter affidavit on behalf of the second respondent.

5. According to the respondents, under the project of RGSA, a programme Management Unit ( PMU) has to be set up in State and District Level to implement and monitor the project as per the guidelines. The PMU at the State level will coordinate the entire activities and give overall leadership vision and policy level interventions. District Level PMUs will feed necessary support in the area of Management Information System (MIS), public works and will ensure smooth function of RGSA activities. Ext.P1 notification was issued by the State Nodal Officer ( RGSA) stipulating the specific qualifications decided and approved by a committee constituted under that purpose. It was stated that as per the revised guidelines of RGSA, the PMU shall contain experts in the field of planning,training, econom

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