Pushparaj C.P vs Kerala Public Service Commission
2024 Latest Caselaw 18914 Ker

Kerala High Court

Pushparaj C.P vs Kerala Public Service Commission on 28 June, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

OP(KAT) NO. 199 OF 2020
                                     1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                   THE HONOURABLE MR. JUSTICE S.MANU
         FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                          OP(KAT) NO. 199 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 18.07.2019 IN OA (EKM) NO.3072 OF
2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:

           PUSHPARAJ C.P
           AGED 40 YEARS
           S/O PARAMU,CHAKKUNGAL,PARAMBIL.P.O,
           KOODALUR,PALAKKAD,KERALA-679554.

           BY ADVS.
           K.P.PRADEEP
           SMT.T.THASMI



RESPONDENT/S:

     1     KERALA PUBLIC SERVICE COMMISSION
           REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM-
           695004.

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

     3     THE DIRECTOR OF MEDICAL EDUCATION,
           MEDICAL COLLEGE-KUMARAPURAM ROAD, THIRUVANANTHAPURAM-
           695011.

     4     ANIL JOSEPH,
           JOSEPH NIVAS,140,NORTH MYLAKKAD, KANNANALLOR,KOLLAM-691576.

     5     BAIJU.P,
           KANIYANTE PARAMBIL HOUSE.P.O, VATTOLI,VIA VATAKARA-673510.

     6     PRASAD.V.S,
           SARASWATHY VILASOM,VILAVOORKONAM.P.O,
           KALLUVATHUKKAL(VIA),KOLLAM-691578.
 OP(KAT) NO. 199 OF 2020
                                         2

     7       BALAKSIRHNAN.M.P,
             MAZLATH PARAMBATH HOUSE,PAYAMBRA.P.O,
             KUNNAMANGALAM,CALICUT-673571.

     8       NARAYANAN.T.P,
             THENGAPARAMBIL VEEDU,AANAMARI, VAZHIKKADAVU.P.O,MALAPPURAM-
             679333.

     9       RAJESH.M.K,
             THAZHATH HOUSE,KARAD PARAMBA.P.O, FEROOK COLLEGE
             VIA,MALAPPURAM-673632.

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




     THIS    OP    KERALA   ADMINISTRATIVE     TRIBUNAL    HAVING     COME   UP   FOR
ADMISSION    ON   28.06.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(KAT) NO. 199 OF 2020
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                                  JUDGMENT

Dated this the 28th day of June 2024

A.Muhamed Mustaque, J.

The issue raised by the petitioner was awarding less

marks in the selection to the post Cobbler in Medical Education

Department. The challenge was turned down by the Tribunal.

On going through the matter, we do not find any reason

to interfere in this original petition. The original petition stands

dismissed.

SD/

A.MUHAMED MUSTAQUE JUDGE sd/

S.MANU JUDGE jm/ OP(KAT) NO. 199 OF 2020

APPENDIX OF OP(KAT) 199/2020

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE NOTIFICATION IN CATEGORY NO 225/2019 DATED 30.06.2009 ISSUED BY THE 1ST RESPONDENT TO THE POST OF COBBLER IN MEDICAL EDUCATION DEPARTMENT.

ANNEXURE A2 TRUE COPY OF THE LETTER NO.GRIA(3)5648/07/GW DATED 3-7-2017 ISSUED BY THE 1ST RESPONDENT

ANNEXURE A3 TRUE COPY OF THE ADMISSION TICKET NO.225/2008 DATED 3-8-2017 ISSUED BY THE 2ND RESPONDENT

ANNEXURE A4 TRUE COPY OF THE RANKED LIST 1046/2017/ER III IN CATEGORY NO.225/2009 DATED 30.07.2017 ISSUED BY THE 2ND RESPONDENT

ANNEXURE R7(A) TRUE COPY OF ADVICE MEMO NUMBERED RIE(2)26522/08/GW DATED 01-01-2018 ISSUED TO 7TH RESPONDENT BY 1ST RESPONDENT

ANNEXURE R7((B) TRUE COPY OF ADVICE MEMO NUMBERED RIE(2)26522/08/GW DATED 01.01.2018 ISSUED TO 8TH RESPONDENT BY 1ST RESPONDENT

ANNEXURE R7(C) TRUE COPY OF ADVICE MEMO NUMBERED RIE(2)26522/08/GW DATED 01.01.2018 ISSUED TO 9TH RESPONDENT BY 1ST RESPONDENT

ANNEXURE A7(D) TRUE COPY OF THE JOINING ORDER NO E3/15178/2008/DME DATED 16.02.2018 ISSUED TO 7TH RESPONDENT BY THE 3RD RESPONDENT.

ANNEXURE A7(E) TRUE COPY OF THE JOINING ORDER NO.E5/2676/2018/MCK DATED 24.02.2018 ISSUED TO 8TH RESPONDENT BY THE PRINCIPAL,GOVERNMENT MEDICAL COLLEGE, KOTTAYAM.

ANNEXURE A7(F) TRUE COPY OF THE JOINING ORDER NO.EN4/5136/2018/MCT DATED 23.02.2018 ISSUED TO 9TH RESPONDENT BY SENIOR ADMINISTRATIVE OFFICER,GOVERNMENT MEDICAL COLLEGE,KOTTAYAM.

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION IN OA (EKM)NO.3072 OF 2017 OIN THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM OP(KAT) NO. 199 OF 2020

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 18/07/2019 IN OA(EKM)NO 3072 OF 2017 OF THE LEARNED KERALA NO ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM

EXHIBIT P3 TRUE COPY OF THE MA (EKM)NO.2282 OF 2018IN OA(EKM)NO.3072 OF 2017 FILED BEFORE THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM

EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT OF RESPONDENTS NO.1 AND 2 IN OA (EKM)NO 3072 OF 2017 FILED BEFORE THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM

EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT OF RESPONDENTS NO1 AND 2 IN OA(EKM)NO.3072 OF 2017 FILED BEFORE THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM

EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT OF RESPONDENTS NO 7 TO 9 IN OA(EKM)NO.3072 OF 2017 FILED BEFORE THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANNATHAPURAM