Kerala High Court
Sreekanth.S, S/O R.Soundarajan vs Jaseena A on 25 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:1:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 553 OF 2023
AGAINST THE ORDER DATED 07.11.2023 IN OA (EKM) NO.762 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 IBRAHIM SHERIF K,
AGED 28 YEARS
S/O.KHADER, ARABI MANZIL, KUDALMERKALA POST, MANGALPADY VIA,
KASARGOD, PIN - 671324
2 JAYAKUMAR P,
AGED 36 YEARS
S/O. NARAYANA PARA (H), P.O.ANGADIMOGUR, KUMBALA VIA,
KASARGOD, PIN - 671321
3 VASUDHA S.N.,
AGED 36 YEARS
W/O.M.JEJA PRASAD, NEKLY(H), MYLATTY P.O. UDMA VIA,
KASARGOD, PIN - 671319
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
APARNA NARAYAN MENON
CHINNU MARIA ANTONY
RESPONDENT/S:
1 MALATHI B.P.,
AGED 36 YEARS
W/O.MAKESH V.M, VAIKKATH HOUSE, UDINUR P.O., KASARGOD, PIN -
671310
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:2:-
2025:KER:16016
2 VIJAYALAKSHI M.,
AGED 42 YEARS
W/O./RAVEENDRAN M.C PAKKAM P.O, KASARGOD, PIN - 671316
3 SANGEETHAKUMARI M.N.,
AGED 37 YEARS
W/O.SUBHASHKUMAR V.S., VAYALIL HOUSE, KANATHUMOOLA P.O.,
BANGALAM, KASARGOD, PIN - 671314
4 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE
COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
5 DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION TIGER HILLS, THAYALANGADI,
KASARGOD, PIN - 671121
6 DISTRICT COLLECTOR,
CIVIL STATION, VIDYANAGAR, KASARGOD, PIN - 671123
7 MARIYAMATH RAMSEENA,
W/O.RUBEEL N.A, DERJAL (H), KUBANOOR, KASARGOD, PIN - 671322
BY ADVS.
P.NANDAKUMAR
S.ANEESH
AMRUTHA SANJEEV
VIVEK VIJAYAKUMAR
P.C.SASIDHARAN, SC, PSC
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).26/2024, 350/2024 AND CONNECTED CASES, THE
COURT ON 25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:3:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 26 OF 2024
AGAINST THE ORDER DATED 07.11.2023 IN OA (EKM) NO.762 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC
SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, TIGER HILLS,
THAYALANGADI,KASARGODE, KERALA, PIN - 671121
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 MALATHI B.P,
AGED 35 YEARS
W/O.MAKESH V.M., VAIKKATH HOUSE,UDINUR P.O., KASARAGODE,
KERALA., PIN - 671310
2 VIJAYALAKSHMI.M,
AGED 42 YEARS
W/O. RAVEENDRAN.M.C., PAKKAM P.O., KASARGOD, PH:
9947518292,KERALA, PIN - 671316
3 SANGEETHAKUMARI.M.N,
AGED 37 YEARS
W/O. SUBHASHKUMAR.V.S., VAYALIL HOUSE, KANATHUMOOLA
P.O.,BANGALAM,KASARGOD, PH:9497836717,KERALA, PIN - 671314
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:4:-
2025:KER:16016
4 DISTRICT COLLECTOR,
CIVIL STATION, KASARGODE,KERALA, PIN - 671123
5 IBRAHIM SHERIF K,
AGED 27 YEARS
S/O KHADER, ARABI MANZIL, KUDALMERKALA POST, MANGALPADY VIA,
KASARGOD, KERALA., PIN - 671324
6 JAYAKUMAR P,
AGED 35 YEARS
S/O NARAYANA, PARA (H), P.O.ANGADIMOGUR, KUMBALA VIA,
KASARGOD, KERALA., PIN - 671321
7 VASUDHA S.N,
AGED 35 YEARS
W/O M.JEJA PRASAD, NEKLY(H), MYLATTY P.O., UDMA VIA,
KASARGOD, KERALA., PIN - 671319
8 MARIYAMATH RAMSEENA,
AGED 29 YEARS
W/O RUBEEL N.A., DERJAL (H), KUBANOOR, KASARGOD, PIN -
671322
9 ADDL R9:RAZIQUE.K.E. ,
AGED 38 YEARS, S/O.SHEIKH ISMAIL, RESIDING AT K.E. COMPOUND,
PANDYAL ROAD, HASABETTU, MANJESWAR, KASARGODE-671323.
