Kerala High Court
Kerala Public Service Commission vs Nikhil S.P on 3 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Murali Purushothaman
2024:KER:73221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(KAT) NO. 128 OF 2020
AGAINST THE ORDER DATED 18.01.2019 IN OA NO.2351 OF
2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS NO.1 & 2:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM, PALACE P.O.,
THIRUVANANTHAPURAM,
KERALA - 695 004.
2 REGIONAL OFFICER,
KERALA PUBLIC SERVICE COMMISSION,
REGIONAL OFFICE,
KOLLAM, KERALA - 691 001.
BY ADV SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANTS & RESPONDENT NOS. 3 & 4:
1 NIKHIL S.P.,
AGED 30 YEARS, S/O.SNEHA CHANDRAN,
RESIDING AT CHARUVILA PUTHEN VEEDU,
KOONAYIL, PARAVUR P.O.,
KOLLAM, KERALA - 691 301
MOBILE-9995365477.
2 PRADEEP S.,
AGED 30 YEARS,
S/O. SASIDHARAN NAIR,
RESIDING AT PRAMOD VILASAM,
ANAKUNNAM, PALLICKAL P.O.,
THIRUVANANTHAPURAM, KERALA - 695 604.
2024:KER:73221
OP(KAT) NO.128 OF 2020
2
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 DIRECTOR OF TECHNICAL EDUCATION,
OFFICE OF THE DIRECTORATE OF TECHNICAL
EDUCATION, PADMAVILASOM STREET,
FORT P.O., THIRUVANANTHAPURAM - 695 023.
BY ADVS.
SRI. V.T.RAGHUNATH
SRI. P.MOHAMED SABAH
SMT. NISHA BOSE - SR. GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:73221
OP(KAT) NO.128 OF 2020
3
JUDGMENT
A.Muhamed Mustaque, J.
This is the case where the Tribunal found that the party respondents are entitled to be included in the rank list. By the passage of time, the rank list in this case expired on 01.05.2021. The question is whether the party respondents qualification is equivalent to the qualification prescribed in the notification issued by the Public Service Commission. In this case, the rank list was published on 02.05.2018. After the publication of the rank list, the Government considered the qualification possessed by the applicants/party respondents on 02.08.2019. The Tribunal considered the matter and directed the Public Service Commission for inclusion in the rank list without adversely affecting those who were already in the rank list. This was questioned by the Public Service Commission.
2. As we note, by passage of time, the rank list expired. The Public Service Commission obtained a stay of 2024:KER:73221 OP(KAT) NO.128 OF 2020 4 operation of this order as early as on 18.03.2020. No right of the party respondents have been protected.
In the light of the above, we are of the view that the issue canvassed in this matter can be left open for future decision. Since no relief can be granted to the party respondents, we are of the view that the Original Petition filed by the Public Service Commission has to be allowed holding that the party respondents cannot be granted a relief in this matter. All the questions urged in the matter are left open.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR 2024:KER:73221 OP(KAT) NO.128 OF 2020 5 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE O.A NO.2351/2017 WITH ITS ANNEXURES.
EXHIBIT P1(A1) TRUE COPY OF THE NOTIFICATION DATED 26.11.2015 FOR CATEGORY NO.415/2015.
EXHIBIT P1(A2) TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO THE 1ST APPLICANT.
EXHIBIT P1(A3) TRUE COPY OF THE CERTIFICATE IN KERALA GOVERNMENT CERTIFICATE EXAMINATION IN CIVIL ENGINEERING ISSUED TO THE 1ST APPLICANT.
EXHIBIT P1(A4) TRUE COPY OF THE CERTIFICATE IN SURVEY TEST LOWER ISSUED TO THE 1ST APPLICANT.
EXHIBIT P1(A5) TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO THE 2ND APPLICANT.
EXHIBIT P1(A6) TRUE COPY OF THE CERTIFICATE IN KERALA GOVERNMENT CERTIFICATE EXAMINATION IN CIVIL ENGINEERING ISSUED TO THE 2ND APPLICANT.
EXHIBIT P1(A7) TRUE COPY OF THE CERTIFICATE IN SURVEY TEST LOWER ISSUED TO THE 2ND APPLICANT.
