Kerala High Court
Kerala Public Service Commission vs Vaishnav .K.P on 9 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA,
1944
WA NO. 30 OF 2022
AGAINST THE ORDER IN WP(C) 29116/2021 OF HIGH COURT OF
KERALA
APPELLANT/RESPONDNET NO.4:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/PETITIONERS & RESPONDENT NOS.1 TO 3:
1 ANEESH.S, AGED 37 YEARS
S/O. SUMANGALA, ANEESH BHAVAN,
PAZHANGALAM, NALLILA P.O.,
KOLLAM-691 515
2 NISHANTH.V.S., AGED 32 YEARS
S/O.SUKUMARAN.K.,
UTHIRAM VEEDU, KARICKAL,
KARIMPUZHA P.O.,
KOLLAM-691 507
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,
SOCIAL JUSTICE DEPARTMENT,
VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 033
4 THE KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED ITS CHAIRMAN & MANAGING DIRECTOR,
VYDHUTHI BHAVAN,
PATTOM,
THIRUVANANTHAPURAM-695 004
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
2
5 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTIRY BOARD,
VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695 004
6 SECRETARY OF GOVERNMENT
SOCIAL JUSTICE DEPARTMENT, VIKAS BHAVAN, PMG,
TRIVANDRUM, KERALA -695033
(*IS IMPLEADED AS ADDL.R6 AS PER JUDGMENT DATED
9.12.2022 )
BY ADVS.
R1 & R2 BY SRI.P.NANDAKUMAR
R3 BY SRI.BIJOY CHANDRAN, GP
R4 & R5 BY SRI. ANTONY MUKKATH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
09.12.2022, ALONG WITH WA.97/2022, 173/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
WA NO. 97 OF 2022
AGAINST THE ORDER IN WP(C) 30800/2021 OF HIGH COURT OF
KERALA
APPELLANT/RESPONDENT NO.5:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN-695004.
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/PETITIONER & RESPONDENT NOS.1 TO 4 & 6:
1 HARSH VISAKH V., AGED 22 YEARS
S/O. A.P.VASU, ARRICKAPPILLIL HOUSE,
PERINGAZHA, PERUMBALLOOR P.O.,
MUVATTUPUZHA-686673.
2 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
3 THE PRINCIPAL SECRETARY
SOCIAL JUSTICE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
4 THE DIRECTOR
SOCIAL JUSTICE DEPARTMENT,
DIRECTORATE OF SOCIAL JUSTICE,
5TH FLOOR, VIKAS BHAVAN,
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
4
PMG ROAD, PALAYAM,
THIRUVANANTHAPURAM, PIN-695033.
5 THE STATE COMMISSIOENR
STATE COMMISSIONERATE FOR PERSONS WITH
DISABILITIES, ANJANEYA,
T.C.9/1023(1), GROUND FLOOR,
SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN-695010.
6 KERALA STATE ELECTRICITY BOARD LIMITED- KSEB
REPRESENTED BY MANAGING DIRECTOR,
VYDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN-695004.
BY ADVS.
SRI.PAUL ABRAHAM VAKKANAL (B/O)
SRI.K.S.ANIL, SC, KSEB
VINEETHA SUSAN THOMAS
R6 BY SRI.ANTONY MUKKATH
SRI.BIJOY CHANDRAN, GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.12.2022,
ALONG WITH WA.30/2022 & WA 173/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
WA NO. 173 OF 2022
AGAINST THE ORDER IN WP(C) 60/2022 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT NO.1:
KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
BY ADV P.C.SASIDHARAN
RESPONDENTS/PETITIONER & RESPONDENT NO.2:
1 VAISHNAV .K.P
S/O.VIJAYAN.K.P, VISMAYA HOUSE,
KOLAYITHAZHAM,
PERUMANNA.P.O,
KOZHIKODE-673019.
2 THE KERALA STATE ELECTRICITY BOARD LTD
REPRESENTED BY MANAGING DIRECTOR,
VYDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM,
PIN - 695 004.
3 SECRETARY TO GOVERNMENT
SOCIAL JUSTICE DEPARTMENT,
VIKAS BHAVAN, PMG,
TRIVANDRUM,
KERALA -695033
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
6
(*IS IMPLEADED AS ADDL.R3 AS PER JUDGMENT DATED
9.12.2022 )
BY ADVS.