10 ADDL R10: MOOSA.K. ,
AGED 38 YEARS, S/O. ABDULLA, RESIDING AT MIYAPADAVU HOUSE,
MIYAPADAVU.P.O., MANJESWARAM, KASARGODE-671323.
11 ADDL R11: RAKSHITH.P.S.
AGED 33 YEARS, S/O. SUBBA PATALI, RESIDING AT SREESHAKTHI
NILAYAM, MAJAL, BEDRADKA.P.O., KASARGODE-671124.
PH:9048889477.
ADDL R9 TO R11 ARE IMPLEADED AS PER ORDER DATED 13/8/2024 IN
IA 2/24 IN OP(KAT)26/2024.
BY ADVS.
P.NANDAKUMAR
KALEESWARAM RAJ
S.ANEESH
K.R.GANESH
APARNA NARAYAN MENON(K/385/2021)
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:5:-
2025:KER:16016
AMRUTHA SANJEEV
VIVEK VIJAYAKUMAR
MERIN K JIMMY
ANJANA ROY
ELVIN PETER P.J. (SR.)
GOURI BALAGOPAL
SREELEKSHMI A.S.
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:6:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 350 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.1923 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 SREEKANTH.S, S/O R.SOUNDARAJAN,
AGED 37 YEARS
6/217 PALAMETTU STREET, NEAR LAKSHMI NARAYANA TEMPLE,
SEKHARIPURAM, PALAKKAD, PIN - 678010
2 SRIDEVI.G,
AGED 43 YEARS
W/O SELVARAJ.K.V, 16/345, RUGMININIVAS,
VISWAKARMANGR,KALLEPPULLY, PALAKKAD, PIN - 678005
3 SABEENA.H,
AGED 33 YEARS
W/O BASHEER.H, ALAMPALLAM, PUDUSSERY, VTC, PUDHUSSERY (W),
PALAKKAD, PIN - 678623
4 SRUTHI.C,
AGED 31 YEARS
W/O DINESHKUMAR.S, GANESAPURAM, PAMPAMPALLAM, PUDUSSERY
(EAST, PALAKKAD, PIN - 678621
5 SARANYA.B,
AGED 34 YEARS
D/O BALAKRISHNAN, 40/297, OPP.MARGIN FREE SUPER MARKET.
VADAKKANTHARA, PALAKKAD, PIN - 678012
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:7:-
2025:KER:16016
6 SELVARAJ.S,
AGED 41 YEARS
S/O DEVU, 8/15 SOUTH STREET, VADAKKATHARA, CHITTUR .P.O,
PALAKKAD, PIN - 678101
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENT/S:
1 JASEENA A,
AGED 26 YEARS
W/O MYSHAD Y, LOWER DIVISION CLERK, BGHSS, VANNAMADA,
PALAKKAD DISTRICT, PIN - 678555
2 THE STATE OF KERALA ,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
GENERAL EDUCATION, ECRETARIAT ANNEX - II,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,
PALAKKAD DISTRICT, PIN - 678001
4 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS,
PATTOMPALACE.P.O, THIRUVANANTHAPURAM, PIN - 695004
5 THE DISTRICT OFFICER,
THE KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,
KUNNATHURMEDU, PALAKKAD DISTRICT, PIN - 678001
BY ADVS
V.A.MUHAMMED
P.C.SASIDHARAN, SC, PSC
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:8:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 402 OF 2024
AGAINST THE ORDER DATED 26/07/2024 IN OA (EKM) NO.259 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM-, KERALA, PIN - 695004
2 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, PALAKKAD , KERALA, PIN -
678001
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
RAJEENA A,
AGED 36 YEARS
W/O ABDUL LATHEEF, LOWER DIVISION CLERK (TAMIL & MALAYALAM
KNOWING), (RE- DESIGNATED AS CLERK (TAMIL & MALAYALAM
KNOWING) SCHEDULE CASTE DEVELOPMENT DEPARTMENT),CHITTOOR
BLOCK,PALAKKAD-678544 RESIDING AT GANDHI NAGAR,A/23,
POOCHIRA, PUDUPARIYARAM P.O, PALAKKAD, PIN - 678731
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:9:-
2025:KER:16016
BY ADVS.
