KERALA HIGH COURT
,
Chandran v. K. S. S. And Chemicals Ltd.
O. P. No. 8771 of 1986
1Petitioner challenges the appointment of the fourth respondent as Warehouse in Charge in the first respondent -- Company He also seeks the issue of a writ of mandamus directing respondents 1 to 3 to appoint him in that post pursuant to Ext. P1 notification.
2 The facts are only a few, but the point involved is of great and far reaching consequence for candidates who seek employment in Corporations owned and controlled by the State and, are, in effect and substance, instrumentalities of the State. The question which is posed is whether such Corporations can act without any guideline in selecting candidates for appointment from among the eligibles? Another question which incidentally arises is whether such selections can be entirely subjective and cannot be challenged even if there are no objective materials to support the selection? Yet another aspect is can such selection be sustained if it is shown that relevant factors were overlooked and extraneous factors were taken into account ?
3 The facts are the following: The first respondent -- Company which is a fully owned subsidiary of the State owned third respondent -- Company invited applications in Ext. .P1 notification dated 18-5-1986 for appointment to various posts including "Warehouse in Charge", The eligibility criteria for the post were:
"1. Post Graduate qualification preferably with Diploma in Materials Management;
2. Minimum experience of 5 years in Materials Management in Chemical Industry; and
3. Age below 40 years."
4 Petitioner applied, along with certificates. He produced Ext. P2, Post Graduate Degree Certificate, Ext. P3, Graduate Diploma in Materials Management after a two years' course of study and Ext. P4 mark list, as also Exts. P5 and P6 certificate to prove 15 years of experience as Equipment Assistant in the Indian Air Force, of which 5 years were in a supervisory capacity. Ext. P5 certificate showed that he had also gained knowledge in principles of stores organisation, inventory control, classification of stores, techniques of office management, audit of stores accounts and preferring claims on carriers. It was also certificate that he had hand led Air Craft Spares, Automobile Spares ,General Engineering Equipment, Airborne Electronic Equipment, Ground, Radio, Radar and Tele communication Equipment, Instruments and Photographic Equipment, Clothing and Accutrements, Petroleum Produces, Aircraft Lubricants, Chemicals and Ration Commodities. Ext. P5 certificate also indicated, that he had gained experience:
"as an Equipment Assistant, he has made himself conversant with the organisation and function of Equipment Regulations (Administration and Accounting of Indian Air Force Equipment) vocabulary of Equipment and schedule of spares, Maintenance of stock record cards (Cardex System), Equipment Procedure, Indentification of all types of Air Force Equipment, maintenance of Flight Lock up and Receipt and Despatch of all types of equipment by Rail, Road, Sea and Air." and
"He has made himself acquainted with the Principles of calculating and reviewing of establishment of stores holding principles of local purchase and its application, methods of storekeeping, warehousing and handling of delicate equipment, procedure of receipt, inspection, storage and issue of stores and methods of preservation of equipment."
His experience and qualifications were reiterated in Ext. P6 Civil and Service Particulars and Ext. P7 -- Formal Application.
5 The fourth respondent was one of the applicants. His qualifications were Post Graduation in Business Administration, one of the subjects of which was Materials Management. He had obtained 70% marks in that subject. Exts. R4(a)1 to R4(a)3 evidence his qualifications. He claimed 9 years of post qualification experience in the filed of materials management as an Executive for general supervision and procurement of building equipments and raw materials in Kaitharam Engineering Corporation from 14th July 1977 to 16th May, 1979. This is eviden
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.