Kerala Public Service Commission vs Shruthy Bhaskar
2023 Latest Caselaw 9752 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023/22ND BHADRA, 1945
                    OP(KAT) NO. 289 OF 2023

      AGAINST THE INTERIM ORDER OF THE HON'BLE KERALA
  ADMINISTRATIVE TRIBUNAL IN O.A.(EKM) NO. 98/2023 DATED
                         03.04.2023
PETITIONER/RESPONDENT NO. 2:


           KERALA PUBLIC SERVICE COMMISSION,
           REPRESENTED BY THE SECRETARY,
           PATTOM,
           THIRUVANANTHAPURAM,
           KERALA,
           PIN - 695004

           BY ADV P.C.SASIDHARAN


RESPONDENTS/APPLICANT & RESPONDENTS Nos.1 & 3:


    1      SHRUTHY BHASKAR,
           AGED 31 YEARS,
           D/O V.V.BHASKARAN,
           THARAVATTATH HOUSE,
           KALLODE, PERAMBRA P.O,
           KOZHIKODE DISTRICT,
           KERALA, PIN - 673525

    2      STATE OF KERALA,
           REPRESENTED BY PRINCIPAL SECRETARY,
           GENERAL EDUCATION DEPARTMENT,
           GOVT. SECRETARIAT,
           THIRUVANANTHAPURAM,
           KERALA,
           PIN - 695001
 O.P.(KAT.) NO. 289 OF 2023        2


      3      SITARA J.R.,
             W/O. HARIKRISHNAN N.,
             HARSHAARUSHAM,
             MANNAMOOLA,
             PEROORKADA,
             THIRUVANANTHAPURAM,
             KERALA, PIN - 695005

             R1 BY ADV. SRI.VINCENT RAPHAEL V.

             R2 BY SMT. MARY BEENA JOSEPH, GOVERNMENT PLEADER


      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR   ADMISSION     ON   13.09.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 O.P.(KAT.) NO. 289 OF 2023                3




                                  JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed by the Kerala Public

Service Commission aggrieved by the interim order dated

03.04.2023 of the Kerala Administrative Tribunal

in O.A.(EKM)No.98/2023. There are two parts in the interim

order. First part is in regard to consideration of

representation. The second part is in regard to permitting

the applicant before the Tribunal to appear for OMR test,

subject to further orders.

2. It is to be noted that the representation has been

considered and the Kerala Public Service Commission has

rejected the representation and already communicated to the

applicant. In that case, the applicant is free to raise

challenge against the rejection in appropriate manner before

the Tribunal.

3. In the light of the subsequent events, the second

part of the interim order has to be interfered with.

Accordingly, second part of the interim order permitting the

applicant to appear for the OMR test is set aside.

The original petition is disposed of.

SD/-

A.MUHAMED MUSTAQUE, JUDGE

SD/-

SHOBA ANNAMMA EAPEN,JUDGE

DCS

APPENDIX

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 15.09.2022 IN CATEGORY NO.372 OF 2022 IN KERALA GENERAL EDUCATION DEPARTMENT (DIET) FOR THE POST OF LECTURER IN DISTRICT RESOURCES CENTRE

ANNEXURE A2 TRUE COPY OF THE GOVERNMENT OF KERALA GENERAL EDUCATION (D) DEPARTMENT, NOTIFICATION, GO(P) NO.9/2021/G.EDN DATED THIRUVANANTHAPURAM 19TH FEBRUARY 2021 SRO NO.254/2021 (RELEVANT PAGES)

ANNEXURE A3 TRUE COPY OF THE BACHELOR OF EDUCATION (HEARING IMPAIRED) CERTIFICATE NO.0491919 DATED 31.10.2014 ALONG WITH STATEMENT OF MARKS ISSUED TO THE APPLICANT BY CALICUT UNIVERESITY

ANNEXURE A4 TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT IN MASTER OF EDUCATION (HEARING IMPAIRED) M.ED (H.I.) HAVING REG NO. H14 MED H003 BY RAMAKRISHNA MISSION VIVEKANANDA UNIVERSITY COIMBATORE DATED 08.08.2015 ALONG WITH STATEMENT OF MARKS

ANNEXURE A5 TRUE COPY OF THE PROVISIONAL CERTIFICATE IN DEGREE OF MASTER OF ARTS IN ENGLISH LITERATURE ISSUED TO THE APPLICANT BY BHARATHIYAR UNIVERSITY COIMBATORE HAVING REGISTRATION NO.16 MEN0005 FOLIO NO.91426 DATED 23.05.2022 ALONG WITH STATEMENT OF MARKS

ANNEXURE A6 TRUE COPY OF CERTIFICATE NO. KTET 100283 DATED 20.03.2019 ISSUED TO THE APPLICANT BY SECRETARY BOARD OF EXAMINATIONS (K- TET)

ANNEXURE A7 TRUE COPY OF THE CERTIFICATE NO. KTET 91729 DATED 21.03.2019 ISSUED TO THE APPLICANT BY SECRETARY BOARD OF EXAMINATIONS (K-TET) KERALA

ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED 31.12.2022 SUBMITTED BY THE APPLICANT BEFORE THE CHAIRMAN KPSC REQUESTING TO INCLUDE HER NAME IN THE LIST OF CANDIDATES APPEARING FOR THE POST OF LECTURER IN DISTRICT RESOURCE CENTRE

ANNEXURE A9 TRUE COPY OF THE BIO DATA OF THE APPLICANT FURNISHED ALONG WITH ANNEXURE A7 TO PROVE HER QUALIFICATION

ANNEXURE A10 TRUE COPY OF THE REGISTERED RECEIPT WITH TRACK RECORD OF INDIA POST FOR THE DISPATCH OF ANNEXURE A7 REPRESENTATION BEFORE THE CHAIRMAN KPSC

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION IN O.A.

(EKM) NO.98/2023

EXHIBIT P2 THE TRUE COPY OF THE INTERIM ORDER DATED 3/04/2023 IN O.A(EKM) NO. 98/2023 OF THE TRIBUNAL