Kerala High Court
Kerala Public Service Commission vs Deepthy J.R on 8 September, 2021
OP(KAT) NO. 139 OF 2021 & Con.cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
OP(KAT) NO. 139 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA 179/2021 OF KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
PETITIONER/S:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,PATTOM,
THIRUVANANTHAPURAM-695004.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 DEEPTHY J.R.
AGED 28 YEARS
D/O RAJENDRABABU,KRISHNAVILASAM,SREENIVASAPURAM.P.O,
VARKALA,CHEMMARUTHY,THIRUVANANTHAPURAM-695145.MOBILE
NO.9048732860.
2 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF
AGRICULTURE DEPARTMENT AND FARMERS WELFARE,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
3 THE DIRECTOR,
DIRECTORATE OF AGRICULTURE DEVELOPMENT AND FARMERS
WELFARE,VIKAS BHAVAN,THIRUVANANTHAPURAM-695033.KERALA.
4 KERALA AGRICULTURAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,PANANCHAKAM COLONY,
MANNUTHY,THRISSUR,KERALA-680651...KERALA.
5 ANJUMOL.P,
AGE AND FATHER'S NAME NOT KNOWN TO THESE
APPLICANTS,.PULIKKAPARAMBIL HOUSE,VILAYIL POST,
KUZHIMANNA VIA,MALAPPURAM-673641.
OP(KAT) NO. 139 OF 2021 & Con.cases
2
BY ADVS.
C.A.MAJEED
K.H.ASIF
MOLTY MAJEED
P.B.UNNIKRISHNAN NAIR
RUBEN GEORGE ROCK
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO. 139 OF 2021 & Con.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
OP(KAT) NO. 142 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA (EKM) 1891/2020 OF KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
PETITIONER/S:
THE KERALA PUBLIC SERVICE COMMISSION,
THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004,
REPRESENTED BY ITS SECRETARY, KERALA.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 RIYA.K.JOY
AGED 30 YEARS
D/O.K.K.JOY, RESIDING AT KALAPURAKKAL HOUSE, ELINJIPRA P.O.,
THRISSUR, KERALA-680721, MOBILE-9895127545.
2 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001, KERALA.
3 KERALA AGRICULTURAL UNIVERSITY
VELLANIKKARA, TRISSUR DISTRICT-680656, REPRESENTED BY ITS
REGISTRAR, KERALA.
4 ACADEMIC DIRECTOR,
THE ACADEMIC COUNCIL, KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR DISTRICT-680656, KERALA.
BY ADV SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 139 OF 2021 & Con.cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
OP(KAT) NO. 147 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA (EKM) 107/2021 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH, ERNAKULAM
PETITIONER/S:
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
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 AKHILA KOMATH
AGED 30 YEARS
D/O. RADHAKRISHNAN, KOMATH, KARAYAD, MEPPAYUR, KOZHIKODE,PIN-
673 524
2 HARITHA
AGED 27 YEARS
D/O. RAVEENDRAN, HARISREE HOUSE, KAYAKKODI P.O., KUTTIADI,
KOZHIKODE,PIN-673 508
3 BINDHIYA.B
AGED 27 YEARS
D/O. BABURAJAN.K.P., VATTOLI P.O., AMBALAKKULANGARA,
KOZHIKODE,PIN-673 507
4 ROJA THOLATH,
AGED 24 YEARS
D/O. RAJAN T.C., THOLATHA HOUSE, HILL BAZZAR, KUNNAMKULAM
P.O., THRISSUR,PN-680 503
5 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
AGRICULTURE, GOVERNMENT THIRUVANANTHAPURAM-695 001
OP(KAT) NO. 139 OF 2021 & Con.cases
5
6 MAHESH.K.
AGED 34 YEARS
S/O. KRISHHAN UNNITHAN, K.V.BHAVAN, MOOTHALA P.O., PALLICKAL-
KILIMANOOR, THIRUVANANTHAPURAM-695 604
7 SHAIJU.S.E.
AGED 25 YEARS
S/O. SASIDHARAN.P., PULIYARATHAKAL, VADAKKEKARA PUTHEN VEEDU,
KODANNOOR, KOOVALASSERY P.O., THIRUVANANTHAPURAM-695 512
8 SYAM.R.
AGED 35 YEARS
S/O. K.RAVEENDRAN, KRISHNALAYAM,POONKODU, CHADAYAMANGALAM
P.O., KOLLAM,PIN-691 534
9 SARATHCHANDRAN.B.G.
AGED 27 YEARS
S/O. BALACHANDRAN, VELAYUDHAAMANGALATH PUTHEN VEEDU, KANDALA,
KANDALA P.O., THIRUVANANTHAPURAM,PIN-695 512
BY ADVS.
LIJIN THAMBAN
G.S.KRISHNAN KARTHA
ARUNKUMAR P.
