Kerala High Court
Dr. Vitni Fernz,D/O. Sam Varghese vs Public Service Commission on 12 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) No.200 of 2024 1 2024:KER:84300
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
OP(KAT) NO. 200 OF 2024
AGAINST THE ORDER IN O.A.NO.2158 OF 2023 DATED 04.12.2023
PETITIONER/APPLICANT :
DR. VITNI FERNZ,
D/O. SAM VARGHESE,
AGED 33 YEARS
MRRA A15, KRISHNASREE, THOPPIL LANE,
VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
ATHUL M.V.
RESPONDENT/RESPONDENT:
1 PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM.
REPRESENTED BY SECRETARY, PIN - 695004
2 GINTO ANTONY GILBERT
MALIKAYIL GISA BHAVAN, AIMS PONEKKARA P.O, EDAPPALLY,
KOCHI, ERNAKULAM ( SOUGHT TO BE IMPLEADED )
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) No.200 of 2024 2 2024:KER:84300
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
--------------------------------------------------------------
OP(KAT) No.200 of 2024
----------------------------
Dated this the 12th day of November, 2024
JUDGMENT
A.Muhamed Mustaque.J
The petitioner was the applicant before the Tribunal. She
applied for the post of Assistant Professor in Forensic Medicine. In the
application she claimed reservation in the category of Latin
community. She also produced Non-Creamy Layer Certificate dated
13.01.2022 as Annexure A6. The interview for the above post was in
May, 2023. However, at the time of interview, the petitioner did not
produce the Non-Creamy Layer Certificate. She relied on Annexure A6,
Non-Creamy Layer Certificate. It is to be noted that Annexure A6 is of
the year 2022. The ranked list came into force on 11.10.2023. Since
the petitioner did not produce the updated Non-Creamy Layer
Certificate, the Kerala Public Service Commission (PSC) did not include
her in the reservation category of Latin community. The petitioner
thereafter obtained Non- Creamy Layer Certificate of the year 2023 on
31.10.2023. This was not accepted by the PSC. She approached the
OP(KAT) No.200 of 2024 3 2024:KER:84300
Tribunal. The Tribunal also declined to interfere in the matter noting
Rule 17C of the Part II of Kerala State and Subordinate Service Rules,
1958 (KS&SSR). Accordingly, the petitioner approached this Court.
2. The learned counsel for the petitioner submits that
the eligibility of the candidate will have to be reckoned with the last
date of application and not with any other factor. Since the petitioner
was qualified to claim reservation at the time of application she
continued to be eligible for the benefit until the ranked list was
published.
3. There are two issues in this matter. Firstly, the
petitioner has not produced the Non-Creamy Layer Certificate at the
time of interview. As per the general conditions of the PSC, the
petitioner is bound to produce updated Non-Creamy Layer Certificate
at the time of interview. Therefore, the petitioner cannot be excused
from not producing the Non-Creamy Layer Certificate at the time of
interview, as directed by the PSC. Secondly, the petitioner has no case
that the PSC did not direct her to produce Non-Creamy Layer
Certificate at the time of interview.
4. It is appropriate to note the mandate of Rule 17C of
the KS&SSR, which reads thus:
"17C. The candidate claiming the benefit of age
OP(KAT) No.200 of 2024 4 2024:KER:84300
relaxation/reservation in appointments/special recruitments
by virtue of being a member of the Backward
Classes/Scheduled Castes/Scheduled Tribes as provided for
in sub-rules (c), (d) and (dd) of rule 10, rule 14, rule 17A
and rule 17B ibid shall produce to the satisfaction of the
Kerala Public Service Commission, certificates/ relevant
documents as required by them, to prove the claim in the
application and in any case, before the finalization of the
ranked list for the post concerned. "
This Court have consistently held in similar matters that the
mandate of Rule 17C has to be followed. If a candidate fails to produce
the proof of his reservation claimed at the time of finalising the ranked
list, he cannot be allowed to produce it at a later stage. (See the
judgments in WA No.1552 of 2015 dated 23.1.2013 and OP(KAT)No.94
of 2017 dated 30.06.2017). In the light of the binding judgments of
the Divisions Bench as above, the issue is concluded against the
petitioner.