SRI.K.S.ANIL, SC, KSEB
R1BY SRI.P.NANDAKUMAR
R3 BY SRI.BIJOY CHANDRAN, GP
R2 BY SRI. ANTONY MUKKATH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.12.2022,
ALONG WITH WA.97/2022, 30/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
7
A.K. JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ
......................................................
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
.................................................................
Dated this the 9th day of December, 2022
JUDGMENT
Mohammed Nias.C.P.J
The above writ appeals are filed by the Kerala Public Service
Commission (PSC), aggrieved by the interim orders issued by the
learned single Judge provisionally permitting the writ petitioners to
apply to the post of Sub Engineer (Electrical) in the Kerala State
Electricity Board Ltd. (KSEB). A notification dated 30.11.20211 was
issued by the appellant inviting application for the post of Sub
Engineer (Electrical) in KSEB, inter alia, stipulating that the physically
challenged candidates are not eligible to apply for the post. It is also
stated by the appellant that the notification was issued in terms of the
stipulation of the Board Order dated 6.5.2021. It is their further
argument that the existing qualifications was amended by the KSEB in
tune with the Central Electricity Authority Regulations. The writ
petitioners challenged the notification to the extent it restricted the
differently abled candidates from applying to the post of Sub Engineer
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
(Electrical) through direct recruitment. Along with the writ petition an
interim relief was sought seeking a stay of all further proceedings
pursuant to the notification or in the alternative to direct the PSC to
provisionally permit the petitioners to apply for the post in question.
2. The appellant has filed IA No.1 of 2022 in the above writ
appeals praying for staying the impugned interim order pointing out
that a written test is proposed to be held on 12.01.2023 and that the
writ petitioners are likely to make claim for appearing for the
examination and for the technical difficulties faced by the PSC, the
Commission will not be in a position to send hall-tickets to the
petitioners.
3. IA No.2 of 2022 in WA Nos.30 of 2022 and 173 of 2022 is
filed for impleading the Social Justice Department as a necessary
party in these writ appeals, pursuant to the orders of this Court dated
02.02.2022 directing such impleadment. In view of the earlier order of
this Court, IA No.2 of 2022 in both these appeals is allowed.
4. The learned single Judge passed an interim order
permitting the petitioners to apply to the post provisionally and subject
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
to the outcome of the writ petition and without prejudice to the
contentions in the writ petitions as well.
5. The PSC challenges the interim orders passed as above
contending that the writ petitioners were ineligible to apply and
therefore a direction to receive the application from them is totally
illegal. It is also their argument that the applications are to be
received by the PSC online and the differently abled candidates are not
entitled to apply to the post and therefore the portal will not open for
such candidates, and the direction is one which is incapable of
compliance.
6. We notice that pursuant to the interim orders granted in
the above cases, all the petitioners have applied in the physical mode.
No interim order was granted in the above writ appeals.
7. We are not inclined to consider the contentions of the
appellant in these writ appeals as the interim order granted has
practically worked itself out as the petitioner had applied pursuant to
the interim orders by making applications in the physical mode. A
determination of the above dispute by us would render the writ
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
petitions infructuous. In such circumstances, we close the writ
appeals without prejudice to the contentions of the PSC as to the very
eligibility of the petitioners to apply for the post in question. We are
taking this view as the interim orders itself suggest that they are being
passed provisionally permitting the writ petitioners to apply but
subject to the outcome of the writ petition. It will be open to the
parties to urge their respective contentions available to them in the
writ petitions pending before the learned single Judge. Taking note of
the contentions on the part of the learned counsel for the appellant-
PSC that they will face technical difficulties, if the writ petitioners, are
permitted to participate in the further steps of selection, we request
the learned single Judge to expedite the final hearing of the writ
petitions.
The writ petitions are closed as above.
Sd/- A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P.