OTHER PRESENT:
SRI.SAIGI JACOB PLALATTY, SR.GOVT.PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 139 OF 2021 & Con.cases
6
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
=================================================
O.P.(KAT)No.139/2021
(Arising out of the order of the KAT in OA No.179 of 2021 dated 25.1.2021)
O.P.(KAT)No.142/2021
(Arising out of the order of the KAT in OA (EKM)No.1891 of 2020 dated 12.1.2021)
O.P.(KAT)No.147/2021
(Arising out of the order of the KAT in OA (EKM)No.107 of 2021 dated 12.2.2021)
=================================================
Dated this the 8th day of September, 2021
JUDGMENT
Sri.P.C.Sasidharan, learned Standing Counsel for the Public
Service Commission submits that the present OP(KAT)s are
arising out of the impugned interim orders passed by the Kerala
Administrative Tribunal, Ernakulam Bench and now the Tribunal
has passed final verdict in the matter on 31.8.2021 in
O.A.No.179/2021 on the file of the Thiruvananthapuram
Bench,OA(EKM)No.1891/2020 and 107/2021 on the file of the
Ernakulam Bench and that therefore, nothing survives to be
considered in these OP (KAT)s and the matters are to be closed
accordingly.
Hence these matters need not be kept pending any further
for the simple reason that the matters raised in these OPs,
OP(KAT) NO. 139 OF 2021 & Con.cases
which are challenging the interim orders passed by the
Tribunal, had practically become infructuous in terms of the
final verdict of the matter rendered by the Tribunal. Accordingly
the OPs are dismissed as infructuous.
sd/
ALEXANDER THOMAS, JUDGE
sd/
A. BADHARUDEEN, JUDGE
jm/
OP(KAT) NO. 139 OF 2021 & Con.cases
APPENDIX OF OP(KAT) 139/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED
30/12/2016 PUBLISHED BY THE 3RD RESPONDENT FOR
THE POST OF AGRICULTURAL ASSISTANT GRADE II UNDER
CATEGORY NO.444/2016
Annexure A2 TRUE COPY OF THE G.O.(MS)NO.93/2019/AGRICULTURE
DATED 12/07/2019
Annexure A3 TRUE COPY OF THE SHORT LIST ON 24/02/2020
PUBLISHED BY THE 3RD RESPONDENT FOR CATEGORY
444/2016
Annexure A4 TRUE COPY OF THE INTIMATION FOR ONE-TIME
VERIFICATION OF CERTIFICATE ISSUED BY THE 3RD
RESPONDENT
Annexure A5 TRUE COPY OF THE CERTIFICATE ACAD
B2/2020/101/11816 DATED 13/10/2020 ISSUED BY THE
4TH RESPONDENT UNIVERSITY
Annexure A6 TRUE COPY OF THE PROCEEDINGS OF Q.NO.T1529 DATED
01/11/2019 OF THE 14TH LEGISLATIVE ASSEMBLY 16
SESSION
Annexure A7 TRUE COPY OF THE SCREENSHOTS OF THE PROFILE
MESSAGES SHOWING REJECTION OF APPLICATION OF THE
APPLICANT
Annexure A8 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK
LIST 462/2020/ERVI FOR CATEGORY NO.444/2016 FOR
THE SAID POST BROUGHT INTO EFFECT ON 23/12/2020
BY THE 3RD RESPONDENT
Annexure A9 TRUE COPY OF THE INTERIM ORDER DATED 12/01/2020
IN OA(EKM)1879/2020 OF THIS HONOURABLE TRIBUNAL
Exhibit P TRUE COPY OF THE O.A.NO.179 OF 2021 WITH ITS
ANNEXURES.
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 25/01/2021
Exhibit P3 TRUE COPY OF REPLY STATEMENT.
OP(KAT) NO. 139 OF 2021 & Con.cases
APPENDIX OF OP(KAT) 142/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF THE CERTIFICATE OF DIPLOMA IN
ORGANIC AGRICULTURE ISSUED BY THE 3RD RESPONDENT
TO THE APPLICANT HEREIN DATED 20.05.2015.
Annexure A2 TRUE COPY OF THE TRANSCRIPT OF MARK ISSUED BY THE
3RD RESPONDENT TO THE APPLICANT HEREIN DATED
06.05.2015.
Annexure A3 TRUE COPY OF THE NOTIFICATION FOR THE POST OF
AGRICULTURAL ASSISTANT GRADE II CATEGORY
NO.444/2016 IN AGRICULTURAL DEPARTMENT ISSUED BY
THE 2ND RESPONDENT DATED 30.12.2016.
Annexure A4 TRUE COPY OF THE APPLICATION DETAILS OF THE
APPLICANT HEREIN FOR THE POST OF AGRICULTURAL
ASSISTANT GRADE II (CAT.NO.444/2016) DATED
18.10.2017.
