Kerala High Court
Kerala Public Service Commission vs Nikhil S.P on 3 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Murali Purushothaman
2024:KER:73221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(KAT) NO. 128 OF 2020
AGAINST THE ORDER DATED 18.01.2019 IN OA NO.2351 OF
2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS NO.1 & 2:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM, PALACE P.O.,
THIRUVANANTHAPURAM,
KERALA - 695 004.
2 REGIONAL OFFICER,
KERALA PUBLIC SERVICE COMMISSION,
REGIONAL OFFICE,
KOLLAM, KERALA - 691 001.
BY ADV SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANTS & RESPONDENT NOS. 3 & 4:
1 NIKHIL S.P.,
AGED 30 YEARS, S/O.SNEHA CHANDRAN,
RESIDING AT CHARUVILA PUTHEN VEEDU,
KOONAYIL, PARAVUR P.O.,
KOLLAM, KERALA - 691 301
MOBILE-9995365477.
2 PRADEEP S.,
AGED 30 YEARS,
S/O. SASIDHARAN NAIR,
RESIDING AT PRAMOD VILASAM,
ANAKUNNAM, PALLICKAL P.O.,
THIRUVANANTHAPURAM, KERALA - 695 604.
2024:KER:73221
OP(KAT) NO.128 OF 2020
2
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 DIRECTOR OF TECHNICAL EDUCATION,
OFFICE OF THE DIRECTORATE OF TECHNICAL
EDUCATION, PADMAVILASOM STREET,
FORT P.O., THIRUVANANTHAPURAM - 695 023.
BY ADVS.
SRI. V.T.RAGHUNATH
SRI. P.MOHAMED SABAH
SMT. NISHA BOSE - SR. GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:73221
OP(KAT) NO.128 OF 2020
3
JUDGMENT
A.Muhamed Mustaque, J.
This is the case where the Tribunal found that the party
respondents are entitled to be included in the rank list. By
the passage of time, the rank list in this case expired on
01.05.2021. The question is whether the party respondents
qualification is equivalent to the qualification prescribed in the
notification issued by the Public Service Commission. In this
case, the rank list was published on 02.05.2018. After the
publication of the rank list, the Government considered the
qualification possessed by the applicants/party respondents
on 02.08.2019. The Tribunal considered the matter and
directed the Public Service Commission for inclusion in the
rank list without adversely affecting those who were already
in the rank list. This was questioned by the Public Service
Commission.
2. As we note, by passage of time, the rank list
expired. The Public Service Commission obtained a stay of
2024:KER:73221
OP(KAT) NO.128 OF 2020
operation of this order as early as on 18.03.2020. No right of
the party respondents have been protected.
In the light of the above, we are of the view that the
issue canvassed in this matter can be left open for future
decision. Since no relief can be granted to the party
respondents, we are of the view that the Original Petition filed
by the Public Service Commission has to be allowed holding
that the party respondents cannot be granted a relief in this
matter. All the questions urged in the matter are left open.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
2024:KER:73221
OP(KAT) NO.128 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE O.A NO.2351/2017
WITH ITS ANNEXURES.
EXHIBIT P1(A1) TRUE COPY OF THE NOTIFICATION DATED
26.11.2015 FOR CATEGORY NO.415/2015.
EXHIBIT P1(A2) TRUE COPY OF THE SECONDARY SCHOOL
LEAVING CERTIFICATE ISSUED TO THE 1ST
APPLICANT.
EXHIBIT P1(A3) TRUE COPY OF THE CERTIFICATE IN
KERALA GOVERNMENT CERTIFICATE
EXAMINATION IN CIVIL ENGINEERING
ISSUED TO THE 1ST APPLICANT.
EXHIBIT P1(A4) TRUE COPY OF THE CERTIFICATE IN
SURVEY TEST LOWER ISSUED TO THE 1ST
APPLICANT.
EXHIBIT P1(A5) TRUE COPY OF THE SECONDARY SCHOOL
LEAVING CERTIFICATE ISSUED TO THE 2ND
APPLICANT.
EXHIBIT P1(A6) TRUE COPY OF THE CERTIFICATE IN
KERALA GOVERNMENT CERTIFICATE
EXAMINATION IN CIVIL ENGINEERING
ISSUED TO THE 2ND APPLICANT.
EXHIBIT P1(A7) TRUE COPY OF THE CERTIFICATE IN
SURVEY TEST LOWER ISSUED TO THE 2ND
APPLICANT.
