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2018 Supreme(Online)(Ker) 74640

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANTONY BINIL.P.B. – Appellant
Versus
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY KOCHI REPRESENTED BY ITS REGISTRAR – Respondent
WP(C) 7417/2018



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 12TH DAY OF MARCH 2018 / 21ST PHALGUNA, 1939 WP(C).No. 7417 of 2018 PETITIONER:

ANTONY BINIL.P.B., AGED 29 YEARS, S/O.BENNY, PALAKKATHARA HOUSE, COCHIN UNIVERSITY PO, S.KALAMASSERY, ERNAKULAM BY ADVS.SRI.AMEER.K.M.

SRI. MOHANAN.K.B SMT.O.A.NURIYA RESPONDENT(S):

1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-22, REPRESENTED BY ITS REGISTRAR

2. THE VICE CHANCELLER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI 22

3. THE PRO VICE CHANCELLER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI 22

4. THE VEHICLE SUPERVISOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI 22

5. STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, TRIVANDRUM 695001 R1 TO R4 BY SRI.S.KRISHNAMOORTHY, SC SRI.S.P.ARAVINDAKSHAN PILLAI, SC, R5 BY SENIOR GOVERNMENT PLEADER SMT. NISHA BOSE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PBS

14/3/2018 ANIL K.NARENDRAN, J.

----------------------------------------------- ----------------------------------------------- Dated this the 12th day of March, 2018

J U D G M E N T

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 final rank list of candidates for the post of Driver Gr.II (on contract basis) prepared pursuant to Ext.P1 notification dated 27.5.2017 issued by the Registrar of the 1st respondent University. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to assign rank in Ext.P2 rank list based on the qualification and experience, in order to fill the vacancies in the post of Driver Gr.II (on contract basis).

2. On 5.3.2018, when this writ petition came up for admission, the learned Standing Counsel for the 1st respondent University sought time to get instructions. On 6.3.2018, the learned Standing Counsel sought further time to get instructions. Therefore, this Court has ordered that appointments, if any made, shall be provisional and subject to further orders in this writ petition.

:-2-:

3. A counter statement is seen filed on behalf of the 1st respondent, pointing out that in the process of selection conducted pursuant to Ext.P1 notification, 28 candidates have participated in the skill test conducted by the officials from the Regional Transport Office, Ernakulam. Out of this, 17 candidates cleared the test and they were called for interview. The marks for driving skill were kept confidential by the Registrar, in a sealed cover till the time of interview.

4. As per the counter statement, the petitioner has got only 55 marks in the skill test and he is positioned as 7th in the rank list. Only those who have passed the driving skill test were called for the interview which was conducted by the selection committee constituted by the Vice Chancellor as per Section 31 of the Cochin University of Science and Technology Act.

5. Today when the case is taken up for further consideration, learned counsel for the petitioner would submit that the petitioner does not want to prosecute this writ petition any further.

:-3-:

Accordingly, this writ petition is dismissed as not pressed, recording the aforesaid submission made by the learned counsel for the petitioner.

Sd/-

ANIL K.NARENDRAN JUDGE ami/13.3.18 //True copy// P.A.to Judge

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