Annexure A5 TRUE COPY OF THE GOVERNMENT ORDER
NO.93/2019/AGRL. BY AGRICULTURE DEPARTMENT OF THE
RESPONDENT NO.1 DATED 12.07.2019.
Annexure A6 TRUE COPY OF THE ONE SUB OTV CERTIFICATE ISSUED
TO A SIMILAR PERSON CALLED JANEES, BY THE 2ND
RESPONDENT, DATED 08.09.2020.
Annexure A7 TRUE COPY OF THE COMMUNICATION SEND BY THE 2ND
RESPONDENT TO ONE RAJANI RAJ, SIMILAR CANDIDATE
LIKE THE APPLICANT.
Annexure A8 TRUE COPY OF THE ONE SUCH REPRESENTATION GIVEN BY
THE APPLICANT TO THE 3RD RESPONDENT DATED
25.09.2020
Annexure A9 TRUE COPY OF THE JOINT REPRESENTATION GIVEN BY
APPLICANT ALONG WITH OTHER APPLICANTS THE SAID
POST TO THE 3RD RESPONDENT DATED NIL.
Annexure A10 TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE
2ND RESPONDENT MANDATING TO PROVIDING EQUIVALENCY
CERTIFICATE OBTAINED FROM THE 3RD RESPONDENT TO
ONE SIMILAR PERSON CALLED JANEES DATED NIL.
Annexure A11 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND
RESPONDENT CONTAINING THE RANK LIST FOR SELECTION
TO THE POST OF AGRICULTURAL ASSISTANT GRADE II
STATE WIDE (CAT.NO.444/2016 IN AGRICULTURAL
DEPARTMENT DATED 24.02.2020.
Annexure A12 TRUE COPY OF THE COMMUNICATION NO.ACB
B2/2020/101/V816 ISSUED BY THE 3RD RESPONDENT TO
THE APPLICANT AND OTHER CONCERNED.
OP(KAT) NO. 139 OF 2021 & Con.cases
Annexure A13 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE
REGISTRAR, KERALA AGRICULTURAL UNIVERSITY TO THE
OFFICER OF THE CHIEF MINISTER OF KERALA, DATED
04.11.2020.
Annexure A14 TRUE COPY OF THE GAZETTE NOTIFICATION DATED
15.09.2020 IN CATEGORY NO.112/2020.
Annexure A15 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.20507/2020
DATED 08.12.2020, PASSED BY HON'BLE HIGH COURT.
Exhibit P1 TRUE COPY OF THE O.A.(EKM)NO.1891/2020 WITH ITS
ANNEXURES.
Exhibit P2 TRUE COPY OF INTERIM ORDER DATED 12.01.2021.
Exhibit P3 TRUE COPY OF THE REPLY STATEMENT DATED
15.01.2021.
Exhibit P4 TRUE COPY OF THE M.A. DATED 15.01.2021.
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 03.02.2021.
Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 12.02.2021.
OP(KAT) NO. 139 OF 2021 & Con.cases
APPENDIX OF OP(KAT) 147/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF THE PROSPECTUS OF DIPLOMA IN
AGRICULTURAL SCIENCES 2012, PUBLISHED BY THE
REGISTRAR OF THE KERALA AGRICULTURAL UNIVERSITY
Annexure A2 TRUE COPY OF LETTER NO.A VIII (1) 25152/12/GW
DATED 23.08.2013 ISSUED BY THE 1ST RESPONDENT TO
THE REGISTRAR OF KERALA AGRICULTURAL UNIVERSITY
Annexure A3 TRUE COPY OF THE GAZETTE NOTIFICATION DATED
30.12.2016 OF CATEGORY NO.444/2016 PUBLISHED BY
THE 1ST RESPONDENT
Annexure A4 TRUE COPY OF THE WIDE NOTIFICATION OF PROBABILITY
LIST, PL.NO.09/2020/ERVI, CAT NO.444/2016 DATED
24.02.2020 PUBLISHED BY THE 1ST RESPONDENT
Annexure A5 TRUE COPY OF THE GOVERNMENT ORDER N.93/2019/AGRI
DATED 12.07.2019
Annexure A6 TRUE COPY OF THE RANKED LIST NO.462/2020/ERVI IN
CAT.NO.444/2016 BROUGHT INTO FORCE BY THE 1ST
RESPONDENT WITH EFFECT FROM 23.12.2010
Exhibit P1 TRUE COPY OF THE O.A.(EKM) NO.107/2021 WITH ITS
ANNEUXRES
Exhibit P2 TRUE COPY OF MISC.APPLICATION FOR IMPLEADING THE
RESPONDENT NOS 6 TO 9
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 15.01.2021
IN OA (EKM) 107/2021
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 03.02.2021
IN OA (EKM) NO.107 OF 2021
Exhibit P5 TRUE COPY OF THE ORDER DATED 12.02.2021 IN OA
(EKM) NO.107 OF 2021
