Kerala Public Service Commission vs Jentle.T.Varghese
2024 Latest Caselaw 19042 Ker

Kerala High Court

Kerala Public Service Commission vs Jentle.T.Varghese on 28 June, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

OP(KAT) NO. 236 OF 2017
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                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. 236 OF 2017
AGAINST THE ORDER/JUDGMENT DATED IN OTHERS NO.1814 OF 2014 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:

           KERALA PUBLIC SERVICE COMMISSION
           REPRESENTED BY ITS SECRETARY,KERALA PUBLIC SERVICE
           COMMISSION,PATTOM, THIRUVANANTHAPURAM,KERALA - 695 004.

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


RESPONDENT/S:

    1      JENTLE.T.VARGHESE
           AGED 30 YEARS, S/O.T.C.VARGHESE,THOTTATHARAYIL,
           VADAKARA P.O.,KOTTAYAM, KERALA - 686
           605,MOB:9447672618.

    2      THE STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF
           HIGHER EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM,KERALA
           - 695 001.

    3      THE DIRECTOR OF COLLEGIATE EDUCATION,
           VIKAS BHAVAN, PUBLIC OFFICE
           BUILDING,THIRUVANANTHAPURAM, KERALA - 695 001.

           BY ADVS.
           KUM.A.ARUNA
           SRI.KALEESWARAM RAJ
           SMT.RIYA RAYMOL IYPE
           KUM.THULASI K. RAJ
           SRI.VARUN C.VIJAY


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
 OP(KAT) NO. 236 OF 2017
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ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) NO. 236 OF 2017
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                                   JUDGMENT

Dated this the 28th day of June 2024

A.Muhamed Mustaque, J.

This original petition was filed by the Public Service

Commission (PSC). In an application filed by the 1 st respondent

herein cost of Rs.10,000/- was imposed by the Tribunal on the

petitioner, after dismissing the original application. The

contentions have also been left open. We are at dismay why

such cost has been imposed on the petitioner, especially when

application itself was dismissed. Accordingly, we set aside the

impugned order imposing costs and also to the extent of

condemning the petitioner.

Sd/

A.MUHAMED MUSTAQUE JUDGE

sd/ S.MANU JUDGE jm/ OP(KAT) NO. 236 OF 2017

APPENDIX OF OP(KAT) 236/2017

PETITIONER ANNEXURES

ANNEXURE A1 A COPY OF THE COMPOSITE NOTIFICATION WHICH WAS PUBLISHED IN GAZETTE DATED 15/6/2012.

ANNEXURE A2 A COPY OF THE CERTIFICATE OF THE APPLICANT.

ANNEXURE A3 A COPY OF THE OFFICIAL WEBSITE OF PSC.

ANNEXURE A4 A COPY OF THE HOMEPAGE OF ENGLISH AND FOREIGN LANGUAGE UNIVERSITY.

ANNEXURE A5 A TRUE COPY OF THE LIST OF CENTRAL UNIVERSITIES RECOGNIZED BY THE UGC.

ANNEXURE A6 A COPY OF THE EQUIVALENCY CERTIFICATE DATED 26/4/2013.

ANNEXURE A7 TRUE COPY OF THE CERTIFICATE DATED 16/12/2011.

ANNEXURE A8 TRUE COPY OF THE LETTER DATED 18/5/2013 ISSUED BY THE PSC.

ANNEXURE A8(A) TRUE ENGLISH TRANSLATION OF ANNEXURE A8.

ANNEXURE A9 TRUE COPY OF THE LETTER DATED 19/11/2013.

ANNEXURE A11 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF 3RD RESPONDENT IN O.A.162/13.

ANNEXURE A10 TRUE COPY OF THE ORDER DATED 2/6/2014.

ANNEXURE A12 TRUE COPY OF THE LETTER DATED 5/9/2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO.1814 OF 2014 WITH ANNEXURES.

EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY THE COMMISSION.

EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.(EKM)NO.1814/2014 DATED 12.01.2017.