BRIJESH MOHAN
RESMI G. NAIR(K/1692/1999)
K.JAJU BABU (SR.)(K/116/1981)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:10:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 407 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.249 OF 2024 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM- KERALA, PIN - 695004
2 THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM
PALACE P.O, THIRUVANANTHAPURAM KERALA, PIN - 695004
3 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, PALAKKAD , KERALA, PIN -
678001
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 GOMATHI M, AGED 33 YEARS,
W/O BALAMURUGAN, LOWER DIVISION CLERK, PATTANCHERRY GRAMMA
PANCHAYAT, PATTANCHERRY, PALAKKAD- 678532, RESIDING AT
25/323 NEELIKKAD, PUTHENPARAMBA, THATHAMANGALAM P.O,
PALAKKAD, PIN - 678102
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:11:-
2025:KER:16016
2 THE DEPUTY DIRECTOR OF PANCHAYATH,
CIVIL STATION, PALAKKAD, PIN - 678001
3 THE PATTANCHERRY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PATTANCHERRY, PALAKKAD, PIN -
678542
BY ADVS
BALAGANGADGARAN UNIKKAT
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:12:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 408 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.1923 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM-, KERALA, PIN - 695004
2 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,
KUNNATHURMEDU, PALAKKAD KERALA, PIN - 678001
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 JASEENA A,
W/O MYSHAD Y, LOWER DIVISION CLERK, BGHSS, VANNAMADA,
PALAKKAD DISTRICT-678555 (RESIDING AT RAIHANA MANZIL,
POLLACHI ROAD, CHALLAPATHA, KOZHINJAMPARA, PALAKKAD
DISTRICT), PIN - 678555
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
GENERAL EDUCATION, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM,
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:13:-
2025:KER:16016
PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION,
EDUCATION DEPARTMENT, CIVIL STATION, PALAKKAD, PIN - 678001
BY ADVS
V.A.MUHAMMED
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:14:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 411 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.253 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM-695004, KERALA
2 THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM
PALACE P.O, THIRUVANANTHAPURAM, PIN - 695004
3 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, PALAKKAD, PIN - 678001
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 KRIPA P. K,
AGED 38 YEARS
W/O UNNIKRISHNAN V, CLERK (TAMIL AND MALAYALAM KNOWING)
GOVERNMENT TRIBAL HIGH SCHOOL, MUTTATHUKAD, ATTAPADI,
PALAKKAD 678581, RESIDING AT MURALI NIVS, THEKKUMKAD P.O,
VADAKKANCHERRY, TRICHUR, PIN - 682581
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:15:-
2025:KER:16016
2 AISWARYA P,
AGED 29 YEARS
W/O BINU, CLERK, PUDUNAGARAM GRAMA PANCHAYAT, PUDUNAGARAM,
PALAKKAD- 678503 RESIDING AT ALINGAL HOUSE, COYALMANNAM P.O,
PALAKKAD, PIN - 678702
3 SALINI S,
AGED 26 YEARS
W/O TENNY JOY, CLERK (TAMIL AND MALAYALAM KNOWING)
ELEVANCHERRY GRAMA PANCHAYAT, ELEVANCHERRY, PALAKKAD-
678508, RESIDING AT HEAVENLY HOME, MISSION COMPOUND
MEPARAMBA PALLIPURAM POST PALAKKAD, PIN - 678006
4 THE DEPUTY DIRECTOR OF EDUCATION,
EDUCATION DEPARTMENT, CIVIL STATION, PALAKKAD, PIN - 678001
5 THE DEPUTY DIRECTOR OF PANCHAYAT,
CIVIL STATION, PALAKKAD, PIN - 678001
BY ADV BALAGANGADGARAN UNIKKAT
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:16:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 412 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.268 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695004
2 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, PALAKKAD , KERALA, PIN -
678001
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
1 KAVYA M,
AGED 26 YEARS
W/O ANOOP M, LOWER DIVISION CLERK (TAMIL AND MALAYALAM