EXHIBIT P1(A8) TRUE COPY OF THE ADMISSION TICKET
ISSUED TOP THE 1ST APPLICANT BY KPSC
FOR APPEARING FOR THE OMR EXAMINATION
FOR THE POST OF SURVEYOR GRADE II IN
THE SURVEY AND LAND RECORDS
DEPARTMENT.
2024:KER:73221
OP(KAT) NO.128 OF 2020
EXHIBIT P1(A9) TRUE COPY OF THE ADMISSION TICKET
ISSUED TOP THE 2ND APPLICANT BY THE
KPSC FOR APPEARING FOR THE OMR
EXAMINATION FOR THE POST OF SURVEYOR
GRADE II IN THE SURVEY AND LAND
RECORDS DEPARTMENT.
EXHIBIT P1(A10) TRUE COPY OF THE RELEVANT EXTRACTS OF
THE PROBABILITY LIST FOR THE POST OF
SURVEYOR GRADE II IN THE SURVEY AND
LAND RECORDS DEPARTMENT IN CATEGORY
NO. 415/2015 PUBLISHED BY THE
REGIONAL OFFICE OF THE KPSC, KOLLAM
ON 07.11.2017.
EXHIBIT P1(A11) TRUE COPY OF THE MESSAGE RECEIVED BY
THE 1ST APPLICANT FROM THE RESPONDENT
ON 28/11/2017.
EXHIBIT P1(A12) TRUE COPY OF THE G.O(MS) NO.165/10/PD
DATED 21.05.1970.
EXHIBIT P2 TRUE COPY OF THE MISCELLANEOUS
APPLICATION.
EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS
APPLICATION WITH ANNEXURES.
EXHIBIT P3(MA1) TRUE COPY OF THE REPRESENTATION FILED
BY THE MISCELLANEOUS APPLICANT BEFORE
THE ADDITIONAL 3RD RESPONDENT ON
30.1.2018.
EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT
FILED BY THE PSC.
EXHIBIT P5 TRUE COPY OF THE REJOINDER FILED BY
THE APPLICANT TO THE REPLY STATEMENT
DATED -03-2018.
EXHIBIT P5(A13) TRUE COPY OF G.O(P) NO.417/82/GAD
DATED 23.12.1982.
EXHIBIT P5(A14) TRUE COPY OF THE COMMUNICATION
NO.C4/48092/2017 DATED 5.1.2018 OF
THE DIRECTOR OF TECHNICAL EDUCATION.
EXHIBIT P5A(15) TRUE COPY OF G.O(RT)
NO.999/2003/H.EDN DATED 16.07.2003.
EXHIBIT P5(A16) TRUE COPY OF THE SCHEME OF K.G.C.
EXAMINATION (REVISION 2003).
2024:KER:73221
OP(KAT) NO.128 OF 2020
EXHIBIT P5(A17) TRUE COPY OF THE QUESTIONNAIRE
SUBMITTED UNDER THE RTI ACT, 2005 TO
THE STATE PUBLIC INFORMATION OFFICER,
DIRECTORATE OF TECHNICAL EDUCATION
DATED NIL.
EXHIBIT P5(A18) TRUE COPY OF THE INFORMATION RECEIVED
ON 20.01.2018 FROM STATE PUBLIC
INFORMATION OFFICER, DIRECTORATE OF
TECHNICAL EDUCATION.
EXHIBIT P5(A19) TRUE COPY OF THE INFORMATION RECEIVED
ON 20.01.2018 FROM STATE PUBLIC
INFORMATION OFFICER, DIRECTORATE OF
TECHNICAL EDUCATION.
EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT OF
THE 4TH RESPONDENT.
EXHIBIT P6(A R4(a) TRUE COPY OF G.O.(P) NO.16/87/P AND
ARD DATED 30/07/1987.
EXHIBIT P7 TRUE COPY OF THE REJOINDER TO THE
REPLY STATEMENT OF THE 4TH
RESPONDENT.
EXHIBIT P7(A20) TRUE COPY OF THE QUESTIONNAIRE
SUBMITTED BY THE APPLICANT ON
10/07/2018 UNDER THE RIGHT TO
INFORMATION ACT,2005.
EXHIBIT P7(A21) TRUE COPY OF THE INFORMATION RECEIVED
UNDER THE RIGHT TO INFORMATION
ACT,2005 ON 23/08/2018 FROM THE
DIRECTORATE OF TECHNICAL EDUCATION.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED
18.01.2019 IN O.A NO.2351/2017.