JUDGE
dlk/9.12.2022
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
APPENDIX OF WA NO.97 of 2022
RESPONDENTS EXHIBITS & ANNEXURES
EXHIBIT R6(a) TRUE COPY OF B.O.DT. 01.06.2010
EXHIBIT R6(b) TRUE COPY OF G.O.DT. 13.02.2019
EXHIBIT R6(c) TRUE COPY OF B.O.DT. 06.05.2021
ANNEXURE R1(a) TRUE COPY OF THE APPLICATION SUBMITTED
ON 30.12.2021 BEFORE THE HEAD OFFICE OF
THE APPELLANT
ANNEXURE R1(b) TRUE COPY OF THE GATE PASS ISSUED BY THE
HEAD OFFICE OF THE apPELLANT DATED
30.12.2021
ANNEXURE R1(c) TRUE COPY OF THE RELEVANT PAGES OF THE
TRAINING DOCUMENT PROVIDED TO TRAINEES
IN KESBL
ANNEXURE R1(d) TRUE COPY OF THE SCREENSHOT OF THE FINAL
SENIORITY LIST OF DIFFERENTLY ABLED
PERSONS WORKING IN THE CADRE OF SUB-
ENGINEER (ELECTRICAL), WHICH IS AN
ANNEXURE TO PROCEEDINGS DATED 4.11.2017
OF THE CHIEF ENGINEER (HRM)
ANNEXURE R1(e) TRUE COPY OF THE JUDGMENT IN
WP(C)NO.37335/2017 DATED 12.03.2018.
ANNEXURE R1(f) TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
NO.1335/2018 AND CONNECTED CASES DATED
6.2.2020
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
ANNEXURE R1(g) TRUE COPY OF THE PROCEEDINGS DATED
14.09.2020 OF THE CHIEF ENGINEER (HRM),
KSEBL.
ANNEXURE R1(h) TRUE COPY OF THE CONSOLIDATED STATEMENT
OF GRADES OF THE WRIT PETITIONER - HARSH
VISAKH .V ISSUED BY THE APJ ABDUL KALAM
TECHNOLOGICAL UNIVERSITY.
ANNEXURE R1(i) TRUE COPY OF THE HEARING AID EVALUATION
OF THE PETITIONER DONE BY THE NATIONAL
INSTITUTE OF SPEECH AND HEARING (FOR
SHORT NISH)DATED 15.2.2022
ANNEXURE R1(j) TRUE COPY OF THE DRIVER'S LICENSE ISSUED
TO R1 -HARSH VISAKH
ANNEXURE R1(k) TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION DATED 4.1.2021 NUMBER 38-
16/2020-DD-III
ANNEXURE R1(l) TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 26.12.2014
ANNEXURE R1(m) TRUE COPY OF THE RELEVANT PAGES OF THE
APPOINTMENT CHART PREPARED WITH DATE OF
ADVICE AS 29.7.2021, WHICH CLEARLY SHOW
THE VARIOUS CATEGORIES AND RANK NUMBERS
OF THOSE WHO ARE ADVISED FOR THE POST OF
METER READERS.
ANNEXURE R1(n) TRUE COPY OF THE APPOINTMENT CHART TO
CATEGORY 517/2013 IN RELATION TO THE
POST OF ASSISTANT ENGINEER (ELECTRICAL)
IN KSEBL WITH DATE OF ADVICE AS 9.4.2018
ANNEXURE R1(o) TRUE COPY OF THE NOTIFICATION ISSUED BY
KSEBL FOR ENGAGEMENT OF APPRENTICES
WA Nos. 30 of 2022, 97 of 2022 & 173 of 2022
UNDER APPRENTICESHIP (AMENDMENT) ACT,
1973.
ANNEXURE R1(p) TRUE COPY OF THE RELEASE ISSUED BY THE
STATE COMMISSIONERATE FOR PERSONS WITH
DISABILITIES DATED 26.2.2022
ANNEXURE R1(q) TRUE COPY OF THE RELEVANT PAGES OF THE
CEA (MEASURES RELATING TO SAFETY AND
ELECTRIC SUPPLY) REGULATIONS, 2010
ANNEXURE R1(r) TRUE COPY OF THE CERTIFICATE DATED
23.12.2021 ISSUED BY DR.MANOJ'S ENT
SUPER SPECIALITY INSTITUTE AND REASERCH
CENTRE.