EXHIBIT P1(A8) TRUE COPY OF THE ADMISSION TICKET ISSUED TOP THE 1ST APPLICANT BY KPSC FOR APPEARING FOR THE OMR EXAMINATION FOR THE POST OF SURVEYOR GRADE II IN THE SURVEY AND LAND RECORDS DEPARTMENT.
2024:KER:73221 OP(KAT) NO.128 OF 2020 6 EXHIBIT P1(A9) TRUE COPY OF THE ADMISSION TICKET ISSUED TOP THE 2ND APPLICANT BY THE KPSC FOR APPEARING FOR THE OMR EXAMINATION FOR THE POST OF SURVEYOR GRADE II IN THE SURVEY AND LAND RECORDS DEPARTMENT.
EXHIBIT P1(A10) TRUE COPY OF THE RELEVANT EXTRACTS OF THE PROBABILITY LIST FOR THE POST OF SURVEYOR GRADE II IN THE SURVEY AND LAND RECORDS DEPARTMENT IN CATEGORY NO. 415/2015 PUBLISHED BY THE REGIONAL OFFICE OF THE KPSC, KOLLAM ON 07.11.2017.
EXHIBIT P1(A11) TRUE COPY OF THE MESSAGE RECEIVED BY THE 1ST APPLICANT FROM THE RESPONDENT ON 28/11/2017.
EXHIBIT P1(A12) TRUE COPY OF THE G.O(MS) NO.165/10/PD DATED 21.05.1970.
EXHIBIT P2 TRUE COPY OF THE MISCELLANEOUS APPLICATION.
EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION WITH ANNEXURES. EXHIBIT P3(MA1) TRUE COPY OF THE REPRESENTATION FILED BY THE MISCELLANEOUS APPLICANT BEFORE THE ADDITIONAL 3RD RESPONDENT ON 30.1.2018.
EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC.
EXHIBIT P5 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE REPLY STATEMENT DATED -03-2018.
EXHIBIT P5(A13) TRUE COPY OF G.O(P) NO.417/82/GAD DATED 23.12.1982.
EXHIBIT P5(A14) TRUE COPY OF THE COMMUNICATION NO.C4/48092/2017 DATED 5.1.2018 OF THE DIRECTOR OF TECHNICAL EDUCATION. EXHIBIT P5A(15) TRUE COPY OF G.O(RT) NO.999/2003/H.EDN DATED 16.07.2003. EXHIBIT P5(A16) TRUE COPY OF THE SCHEME OF K.G.C. EXAMINATION (REVISION 2003).
2024:KER:73221 OP(KAT) NO.128 OF 2020 7 EXHIBIT P5(A17) TRUE COPY OF THE QUESTIONNAIRE SUBMITTED UNDER THE RTI ACT, 2005 TO THE STATE PUBLIC INFORMATION OFFICER, DIRECTORATE OF TECHNICAL EDUCATION DATED NIL.
EXHIBIT P5(A18) TRUE COPY OF THE INFORMATION RECEIVED ON 20.01.2018 FROM STATE PUBLIC INFORMATION OFFICER, DIRECTORATE OF TECHNICAL EDUCATION.
EXHIBIT P5(A19) TRUE COPY OF THE INFORMATION RECEIVED ON 20.01.2018 FROM STATE PUBLIC INFORMATION OFFICER, DIRECTORATE OF TECHNICAL EDUCATION.
EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT OF THE 4TH RESPONDENT.
EXHIBIT P6(A R4(a) TRUE COPY OF G.O.(P) NO.16/87/P AND ARD DATED 30/07/1987.
EXHIBIT P7 TRUE COPY OF THE REJOINDER TO THE
REPLY STATEMENT OF THE 4TH
RESPONDENT.
EXHIBIT P7(A20) TRUE COPY OF THE QUESTIONNAIRE
SUBMITTED BY THE APPLICANT ON
10/07/2018 UNDER THE RIGHT TO
INFORMATION ACT,2005.
EXHIBIT P7(A21) TRUE COPY OF THE INFORMATION RECEIVED
UNDER THE RIGHT TO INFORMATION
ACT,2005 ON 23/08/2018 FROM THE
DIRECTORATE OF TECHNICAL EDUCATION. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 18.01.2019 IN O.A NO.2351/2017.