Kerala High Court
The Public Service Commission, Rep By vs Pradeep Prabakaran on 11 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2024:KER:83931
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
OP(KAT) NO. 457 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 04.10.2024 IN OA (EKM)
NO.1027 OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/S:
1 THE PUBLIC SERVICE COMMISSION, REP BY
ITS SECRETARY, PATTOM P.O., TRIVANDRUM, KERALA, PIN -
695004
2 THE DISTRICT OFFICER,
KPSC DISTRICT OFFICE, CHARUVIL BUILDINGS, NEAR S.P.
OFFICE, RING ROAD, VETTIPURAM EAST, PATTANAMTHITTA ,
KERALA, PIN - 689645
3 THE DISTRICT OFFICER,
K.P.S.C, DISTRICT OFFICE, CIVIL STATION, KOZHIKODE ,
KERALA, PIN - 673020
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 PRADEEP PRABAKARAN,
S/O PRABAKARAN, RESIDING AT BHARANITHODI HOUSE,
PANNIYANKARA P.O., PALAKKAD , KERALA,PERMANENT ADDRESS-
BHARANITHODI HOUSE, PANNIYANKARA, PALAKKAD, KERALA, PIN
- 678683
OP(KAT)No.457 of 2024 2024:KER:83931
2
2 STATE OF KERALA ,
REPRESENTED BY SECRETARY, AGRICULTURE DEVELOPMENT AND
FARMERS WELFARE, DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM , KERALA, PIN - 695033
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD
ON 11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT)No.457 of 2024 2024:KER:83931
3
JUDGMENT
Dated this the 11th day of November, 2024
A.Muhamed Mustaque,J.
1. The Kerala Public Service Commission (PSC) issued
a notification on 15.11.2022 for the post of Mechanic in
Agricultural Development and Farmers Welfare Department.
The qualification prescribed is National Trade Certificate in
any one of the following Trades from an ITI.
a) Mechanic (Tractor)
b) Mechanic (Motor Vehicle)
c) Mechanic (Diesel)
d) Fitter
In addition to above educational qualification, it is insisted
that the incumbent must have a practical experience of not
less than one year in the trade. The first respondent herein,
the applicant before the Tribunal, produced an experience
certificate, certified by the Assistant Labour Officer, Thrissur.
OP(KAT)No.457 of 2024 2024:KER:83931
It is certified therein that he has an experience as the "Chief
General Technician - Service" for a period of 7 years and 3
months in Nippon Motor Corporation Pvt.Ltd. PSC noting that
he has no experience certificate in the relevant trade,
rejected his application. This was challenged before the
Tribunal. The Tribunal noting Annexure A8, found that the
first respondent had performed work of Repair and
Maintenance of Motor Vehicles, assumed that he was a
mechanic in Motor Vehicle. Annexure A8 admittedly was not
in the prescribed format and was also not uploaded. It is to
be noted that the certificate originally produced before the
PSC does not disclose that he had the experience as a
mechanic in Repairing and Maintenance of Motor Vehicles.
The Tribunal, placing much reliance on Annexure A8, came to
the conclusion that the rejection was unsustainable.
2. It is to be noted that Annexure A8 is not forming
part of the application made by the first respondent and it
was not uploaded. The format of the application submitted
OP(KAT)No.457 of 2024 2024:KER:83931
before the PSC on the last date of the receipt of the
application clearly indicates that the first respondent's
experience was as a Chief General Technician-Service. Thus,
it was an application which did not indicate requisite
experience as per the notification. PSC had no option, but to
reject the same. Any attempt to clarify the experience after
the deadline of receipt of applications cannot be resorted to,
so as to unsettle the selection process. It is exactly what has
been done by the Tribunal. Tribunal went on relying on
Annexure A8 which does not form part of the application to
decide the question whether he is a mechanic having
experience, without the same being forming part of the
original application.
3. We are of the view that the Tribunal failed in
exercising its jurisdiction, and the order is legally
unsustainable and the impugned order is liable to be set
aside.
OP(KAT)No.457 of 2024 2024:KER:83931
4. However, the Learned Counsel for the respondent
submit that the Assistant Labour Officer may be directed to
issue a Proper Certificate after adverting to the past
experience of such candidate. It is for the first respondent to
appraise the Assistant Labour Officer while issuing certificate
as to the nature of work undertaken by him in the past. It is
for the Assistant Labour Officer to consider whether such
experience certificate can be issued.
5. Any way, in this matter we cannot hold that the
decision of PSC is legally unsustainable. Therefore, the
impugned order is set aside.
The original petition is disposed of, as above
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNAKUMAR
BG JUDGE
OP(KAT)No.457 of 2024 2024:KER:83931
APPENDIX OF OP(KAT) 457/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE NOTIFICATION AGAINST
CATEGORY NO. 449/2022 ISSUED BY THE 1ST
RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE APPLICATION UPLOADED BY
THE APPLICANT IN THE PORTAL OF THE 1ST
RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE
ISSUED BY THE NATIONAL COUNCIL FOR
VOCATIONAL TRAINING NO. 0054566 DATED
10.7.2015
ANNEXURE A4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
NIPPON MOTOR CORPORATION PVT LTD DULY
CERTIFIED BY THE ASSISTANT LABOUR OFFICER
DATED 15.12.2021
ANNEXURE A5 TRUE COPY OF THE SCREEN SHOT OF THE SAID
INFORMATION PUBLISHED IN THE PORTAL OF THE
2ND RESPONDENT.
ANNEXURE A6 TRUE COPY OF THE SCREEN SHOT OF THE MESSAGE
DATED 16/3/2024 FROM THE PORTAL OF THE 2ND
RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE RELEVANT PORTION OF THE
NOTIFICATION AGAINST CATEGORY NO.224/2021
ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A8 TRUE COPY OF THE CERTIFICATE DATED
22.3.2024 DULY COUNTER SIGNED BY THE
ASSISTANT LABOUR OFFICER.
ANNEXURE A9 TRUE COPY OF THE SHORTLIST DATED 22.7.2024
PUBLISHED BY THE 3RD RESPONDENT.
OP(KAT)No.457 of 2024 2024:KER:83931
EXHIBIT P1 THE TRUE COPY OF THE APPLICATION IN
EXHIBIT P2 THE TRUE COPY OF THE REPLY STATEMENT DATED
24/09/2024 FILED BY THE COMMISSION
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 04/10/2024
TRUE COPY
P.A. TO JUDGE
