The Kerala Public Service Commission vs Anoopa.P.S
2024 Latest Caselaw 18599 Ker

Kerala High Court

The Kerala Public Service Commission vs Anoopa.P.S on 27 June, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

OP(KAT) NO. 14 OF 2017
                                   1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
                   THE HONOURABLE MR. JUSTICE S.MANU
        THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                         OP(KAT) NO. 14 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 08.11.2016 IN OA NO.1037 OF 2012
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:

    1       THE KERALA PUBLIC SERVICE COMMISSION
            KPSC OFFICE, PATTOM PALACE, P.O.PATTOM,
            THIRUVANANTHAPURAM-695004, KERALA

    2       THE SECRETARY
            THE KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE,
            P.O.PATTOM, THIRUVANANTHAPURAM-695004, KERALA

            BY ADV SRI.P.C.SASIDHARAN, SC, KPSC



RESPONDENT/S:

    1       ANOOPA.P.S
            W/O.PRAVEEN K., ANNOPA SADANAM, VELLUR P.O., PAYYANNUR,
            KANNUR DISTRICT-670346, KERALA.

    2       CHITRA G.
            T.C.37/1374, KOTHALAM ROAD, FORT P.O.,
            THIRUVANANTHAPURAM-695001, KERALA

    3       DAYANA SCARIA
            W/O.TOM, MANKUZHIYIL HOUSE, MANIMALA P.O., KOTTAYAM-
            686543, KERALA

    4       PRJITHA M.
            W/O.GIRISH, MANAKKAL HOUSE, KADAMBODE P.O.,
            PANTHALLOOR, MALAPPURAM-676121, KERALA
 OP(KAT) NO. 14 OF 2017
                                  2

    5        SOUMYA MOHAN
             NEDUMTHEDATH HOUSE, NATTIKA, THRISSUR DISTRICT, PIN-
             680566, KERALA.

    6        SONIYA BABY
             KAKKANATTU HOUSE, MEKKALAM P.O., MUVATTUPUZHA,
             ERNAKULAM DISTRICT, PIN-686673, KERALA

    7        STATE OF KERALA
             REPRESENTED BY THE SECRETARY, DEPARTMENT OF
             AGRICULTURE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, KERALA, PIN-695001

    8        ADD. R8 MERIN ELZA GEORGE
             (SOUGHT TO BE IMPLEADED) AND ANOTHER.

    9        ADDL. 9 VISHNU.T.J
             AND 14 OTHERS (SOUGHT TO BE IMPLEADED)

    10       ADDL. SARATH CHANDRAN B.G.
             AND 7 OTHERS (SOUGHT TO BE IMPLEADED)

             BY ADVS.
             SRI.M.V.PAULOSE
             SRI.BRIJESH MOHAN
             K.B.GANGESH
             R.SUNIL KUMAR
             SMT.RESMI G. NAIR
             DR.ANIES GEORGE
             SMT.A.SALINI LAL




     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) NO. 14 OF 2017
                                     3


                               JUDGMENT

Dated this the 27th day of June 2024

A.Muhamed Mustaque, J.

This original petition was filed by the Public Service

Commission challenging an order of the Tribunal in

O.A.No.1037/2012. The Tribunal passed the following order

In view of the above, there will be a similar declaration in this original application also. It is held that the applicants are eligible and qualified to be included in Annexure A11 ranked list for appointment to the post of Agricultural Assistant Grade II. The Public Service Commission will consider whether the applicants can be included in the ranked list by giving their proper ranking in accordance with the the marks obtained by them. Orders will be issued by the PSC before the expiry of the ranked list.

2. It is to be noted that rank list has been expired

on 17.11.2016. Tribunal relied on the judgment of the

Tribunal in O.A.No.1781/2012. O.A.No.1781/2012 was

challenged before this Court in OP(KAT) No.162/2016,

wherein the applicants before the Tribunal had given up OP(KAT) NO. 14 OF 2017

relief. Accordingly, this Court set aside the impugned order.

3. Taking note of the above facts, we are of the

view that impugned order has to be set aside and no relief

can be granted to the petitioners. The question raised in

this original petition is left open.

The original petition is disposed of accordingly.

SD/

A.MUHAMED MUSTAQUE JUDGE

SD/ S.MANU JUDGE jm/ OP(KAT) NO. 14 OF 2017

APPENDIX OF OP(KAT) 14/2017

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE DEGREE CERTIFICATE OF 1ST PETITIONER

ANNEXURE 2 TRUE COPY OF THE DEGREE CERTIFICATE OF 2ND PETITIONER

ANNEXURE 3 TRUE COPY OF THE DEGREE CERTIFICATE OF 3RD PETITIONER

ANNEXURE 4 TRUE COPY OF THE DEGREE CERTIFICATE OF THE 4TH PETITIONER

ANNEXURE 5 TRUE COPY OF THE DEGREE CERTIFICATE OF THE 5TH PETITIONER

ANNEXURE 6 TRUE COPY OF THE DEGREE CERTIFICATE OF THE 6TH PETITIONER

ANNEXURE 7 TRUE COPY OF GAZETTE DATED 31.3.20009

ANNEXURE 8 TRUE COPY OF APPLICATION SUBMITTED BY THE 5TH PETITIONER DATED 31.3.2009

ANNEXURE 9 TRUE COPY OF THE HALL TICKET OF THE 1ST PETITIONER

ANNEXURE 10 TRUE COPY OF THE PROVISIONAL LIST PUBLISHED BY 2ND RESPONDENT

ANNEXURE 11 TRUE COPY OF THE RANK LIST OF CANDIDATES SELECTED FOR APPOINTMENT AS AGRICULTURAL ASSISTANT GRADE-11 PUBLISHED BY THE 2ND RESPONDENT

EXHIBIT P1 TRUE COPY OF THE O.A.1037/2012 ALONG WITH ANNEXURES

EXHIBIT P2 `TRUE COPY OF THE ORDER IN O.A.NO.1037/2012 DATED 8.11.2016 OP(KAT) NO. 14 OF 2017

EXHIBIT P3 TRUE COPY OF THE SEMESTER WISE DISTRIBUTION OF COURSE AND CREDITS

EXHIBIT P4 TRUE COPY OF THE METHOD OF COURSE CODING WITH THE DISTRIBUTION OF SUBJECTS IN EACH SEMESTERS.

RESPONDENT EXHIBITS

EXHIBIT (A) TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30.12.2016 IN CATEGORY NO 444/2016

EXHIBIT R8(B) TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31.3.2009 IN CATEGORY NO 57/2009