Kerala High Court
Padmanabhan T.P vs Kerala Public Service Commission on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
OP(KAT) NO. 116 OF 2021
AGAINST THE ORDER IN OA (EKM).NO.587/2021 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
PETITIONER/APPLICANT:
PADMANABHAN T.P., AGED 54 YEARS,
S/O. NARAYANAN, NARAYANA NIVAS, POOKKANDAM, MALAPPATTAM
P.O., KANNUR DISTRICT, PIN-670 631,
WORKING AS ATTENDANT IN DEPARTMENT OF ANIMAL HUSBANDRY
(PEN 808479), GOVERNMENT VETERINARY DISPENSARY CHEMPERI,
KANNUR, PIN-670 632.
BY ADVOCATE SRI.LIJIN THAMBAN
RESPONDENTS/RESPONDENTS:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PSC OFFICE, PATTAM,
THIRUVANANTHAPURAM-695 004.
2 THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PSC OFFICE, PATTAM,
THIRUVANANTHAPURAM-695 004.
3 THE CONTROLLER OF EXAMINATIONS ,
KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004.
BY SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR KERALA PUBLIC
SERVICE COMMISSION
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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O.P.(KAT) No. 116 of 2021
[arising out of the impugned order dated 8.4.2021 in
O.A.(Ekm) No. 587 of 2021 on the file of the KAT, Ernakulam Bench]
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Dated this the 16th day of July, 2021
JUDGMENT
The petitioner herein (original applicant) had
approached the Kerala Administrative Tribunal, Ernakulam
Bench, by filing O.A.(Ekm) No.587/2021 and had sought interim
relief therein that he should be permitted to appear in the written
examination scheduled to be conducted by the Kerala Public
Service Commission (PSC) on 11.5.2021 for selection and
appointment to the post of Livestock Inspector Grade-II in Animal
Husbandry Department in Kannur district on the basis of
by-transfer method, which is set apart for Class IV employees.
The Tribunal after hearing both sides had passed the impugned
interim order dated 8.4.2021 in O.A.(Ekm) No.587/2021 whereby
the said interim reliefs sought for by the original applicant had
been rejected. Being aggrieved by said interim order dated
8.4.2021 rendered by the Tribunal, the original applicant had filed
the instant Original Petition under Articles 226 & 227 of the
Constitution of India with the following prayer:
O.P.(KAT) No. 116 of 2021
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"..........set aside Exhibit-P1 order of the Kerala
Administrative Tribunal Addl. Bench, Ernakulam allowing this
original application (KAT) and pass such other writ, direction or
orders as this Honourable Court deems fit and proper on the
facts and circumstances of the case."
2. Going by the pleadings in the counter affidavit of the
Public Service Commission, it appears that the selection
notification dated 13.12.2019 was issued for selection on the
basis of by-transfer method appointment of Livestock Inspector
(Grade-II) in Animal Husbandry Department in Kannur district as
Category No.536/2019 and 12 other districts, wherein the last date
for submission of application was 5.2.2020. Further, an OMR test
was scheduled to be conducted on 11.5.2021 for the above post in
all the districts concerned. The examination calendar for the
month of May, 2021 was published on 1.3.2021 in the official
website of PSC as well as in the PSC Bulletin on 1.3.2021, and also
broadcast through All India Radio. The date, time, duration and
syllabus of examination was included in the examination calendar.
Further, following conditions were stipulated in the examination
calendar both in English and Malayalam languages, for the
information of the candidates, which are as follows:
O.P.(KAT) No. 116 of 2021
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"i. Candidates can sumit their confirmation or writing this
examination through one time registration profile from
20/02/2021 to 11/03/2021.
ii. Candidates who successfully submit their confirmation on
or before 11/03/2021 can download the Admission Tickets
through their One Time Registration Profile in the website
www.keralapsc.gov.in from 26/04/2021."