5. The learned counsel for the petitioner placed reliance
on the judgment of this Court in Union of India and others v.Abdul
Rasheed [2016 (5) KHC 129] to argue that it is not mandatory that
the certificate should be produced at the time of interview. First of all,
the above case has no application in this case. In this case, Rule 17C
of KS & SSR would apply. The decision relied on by the petitioner is a
OP(KAT) No.200 of 2024 5 2024:KER:84300
selection to the service in the Union Government. It is governed by
different set of Rules. Even going by the abovesaid decision, wherein
this Court had held that the certificate produced by the incumbent at
the time of interview has to be accepted and acted upon. Therefore,
the above judgment has no application in this matter. Again the
learned counsel for the petitioner relied on the judgment of the learned
single judge of this Court in WP(C)No.26224 of 2018, where this Court
directed to accept the Non-Creamy Layer Certificate after the
publication of the ranked list. We also note the above case is related to
a selection to the post of Research Associate in CSIR, a Central
Government undertaking and in that case, the rigour of Rule 17C
would not apply. Therefore, we also find that the above judgment has
no application in this matter.
The Original Petition fails and is, accordingly, dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk 12.11.2024
OP(KAT) No.200 of 2024 6 2024:KER:84300
APPENDIX OF OP(KAT) 200/2024
PETITIONER'S ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE DEGREE CERTIFICATE OF DOCTOR
OF MEDICINE IN FORENSIC MEDICINE ISSUED BY
KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR, KERALA REG. NO.18222003 DATED
05.10.2021.
ANNEXURE A2 TRUE COPY OF THE ADVICE FOR APPOINTMENT
LETTER NO. RIE (3) 9102/17/GW DATED
23.02.2021 AS ASSISTANT SURGEON/CASUALTY
MEDICAL OFFICER OF KERALA PUBLIC SERVICE
COMMISSION.
ANNEXURE A3 TRUE COPY OF THE APPLICATION INVITING TO THE
POST OF ASSISTANT PROFESSOR IN FORENSIC
MEDICINE CATEGORY NO. 719/2021 GAZETTE DATE
31.12.2021.
ANNEXURE A4 TRUE COPY OF THE SERVICE AND PAYROLL
ADMINISTRATIVE REPOSITORY FOR KERALA EMPLOYEE
DATA SHEET OF THE APPLICANT PEN:919006.
ANNEXURE A5 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE
NO.50667845 DATED 01.10.2020 ISSUED BY
ATTIPRA VILLAGE OFFICE IN THE NAME OF THE
APPLICANT.
ANNEXURE A6 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE
NO.62761975 DATED 13.01.2022 ISSUED BY
ATTIPRA VILLAGE OFFICE IN THE NAME OF THE
APPLICANT.
ANNEXURE A7 TRUE COPY OF THE LETTER SUBMITTED BY THE
APPLICANT TO THE RESPONDENT DATED 24.05.2023.
ANNEXURE A8 TRUE COPY OF THE RANKED LIST FOR THE POST OF
ASSISTANT PROFESSOR IN FORENSIC MEDICINE NO.
872/2023/SS IV IN CATEGORY 719/2021.
ANNEXURE A9 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE
NO.81411125 DATED 31.10.2023 ISSUED BY
ATTIPRA VILLAGE OFFICE IN THE NAME OF THE
APPLICANT.
OP(KAT) No.200 of 2024 7 2024:KER:84300
ANNEXURE A10 TRUE COPY OF THE LETTER SUBMITTED BY DR.
TRESA RADHAKRISHNAN TO CHAIRMAN KERALA PUBLIC
SERVICE COMMISSION DATED 01.11.2023.
ANNEXURE A10 (A) TRUE COPY OF THE LETTER SUBMITTED BY DR.
TRESA RADHAKRISHNAN TO CHAIRMAN KERALA PUBLIC
SERVICE COMMISSION DATED 04.11.2023.
ANNEXURE A11 TRUE COPY OF THE GOVERNMENT ORDER GO (P) NO.
81/09/SCSTDD DATED 26.09.2009 OF THE SC/ST
DEVELOPMENT (F) DEPARTMENT.
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION IN O.
A. NO. 2158/2023 FILED BY THE PETITIONER
BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04.12.2023 IN O.
A. NO. 2158/2023 FILED BY THE PETITIONER
BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED
08.12.2023 IN O. P. (KAT) NO. 547/2023 PASSED
BY THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE SHORT LIST DATED 27.03.2023
PUBLISHED BY THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE PRINT OUT OF THE RELEVANT
WEB PAGE OF THE OFFICIAL WEBSITE
WWW.KERALAPSC.GOV.IN OF THE RESPONDENT.