KNOWING), KOZHINJAMPARA GRAMA PANCHAYAT, KOZHINJAMPARA P.O,
PALAKKAD, KERALA- 67855 RESIDING AT DEVI NIVAS, AYYAPURAM,
KALPATHI P.O, PALAKKAD, KERALA, PIN - 678003
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:17:-
2025:KER:16016
GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
3 THE DEPUTY DIRECTOR OF PANCHAYAT,
OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, CIVIL STATION,
PALAKKAD, PIN - 678001
BY ADVS
REKHA VASUDEVAN
A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:18:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 428 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.222 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM, PIN - 695004
2 KERALA PUBLIC SERVICE COMMISSION,
KERALA PUBLIC SERVICE COMMISSION, PALAKKAD DISTRICT OFFICE,
REPRESENTED BY THE DISTRICT OFFICER, OPPOSITE GOVERNMENT
GUEST HOUSE, PALAKKAD, PIN - 678622
3 THE DISTRICT OFFICER,
PALAKKAD DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,
OPPOSITE GOVERNMENT GUEST HOUSE, PALAKKAD, PIN - 678622
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
SMT SAJAYA V.S,
W/O NAGARAJ S., MUTHALITHARA, ELAPPULLY, TENARI P.O,
PALAKKAD, PIN - 678622
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:19:-
2025:KER:16016
BY ADVS.
S.SABARINADH
INDULEKHA JOSEPH(K/548/2014)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:20:-
2025:KER:16016
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 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP(KAT) NO. 432 OF 2024
AGAINST THE ORDER DATED 26.07.2024 IN OA (EKM) NO.569 OF 2024 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/S:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE
P.O, THIRUVANANTHAPURAM-, KERALA, PIN - 695004
2 KERALA PUBLIC SERVICE COMMISSION, PALAKKAD DISTRICT OFFICE,
REPRESENTED BY THE DISTRICT OFFICER, OPPOSITE GOVERNMENT
GUEST HOUSE, PALAKKAD P.O-, KERALA, PIN - 678622
3 THE DISTRICT OFFICER,
PALAKKAD DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,
OPPOSITE GOVERNMENT GUEST HOUSE, PALAKKAD P.O, KERALA, PIN -
678622
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENT/S:
SMT. DIVYA RAVEENDRAN S,
AGED 35 YEARS
D/O. RAVEENDRAN, SANTHOSH BHAVAN, VAYALA P.O, PARAKODE,
PATHANAMTHITTA- {RANK NO.8 & ADVICE NO.P IV (1)3995/16[2(3)]
DATED 04. 04. 2022), KERALA, PIN - 691554
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:21:-
2025:KER:16016
BY ADVS.
S.SABARINADH
INDULEKHA JOSEPH(K/548/2014)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
21.02.2025, ALONG WITH OP(KAT).553/2023 AND CONNECTED CASES, THE COURT ON
25.02.2025 DELIVERED THE FOLLOWING:
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
-:22:-
2025:KER:16016
JUDGMENT "C.R."
[OP(KAT) Nos.553/2023, 26/2024, 350/2024, 402/2024, 407/2024, 408/2024,
411/2024, 412/2024, 428/2024, 432/2024]
Dated this the 25th day of February 2025
A.Muhamed Mustaque, J.
"Can the Public Service Commission (PSC) prescribe a minimum
qualifying mark for each compartment of a single examination after
the examination and thereby eliminate candidates who failed to meet
the required minimum in any one of the compartments?" is the
question to be answered in these original petitions. The Kerala
Administrative Tribunal answered against PSC.
2. The PSC issued a notification as per category No. 459/2016
on 30/12/2016 for the post of Lower Division Clerk (Kannada and
Malayalam knowing) in Kasargode District. It is appropriate to refer
to the events followed thereon in a chronological manner.
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
3. The chronology of events in O.P.(KAT).Nos.26/2024 and
553/2023 are summarised below:
30.12.2016 Notification as per category No. 459/2016 for the post
of LDC (Kannada & Malayalam Knowing) in
Kasargode District
22.10.2019 OMR Examination
03.10.2020 Descriptive Examination
25.02.2021 Decision No. 25 on prescribing minimum marks for
each subject.