3. The case of the PSC is that as per the terms and
conditions of the selection process, in order to expedite the
selection process, intimation will not be given by postal
communication to the candidates concerned, and the candidates
will have to confirm their participation in the written test in
advance so that the PSC will be fully equipped to know well in
advance as to the number of candidates who are seriously
interested to participate in the written examination out of the total
candidates concerned. Otherwise, it is felt that many a times, the
buildings of public authorities like schools, etc are utilized by the
PSC for the conduct of examination and many of the candidates
concerned may not actually participate in the examination, and in
the result that if facilities for appearing examination is afforded to
all the candidates including the disinterested ones, then there will
be unnecessary expenses for the conduct of examination, and it is for
O.P.(KAT) No. 116 of 2021
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augmentation and rationalization of such managerial aspects that
PSC insists that the candidates should give their confirmation in
writing in advance and through one time registration of profile
within the period concerned, and it is only for those candidates
who make the registration profile within the time limit who are
enabled to download admission tickets. Further that, in the case of
candidates who do not given their confirmation through the one
time registration profile, then their application will be treated as
rejected or cancelled.
4. It is further case of the PSC that information regarding
submission of confirmation in writing was forwarded to all the
candidates vide profile messages, SMS in the mobile number
concerned and it was also the same in the case of the original
applicant herein. The PSC would place reliance on Ext.R-1(a)
which according to them would show that confirmation message
was conveyed to the original applicant vide SMS intimating that
the time limit for confirmation through the registration profile is
only up to 11.3.2021 and Ext.R-1(a) would show that message in
that regard was sent to the applicant on 19.2.2021 17.57 hours and
O.P.(KAT) No. 116 of 2021
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delivered to the applicant on 20.2.2021 at 6.36 hours. Further, it is
also the case of the PSC that apart from sending SMS, intimation
was also given the profile of the candidate alerting those
candidates including the applicant that the deadline is well in
advance, and the deadline for registration of profile is only up to
11.3.2021. That, the applicant had not registered his profile for
participation in the written examination within the abovesaid
deadline of 11.3.2021, and therefore the application of the original
applicant stands rejected, and after the said deadline, the computer
system does not enable the downloading of admission tickets.
5. Per contra, the case of the original applicant is that, he
had never received the SMS referred to in Ext.R-1(a) and that
Anx.A-5 is the data provided by the call service provider to show
that the SMS was not received by him on 20.2.2021 at 6.36 hours,
etc.
6. The PSC has pointed out that apart from the abovesaid
new modes of alerting through the profile and sending SMS, the
intimation is also given in the official website of the PSC as well as
in the PSC Bulletin, that the registration profile is to be effected
O.P.(KAT) No. 116 of 2021
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for the candidates of present selection for the period from
20.2.2021 up to 11.3.2021 etc.
7. The Tribunal after hearing both sides has held that
there are no valid reasons to grant interim order in this case to
enable him to participate in the written examination scheduled to
be held on 11.5.2021 which now stands deferred to 29.7.2021. It is
this interim order passed by the Tribunal refusing to grant interim
relief is under challenge before us.
8. The Division Bench of this Court in the judgment dated
18.1.2018 in OP(KAT) No.443/2017 {produced as Ext.R-1(C) in this
case} has dealt with issues of this nature and has held therein that
the PSC furnishes these information not only through the SMS
mode but also through various other modes including broadcast
through All India Radio as well as publication in the PSC Bulletin
and PSC website, etc. the candidates will have to strictly adhere to
the time limits. Hence, the Division Bench of this Court held in
that case that judicial interdiction is not called for in such cases,
more so particularly in the light of the decision of this Court in an
earlier case OP(KAT) No. 242/2017 and has accordingly dismissed
O.P.(KAT) No. 116 of 2021
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the original petition.
9. The learned Standing Counsel for the PSC has also
pointed out that if a candidate like the applicant had been alert,
then he would have certainly come to know that the deadline was
only up to 11.3.2021 from the information published by the PSC in
various modes like PSC Bulletin, official website, All India Radio
Broadcast, etc and that any candidate who had been vigilant would
had come to know about the deadline even through other modes
etc.
10. The counsel for the original applicant would point out
that the applicant has crossed the upper age limit and that this is
his last opportunity to qualify in selection process and that this
Court may take into account these aspects.
