“C.R.”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH WEDNESDAY, THE 12 TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946 WP(C) NO. 213 OF 2023 PETITIONERS:

1 DR. M. NAVAS, TECHNICAL OFFICER GRADE-V, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695012 (NOW ON DEPUTATION AS SENIOR SCIENTIFIC OFFICER, STATE MEDICINAL PLANTS BOARD, ARI CAMPUS, POOJAPPURA, THIRUVANANTHAPURAM, PIN 695012.

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2 DR. S. AJIKUMARAN NAIR TECHNICAL OFFICER GRADE-IV, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE P. O., PALODE, THIRUVANANTHAPURAM DISTRICT, PIN 695562.

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BY ADVS.

S. P. ARAVINDAKSHAN PILLAY N. SANTHA PETER JOSE CHRISTO S. A. ANAND K. N. REMYA L. ANNAPOORNA VISHNU V. K.

ABHIRAMI K. UDAY V. VARGHESE RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCIENCE AND TECHNOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001.

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2 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN 695004, –

REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT.

3 JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, KARIMANCODE P. O., PALODE, THIRUVANANTHAPURAM DISTRICT, PIN 695562, –

REPRESENTED BY ITS DIRECTOR.

4 THE DIRECTOR, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCHINSTITUTE, KARIMANCODE P. O., PALODE, THIRUVANANTHAPURAM DISTRICT, PIN 695562.

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BY ADVS.

P. C. SASIDHARAN SC - KSCSTE –

C. K. KARUNAKARAN SC - TBGARI ARAVIND BABU REMIL REGI GEORGE(K/479/2022)

MARY BEENA JOSEPH SENIOR GP –

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

12.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

D. K. SINGH, J. --------------------------

W.P.(C) No. 213 of 2023 -------------------------

Dated this the 12^th day of February, 2025 “C.R.”

JUDGMENT

1. Heard Mr V. Varghese, learned Counsel for the petitioner, Ms Jeona, learned Counsel representing Mr P. C. Sasidharan, learned Standing Counsel for the 2^nd respondent, Mr K. V. Krishnakumar, learned Standing Counsel for the 3^rd and 4^th respondents and Ms.

Mary Beena Joseph, learned Senior Government Pleader.

2. The petitioners are before this Court since 2016 in three successive writ petitions in respect of not granting appointments to them on the post of Scientist B in Jawaharlal Nehru Tropical Botanic Garden and Research Institute, Thiruvananthapuram (hereinafter referred to as ‘JNTBGRI’ for short) after they got selected.

3. The petitioners are working as Technical Officers Grade - V and IV, respectively, in the service of JNTBGRI. The JNTBGRI is working under the Kerala State Council for Science Technology and Environment, Thiruvananthapuram. The Chief Minister of the State is the president of the said Council. The Chief Secretary and the Vice Chairman of the State Planning Board are the Vice Presidents. The Secretary to Finance Department of the State is one of the members of the State Council.

4. The petitioners’ educational qualifications are M.Sc. and Ph. D. Degrees. The JNTBGRI issued the notification on 22.12.2010 inviting applications for various posts, including Scientist – C, Scientist – B, etc. The 2^nd petitioner applied for the post of Scientist – B in pursuance to the notification in Exhibit P-1 dated 22.12.2010. However, the respondents did not make the selection for the posts advertised vide the notification dated 22.12.2010.

5. The 4^th respondent, five years thereafter issued the notification dated 11.09.2015 inviting applications for appointment to various posts such as Scientist – B, C, E1 and Librarian. A corrigendum was issued on 27.09.2015. The internal as well as the candidates from the open market could have applied for the posts advertised vide the notification in Exhibit P-2 dated 11.09.2015. Vide the corrigendum dated 27.09.2015 in Exhibit P-2(a), age relaxation has been granted to the internal candidates up to 50 years, and educational qualification, i.e. M.Sc., was