Kerala High Court
Vishnu C.K vs State Of Kerala on 5 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman

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WP(C) NO. 27725 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 27725 OF 2024
PETITIONER/S:
VISHNU C.K.,
AGED 24 YEARS
S/O KRISHNAN, CHELOOR, PUDICHIRA P.O., WAYANAD, PIN -
673579
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
CHINNU MARIA ANTONY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
4 JOINT DIRECTOR(ACADEMIC),
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
5 SECRETARY TO GOVERNMENT,

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WP(C) NO. 27725 OF 2024
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
6 STATE POLICE CHIEF,
STATE POLICE HEADQUARTERS, VELLAYAMBALAM CITY,
THIRUVANANTHAPURAM, PIN - 695010
7 THE COMMANDANT,
ARMED POLICE BATTALION, KAP 4TH BATTALION,
MANGATTUPARAMBA, KANNUR, PIN - 670567
8 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM PALACE,
THIRUVANANTHAPURAM, PIN - 695001
9 DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
THRISSUR, PIN - 680020
BY SR.G.P. SRI. V.K.SUNIL
BY SC- SRI. P.C. SASIDHARAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 27725 OF 2024
JUDGMENT
Pursuant to Ext.P1 notification issued by the
Kerala Public Service Commission, (KPSC), the petitioner
applied for the post of Police Constable (Armed Police
Battalion). Though the petitioner participated in the
written test and physical efficiency test, his name was
not included in Ext.P8 rank list.
2. In response to the letter submitted by
the petitioner, the KPSC issued Ext.P9 reply stating that
Ext.P5 equivalency certificate issued by the General
Education Department which certifies Senior Secondary
School examination course from National Institute of
Open Schooling passed by the petitioner as equivalent to
the Higher Secondary Course conducted by the General
Education Department cannot be considered as
equivalent to Higher Secondary Course conducted by the
General Education Department, because, on the 1 st day

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WP(C) NO. 27725 OF 2024
of June of the year in which the petitioner cleared the
Senior Secondary examination ie.on 01.06.2017, he did
not attain the age of 18 years, as stipulated in Ext.P10
Government Order.
3. The petitioner has accordingly challenged
Ext.P10 Government Order in this writ petition on the
ground that the same is illegal and arbitrary.
4. When the writ petition came up for
admission on 05.08.2024, the learned Government
Pleader and the learned Standing Counsel for the PSC
submitted that the writ petition is not maintainable as
the remedy of the petitioner is before the Kerala
Administrative Tribunal. The learned counsel for the
petitioner submitted that the challenge against Ext.P10
can be maintained only before this Court. The writ
petition was admitted and posted to 10.09.2024 for the
statement/counter affidavit of the respondents.

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WP(C) NO. 27725 OF 2024
5. I.A. No.1 of 2024 is filed by the
petitioner producing a copy of Ext.P11 Government
Order stating that Ext.P10 Government Order is no
longer in force and that for the purpose of ascertaining
equivalency, Ext.P6 Government Order will only apply.
In view of Ext.P11 Government Order, even the
limited prayer of the petitioner as regards the legality of
Ext.P10 order need not be considered in this writ
petition. Leaving open the right of the petitioner to bring
Ext.P11 to the notice of the KPSC or to avail any remedy
as may be available in law before any other Forum, the
writ petition is closed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.

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WP(C) NO. 27725 OF 2024
APPENDIX OF WP(C) 27725/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION FOR THE POST OF
POLICE CONSTABLE(ARMED POLICE BATTALION) FOR
CATEGORY NO.537/2022 ISSUED BY THE KERALA
PUBLIC SERVICE COMMISSION DATED 15.12.2022.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET FOR THE PHYSICAL MEASUREMENT AND
PHYSICAL EFFICIENCY TEST CONDUCTED ON
08.02.2024 ISSUED BY THE KERALA PUBLIC
SERVICE COMMISSION.
Exhibit P3 TRUE COPY OF THE SENIOR SECONDARY SCHOOL
EXAMINATION MARKSHEET ISSUED TO THE
PETITIONER BY THE NATIONAL INSTITUTE OF OPEN
SCHOOLING
Exhibit P4 TRUE COPY OF THE PROVISIONAL CERTIFICATE
ISSUED BY NATIONAL INSTITUTE OF OPEN
SCHOOLING.
Exhibit P5 TRUE COPY OF THE EQUIVALENCY CERTIFICATE
ISSUED TO THE PETITIONER BY THE GENERAL
EDUCATION DEPARTMENT, HIGHER SECONDARY
DIVISION, THIRUVANANTHAPURAM DATED
02.04.2024.
Exhibit P6 TRUE COPY OF G.O(RT) NO.4411/2019/G.ED ISSUED
BY THE GENERAL EDUCATION DEPARTMENT DATED
24.10.2019.
Exhibit P7 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED
02.02.2024 ISSUED BY THE SULTHAN BATHERY
TALUK OFFICE.
Exhibit P8 TRUE COPY OF THE RANKED LIST FOR THE POST OF
POLICE CONSTABLE(ARMED POLICE BATTALION) FOR
CATEGORY NO.537/2022 ISSUED BY THE KERALA
PUBLIC SERVICE COMMISSION DATED 15.04.2024.

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WP(C) NO. 27725 OF 2024
Exhibit P9 TRUE COPY OF LETTER NO.UFR2-2/2/2022-KPSC-
PART(3) ISSUED BY THE KPSC DATED 04.05.2024.
Exhibit P10 TRUE COPY OF G.O(RT) NO.1768/2011/GED ISSUED
BY THE GENERAL EDUCATION DEPARTMENT DATED
12.05.2011.
Exhibit P11 TRUE COPY OF G.O (RT) NO.5227/2024/GEDN DATED
24.08.2024 ISSUED BY THE GENERAL EDUCATION
DEPARTMENT.
