Kerala High Court annuls appointment of one more general manager in Kochi metro

Candidate fell short of minimum age limit for the post by 19 days, reveals RTI

April 23, 2022 09:36 pm | Updated 09:40 pm IST

Questions are being raised about appointments in Kochi Metro Rail Limited (KMRL), with the Kerala High Court annulling the appointment of Nireesh C., its general manager (marketing, alternative revenue and corporate communications), the second GM appointment to be annulled by the court in the past one year.

The GM, human resources, had resigned a year ago after the High Court held that his appointment was illegal, as he lacked the mandated educational qualifications. In the latest case, Justice V.G. Arun annulled the appointment of the GM on a writ petition by Suresh George, who came second in the interview conducted for the post.

The case pertains to KMRL inviting applications for the post in September 2020, wherein the age was specified as between 45 to 55 years. Four candidates had qualified for the interview. Sensing something amiss after the interview, the petitioner gathered details under the RTI Act about Mr. Nireesh, which revealed that he had not attained the age of 45 as on September 1, 2020, and that his date of birth was September 19.

The counsel for Mr. George contended that the decision to interview the person who fell short of the specified age by 19 days was illegal and also reeked of “mala fides”, evidenced by the huge difference in marks awarded to him and the other candidates. The counsel contended that KMRL being a public authority, its officers could not dole out favours to persons of their choice.

The counsel for respondents, which include KMRL, said the petitioner incurred delay in filing the writ petition, and that he had failed to secure the requisite marks. He further argued that he had crossed the prescribed minimum age as on the date of notification, date of submission of application, and the last date to apply. The metro agency’s (then) managing director, three functional directors, and an external expert had unanimously selected him, based on his performance and experience, and had further decided to relax the minimum age criteria by 19 days, in the organisation’s best interest, since he outperformed other candidates.

Having found the appointment of the respondent to be illegal, the court cannot shirk away from its responsibility by reason of delay in challenging the appointment. An illegal appointment will not get legitimised or sanctified by efflux of time. The contention that the petitioner has no legal right to challenge the appointment is liable to be rejected, in view of the admitted position that the petitioner had participated in the selection process and secured the second rank, the court said and ordered KMRL to take necessary consequential action within one month on receipt of a copy of the judgment.

Deputation

Responding to the judgment, KMRL sources said the opinion of the senior counsel who appeared for the agency would be sought on whether to go in appeal or to seek a stay on the High Court order. In addition, steps will be taken to maintain higher vigil in the selection process, including by preferring to appoint qualified personnel on deputation from other agencies. Postings through deputation are in sync with the Centre’s policy and are good, especially for senior-level appointments, they said.

It has the advantage that the track record of candidates can be verified. They can be sent back to their parent agency if they fell short on any count. Most other metro agencies, including Delhi Metro Rail Corporation (DMRC), have been using the method, the sources added.

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