Kerala High Court
Sabeetha K vs State Of Kerala on 7 July, 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.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP(KAT) NO. 119 OF 2022
AGAINST THE ORDER DATED 20.04.2022 IN OA 668/2022 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
SABEETHA K., AGED 37 YEARS
NILA MANZIL, CHULIYARDAM, MUTHALAMDA P.O., PALAKKAD
DISTRICT, PIN - 678507
BY ADVS.
SRI.V.N.SANKARJEE
SRI.V.N.MADHUSUDANAN
SRI.R.UDAYA JYOTHI
SRI.M.M.VINOD
SRI.M.SUSEELA
SRI.KEERTHI B. CHANDRAN
SRI.VIJAYAN PILLAI P.K.
SRI.C.PURUSHOTHAMAN NAIR
SRI.NITHEESH.M
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM DISTRICT -695001
2 THE KERALA PUBLIC SERVICE COMMISSION
THULSI HILLS, PATTOM PALACE P.O., THIRUVANANATHAPURAM
DISTRICT-695004, REPRESENTED BY ITS SECRETARY,
3 THE DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
COLLECTORATE P.O., PALAKKAD DISTRICT, PIN - 678001
BY GOVERNMENT PLEADER SRI BIJOY CHANDRAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
:2:
OP(KAT) No.119 of 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This OP(KAT) has been preferred by the applicant in O.A
No.668 of 2022 pending before the Kerala Administrative Tribunal,
aggrieved by an interim order dated 20.04.2022 of the said Tribunal
that refused an interim prayer of the petitioner herein for provisionally
appearing at an interview to be held in connection with the selection of
candidates for the post of Lower Primary School Teacher (Malayalam
Medium) in Palakkad District.
2. The brief facts necessary for the disposal of the OP(KAT) are as
follows:
The petitioner had responded to a notification dated 31.12.2019
calling for applications from qualified candidates for selection to the
post of Lower Primary School Teacher (Malayalam Medium) in Palakkad
District. It is the case of the petitioner that she was duly qualified for
the post and that she had produced all the necessary certificates for
consideration by the Kerala Public Service Commission (hereinafter
referred to as 'the PSC' for short) in connection with the selection
process. Thereafter, it appears that an interview was scheduled on
06.01.2022, which the petitioner did not attend. According to the
petitioner, there was no communication received by her with regard to
OP(KAT) No.119 of 2022
the scheduling of the interview, and it was her case in the O.A that it
was only on 18.01.2022 when she visited the site of the PSC that she
came to know that an interview had been scheduled on 06.01.2022.
Immediately thereafter, she preferred a representation dated
19.01.2022 to the PSC pointing out the said facts and requesting for
another date for interview. When the said request was denied, the
petitioner approached the Tribunal with the O.A aforementioned.
Before the Tribunal, the petitioner had sought an interim relief to
provisionally permit her to attend the interview to be held on or before
29.04.2022, which we are given to understand is the date on which
interviews were scheduled in connection with selection of candidates in
another District. When the Tribunal refused the said interim relief the
petitioner preferred this OP(KAT) before this Court.
3. When the matter was taken up by this Court on 26.04.2022, a
Division Bench of this Court permitted the petitioner to participate in
the interview on 29.04.2022 or any other convenient date which the
PSC was directed to inform the petitioner in writing on 29.04.2022. It
was made clear in the said interim order that merely because the
petitioner was permitted to participate in the interview provisionally, no
rights would enure to the petitioner, and the said arrangement would be
subject to the outcome of the OP(KAT).
On a consideration of the developments in this OP(KAT), we find
OP(KAT) No.119 of 2022
that nothing further survives to be adjudicated in this OP(KAT) since the
petitioner had approached this Court aggrieved by the refusal of an
interim relief by the Tribunal and the said relief was granted by this
Court at the interim stage of this OP(KAT). It is not in dispute that the
directions of this Court have since been complied and the petitioner has
been interviewed in connection with the selection process, although the
results of the interview have been withheld. Under the aforesaid
circumstances, we are of the view that it would suffice if we close this
OP(KAT) by making the interim order dated 26.04.2022 absolute and
relegate the petitioner to the Tribunal for a decision in the O.A.
Accordingly, this OP(KAT is disposed by making the interim order dated
26.04.2022 absolute and the petitioner is relegated to pursue her
original application before the Tribunal. We make it clear that all
contentions of either party on the merits of the case are left open to be
agitated before the Tribunal.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
OP(KAT) No.119 of 2022
APPENDIX OF OP(KAT) 119/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION DATED
12.4.2022 WITH ANNEXURES IN O.A. NO.
668/2022 ON THE FILE OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE ORDER DATED 20.4.2022 IN
O.A. NO. 668/2022 ON THE FILE OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE ORDER DATED 2.3.2022
ISSUED BY THE 2ND RESPONDENT TO THE 1ST
APPLICANT IN O.A. (EKM) NO. 476/2022
(ANNEXURE- A15}
Exhibit P4 TRUE COPY OF THE ORDER DATED 2.3.2022
ISSUED BY THE 2ND RESPONDENT TO THE 2ND
APPLICANT IN O.A. (EKM) NO. 476/2022
(ANNEXURE-A16)
Exhibit P5 TRUE COPY OF THE RANKED LIST
NO.258/2022/SSV PUBLISHED BY THE PUBLIC
SERVICE COMMISSION.
RESPONDENT EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
