Kerala High Court
Saleem.N.P vs The State Of Kerala on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
OP(KAT).No.46 OF 2021
AGAINST THE ORDER IN OA (EKM) No.119/2021 DATED 18-01-2021 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS IN O.A:
SALEEM.N.P
AGED 32 YEARS
S/O UMMAR.N, PERMANENTLY RESIDING AT NELLIPARAMBAN
HOUSE, KARAKKANNU.P.O,
MANJERI, MALAPPURAM DISTRICT-676123.
BY ADVS.
SRI.JOSE ABRAHAM(J-1406)
SRI.E.ADITHYAN
RESPONDENTS 1 TO 2 IN O.A:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE KERALA PUBLIC SERVICE COMMISSION,
THULASI HILLS, PATTOM PALACE.P.O,
THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS SECRETARY.
3 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,
CIVIL STATION, NEW BLOCK, MALAPPURAM-676505.
SRI.B.VINOD, SR.GOVT.PLEADER,
SRI.P.C.SASIDHARAN, SC FOR R2 & R3
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P (KAT) No.46 of 2021
2
ALEXANDER THOMAS & K.BABU, JJ.
===========================
O.P (KAT) No.46 of 2021
[arising out of the order dated 18.01.2021
in O.A(Ekm) No.119/2021 of KAT, Tvm. Bench, Additional Bench at Ekm.]
===========================
Dated this the 26th day of February, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the aforecaptioned Original Petition filed under
Articles 226 & 227 of the constitution of India are as follows (see page
No.11 of the paper book of this O.P):
"i. To call for the records leading to Exhibit P1 order of the Kerala
Administrative Tribunal in O.A. (EKM) No.119 of 2021 and set
aside the same.
ii. To allow the O.A. (EKM) No.119 of 2021 o (sic) the files of
Kerala Administrative Tribunal by granting all Reliefs prayed
for
iii. To issue such other orders or directions as this Hon'ble Court
may deem fit and proper in the circumstances of the case."
2. Heard Sri.Jose Abraham, learned counsel appearing for the
petitioner herein/applicant in the O.A before the Tribunal,
Sri.P.C.Sasidharan, learned Standing Counsel for the Public Service
Commission appearing for respondent Nos.2 & 3 herein/R2 & R3 in
the O.A & Sri.B.Vinod, learned Senior Government Pleader appearing
O.P (KAT) No.46 of 2021
for the 1st respondent-State of Kerala/R1 in the O.A.
3. The prayers in Ext.P-1 O.A (Ekm) No.119/2021 filed by the
applicant are as follows (see page No.30 of the paper book of this O.P) :
"1. To direct the Respondents to treat those candidates passing
the KTET examination scheduled to be conducted on January
17, 2021 as qualified for the post of High School Teacher
(Natural Science) (Malayalam Medium) with category no
384/2020 notified wide (sic) Annexure-A1 Notification.
2. To direct the Second respondent to dispose of Annexure 4
Representation within a reasonable period.
3. To direct the Respondents to extend the last date for
application to the post of High School Teacher (Natural
Science) (Malayalam Medium) with category no 384/2020
that is 3.02.2021 until the Results of the K-TET Examination is
published.
4. To grant such other reliefs as this Hon'ble Tribunal may deem
fit and proper in the circumstances of the case; and
5. To allow the application with costs;"
4. The Tribunal after hearing both sides, has rendered the
impugned Ext.P-1 final order dated 18.01.2021 in O.A (Ekm)
No.119/2021 and para Nos.3 & 4 of the said Ext.P-1 final order
rendered by the Tribunal, reads as follows:
"3. Though the applicant has the other prescribed
qualifications, he has not passed the Kerala Teachers
Eligibility Test (K-TET). It is also pointed out that as per the
notification, candidates who have passed
CTET/NET/SET/M.PHIL/PHD in the respective subjects and
also M.Ed in any subject are exempted from acquiring K-TET.
4. The case of the applicant is that the K-TET
examination which was scheduled to be held in July, 2020 was
postponed to December, 2020 and later to January, 2021, as
can be seen from Annexure-A2 circular. Similarly, the C-TET
and SET examinations were also postponed, due to the Covid
O.P (KAT) No.46 of 2021
pandemic. Usually, the K-TET examination is conducted thrice
a year, whereas C-TET examination is conducted twice a year.
The applicant therefore could not get an opportunity to appear
in any of these examinations. The applicant also prays that
the respondents may be directed to extend the last date for
submission of the applications, i.e., 3-2-2021, till the results of
K-TET examinations are published. The applicant therefore
seeks a direction to the PSC to treat those candidates who pass
the K-TET examination scheduled to be conducted on 17-1-2021
as qualified for the post of High School Teacher (Natural
Science). He has submitted along with some similarly placed
candidates Annexure-A4 representation to the 2nd respondent.
The Original Application is disposed of with a direction
to the 2nd respondent to pass appropriate orders on Annexure-
A4 representation within two weeks of receipt of a copy of this
order. The applicant will produce a copy of this order before
the respondents."
5. After hearing both sides and taking into account the rival
contentions, this Court is of the considered view that the considered
decision rendered by the Tribunal is not liable for any interdiction.
However, in the interest of justice, it is ordered that the 2 nd respondent
may consider and pass orders on Annexure-A4 representation, within
two weeks from the date of receipt of a copy of the order. We only
observe that in case, the competent authority of the 2 nd respondent-
Public Service Commission has not so far passed orders on Annexure-
A4 representation and the matter is still pending, then the petitioner
herein may be permitted to submit his additional written submissions,
if any in the matter, within one week from today and those aspects of
the matter may also be taken into consideration and orders may be
passed on Annexure-A4, in accordance with law, preferably within a
O.P (KAT) No.46 of 2021
period of 4 weeks or within 6 weeks from the date of production of a
certified copy of this judgment. No other directions and orders are
called for in this case. We make it clear that we are not entered into the
merits of the controversy. Needless to say, those matters would fall
within the exclusive domain and province of the Public Service
Commission, who is conducting the selection process in question.
Accordingly, the above Original Petition will stand finally
disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
vgd
O.P (KAT) No.46 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DATED 18.1.2021 IN
O.A.(EKM)NO.119 OF 2021.
EXHIBIT P2 TRUE COPY OF O.A.(EKM)NO.119 OF 2021
ANNEXURE A1 THE TRUE COPY OF THE KPSC NOTIFICATION
DATED 30.12.2020 FOR RECRUITMENT TO THE
POST OF HIGH SCHOOL TEACHER (NATURAL
SCIENCE)(MALAYALAM MEDIUM)WITH CATEGORY
NO.384/2020.
ANNEXURE A2 TRUE COPY OF THE CIRCULAR DATED 17-12-
2020 POSTPONING THE K-TET EXAMINATION.
ANNEXURE A3 TRUE COPY OF THE PUBLIC NOTICE DATED
4.11.2020 ISSUED BY THE CBSE.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
5-1-2021 FORWARDED TO THE SECOND
RESPONDENT.