11. After hearing both sides we are inclined to hold that the
matter is only in the interlocutory stage and the considered interim
order of the Tribunal refusing to grant interim relief does not call
for interference, as it cannot be branded as illegal or perverse.
12. The counsel for the original applicant would point out
that since the examination is now scheduled to be held on
O.P.(KAT) No. 116 of 2021
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29.7.2021, unless he secures an order to participate in the
examination, the matter may become infructuous.
13. The matter is only at the interlocutory stage and if
ultimately the party is successful in the main matter, then certainly
he can press for allowing the prayers, and it is not as if the Tribunal is
powerless to deal with such a scenario if it is ultimately held that in a
case like this if the applicant is entitled to succeed on merits at the
time of disposal of the main matter. For these reasons, we are not
inclined to interfere with the well considered interim order granted
by the Tribunal refusing to grant interim relief and the O.P. is liable
for dismissal. This Court had granted interim order in this case on
11.6.2021. In view of the dismissal of this O.P., needless to say, the
interim order dated 11.6.2021 rendered in this O.P. will stand vacated
and set aside. All contentions open to the original applicant available
in law could be raised by him before the Tribunal, and all reasonable
endeavours may be made by the Tribunal to ensure the early final
disposal of the main matter in O.A.(Ekm) No. 587/2021 without
much delay, preferably within a period of one month or so, if that is
feasible. We have already held that the impugned interim order of the
O.P.(KAT) No. 116 of 2021
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Tribunal refusing grant of interim relief does not call for any
interference. No other orders or directions are called for in this
case.
With these observations and directions, the above
Original Petition (KAT) will stand accordingly disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE
MMG
O.P.(KAT) No. 116 of 2021
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APPENDIX
PETITIONER'S ANNEXURES
EXT.P1 TRUE COPY OF THE ORDER DATED 8TH OF APRIL,
2021 BY THE KERALA ADMINISTRATIVE TRIBUNAL,
ADDL.BENCH, ERNAKULAM IN O.A.(EKM)
NO.587/2021.
EXT.P2 TRUE COPY OF THE MEMORANDUM OF O.A.(EKM)
NO.587/2021 FILED BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH,
ERNAKULAM.
ANX.A1 TRUE COPY OF THE ORDER NO.B2-654/2017/E.O OF
DISTRICT ANIMAL HUSBANDRY OFFICER KANNUR
DATED 29-07-2017
ANX.A2 TRUE COPY OF THE RELEVANT PAGES OF SCHOOL
CERTIFICATE OF THE APPLICANT DATED 25-03-1982
ANX.A3 TRUE COPY OF THE EXTRAORDINARY GAZATTE
NOTIFICATION DATED 05.02.2020 IN CATEGORY
NO.536/2019 BY THE 2ND RESPONDENT.
ANX.A4 TRUE COPY OF THE ONLINE CANDIDATE
REGISTRATION DETAILS DATED 13-01-2020 OF THE
APPLICANT.
ANX.A5 TRUE COPY OF THE CALL/SMS DETAILS OF THE
APPLICANT'S REGISTERED MOB.NO.9497514711 FROM
19/02/2021 TO 21/02/2021.
O.P.(KAT) No. 116 of 2021
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RESPONDENTS' ANNEXURES
EXT.R1(A) TRUE COPY OF THE PRINT OUT OF SMS MESSAGE
ISSUED TO THE PETITIONER REGARDING THE JOB
DETAILS, KEPT IN THE OFFICE OF THE
COMMISSION.
EXT.R1(B) TRUE COPY OF THE LOGIN DETAILS OF THE PROFILE
OF THE PETITIONER
EXT.R1(C) TRUE COPY OF THE JUDGMENT IN OP(KAT)
NO.443/2017 DATED 18/1/2018 PASSED BY THE
HON'BLE HIGH COURT OF KERALA.
EXT.R1(D) TRUE COPY OF THE JUDGMENT IN OP(KAT)
NO.244/2018 DATED 5/7/2018 PASSED BY THE
HON'BLE HIGH COURT OF KERALA.
