The court emphasizes the necessity of fair administrative action when considering penalties on professional certifications, particularly following a minor omission.

J U D G M E N T

Dated this the 22^nd day of October, 2025 The petitioner is recognized as a Draftsman and issued with Competency Certificate under Rule 2A of the Kerala Factories Rules (‘the Rules’ for short), which entitles her to prepare building plans and other structural drawings for factories under Section s 6 and 112 of the Factories Act, 1948 (‘the Act’ for short). While working on the strength of the Competency Certificate issued, the petitioner had prepared and submitted a plan for registration of a factory named ‘SWV Metals Private Limited’, under Section 85 of the Act. The plan prepared by the petitioner was forwarded to the Director of Factories and Boilers/ 2^nd respondent. After scrutiny of the application, the 2^nd respondent issued Exhibit P3 notice requiring the petitioner to show cause why her Competency Certificate should not be cancelled for deliberately suppressing the existence of the Eramalloor St. Francis LP School building immediately in front of the proposed factory. Thereupon, the petitioner submitted Exhibit P4 explanation admitting the omission on her part in describing the existing school building in the plan. Being not satisfied with the explanation, the 2^nd respondent issued Exhibit P5, finding the omission to be a fabrication of the plan and cancelling the Competency Certificate issued to the petitioner. Aggrieved, this writ petition is filed seeking the following reliefs;

“i) issue a writ of certiorari or other appropriate writ, order or direction to call for the records leading to Ext.P5 and quash the same.

ii) issue a writ of mandamus or other appropriate writ, order or direction to 2^nd respondent to allow the petitioner to continue as a Draftsman-A as envisaged under Factories Act, 1948 and Kerala Factories Rules , 1957.

iii) to issue an order or direction declaring that the conditions mentioned in Ext.P1 certificate so far as it is inconsistent with Kerala Factories Rules , 1957 as ultravires the Rules, 1957.”

2. Learned Counsel for the petitioner contended that the petitioner having admitted her mistake, the 2^nd respondent was not justified in imposing the harsh punishment of cancelling the Competency Certificate. It is contended that Rule 3(2)(b)(i.) only requires the plan to be drawn to scale showing the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc. Moreover, immediately on receipt of Exhibit P3, the petitioner had submitted a revised plan showing the existing school building and based on that plan, licence of the factory was renewed. According to the learned Counsel, the distance criteria is not applicable since a portion of the school building is in a dilapidated condition and the petitioner had taken the measurement from the portion of the building in which the school is actually functioning.

3. Learned Government Pleader submitted that as per Rule 3(3) of the Kerala Factories Rules , the siting of the factory should be at a minimum distance of 25 meters from educational institutions. In the inspection conducted by the 2^nd respondent, it was revealed that the distance between the proposed factory and the existing school is only 9 meters. Being so, the omission to mention about the existence of school building in the immediate vicinity is nothing but deliberate suppression amounting to fabrication. It is submitted that the plan and proposal was submitted under Section 85 of the Factories Act for establishment of a new factory. The said plan was not approved and permit of the existing factory alone was renewed. 4. Indisputably, an educational institution is existing adjacent to the proposed factory. In the plan submitted by the petitioner, she did not describe the existing school building as a building in which an educational institution is functioning. As per Rule 3(3), the factory will not be granted siting permission if there is an educational institution within 25 meters.