21.12.2021 Publication of Probability List PL No. 12/2021/DOB
01.11.2022 Order by Honourable Kerala Administrative Tribunal in
OA(EKM) No. 86/2022 setting aside the probability list
dated 21.12.21.
11.01.2023 Order of stay in OP(KAT)No. 8/2023 by this court against
the Tribunal order in OA(EKM)No. 86/2022
18.04.2023 Cancellation of Probability List dated 21.12.21 on
account of letter dated 08.02.2023 by Notification No.
KGD III (3)247109/2019.
09.05.2023 Fresh Probability List issued by Notification No. PL No.
01/2023/DOB
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
20.09.2023 OP(KAT) No. 8/2023 was disposed of by this court for
fresh consideration along with OA(EKM) No. 762/2023,
which was pending before the tribunal at that time.
OA(EKM) No. 762/2023 was filed challenging the fresh
probability list.
07.11.2023 Judgment by the Honourable Kerala Administrative
Tribunal, Thiruvananthapuram in OA(EKM) No.
762/2023.
4. Similarly, PSC issued a notification as per Category No.
116/2017, for LDC (Tamil and Malayalam knowing) in Palakkad
District. The chronology of events that followed in O.P.(KAT) Nos.
350/2024, 402/2024, 407/2024, 408/2024, 411/2024, 412/2024,
428/2024 and 432/2024 are tabulated below:
CASE NUMBER OP(KAT) OP(KAT) OP(KAT) OP(KAT) OP(KAT) OP(KAT) OP(KAT) OP(KAT)
350/24 402/24 407/24 408/24 411/24 412/24 428/24 432/24
Notification for
Category No.
116/2017(A1),
LD Clerk
(Tamil and 30.05.2017 30.05.2017 30.05.2017 30.05.2017 30.05.2017 30.05.2017 30.05.2017 30.05.2017
Malayalam
knowing) in
Palakkad
District
Objective Test 05.10.2019 05.10.2019 05.10.2019 05.10.2019 05.10.2019 05.10.2019 05.10.2019 05.10.2019
Shortlist 20.08.2020 20.08.2020 20.08.2020 20.08.2020 20.08.2020 20.08.2020 20.08.2020 20.08.2020
Descriptive
03.10.2020 03.10.2020 03.10.2020 03.10.2020 03.10.2020 03.10.2020 03.10.2020 03.10.2020
Test
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
of the
commission to
prescribe
07.12.2020 07.12.2020 07.12.2020 07.12.2020 07.12.2020 07.12.2020 07.12.2020 07.12.2020
minimum
marks for each
subject in the
ratio 20:40:40
Publication of
03.12.2021 03.12.2021 03.12.2021 03.12.2021 03.12.2021 03.12.2021 03.12.2021 03.12.2021
Probability list
Publication of
25.02.2022 25.02.2022 25.02.2022 25.02.2022 25.02.2022 25.02.2022 25.02.2022 25.02.2022
Ranked List
Respondent
No.1 -
04.04.2022 04.04.2022 04.04.2022 24.06.2022 26.02.2022 04.04.2022
Respondent
04.04.2022
No.2 - nil
Date of 04.04.2022
issuance of
Advice Memo Respondent
No.3 -
04.04.2022
Respondent
Issue of No.1 -
Appointment 06.05.2022 21.04.2022 12.05.2022 06.05.2022 27.07.2022 12.05.2022 30.03.2022 05.05.2022
Order
Respondent
Nos.2 & R3
12.05.2022
Respondent
No.1 -
Joining Date 09.02.2022 27.04.2022 25.05.2022 09.05.2022 05.08.2022 01.04.2022 11.05.2022
nil
Respondent
No.2 -
21.05.2022
Respondent
No.3 -
17.05.2022
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Deletion of
Entry from the 01.02.2023 01.02.2023 01.02.2023 01.02.2023 01.02.2023 01.02.2023 01.02.2023 01.02.2023
Probability List
Deletion of
Entry from 20.10.2023 20.10.2023 20.10.2023 20.10.2023 20.10.2023 20.10.2023 20.10.2023 20.10.2023
Rank List
Issuance of
show cause
notice 14.11.2023 07.07.2023 14.11.2023 14.11.2023 07.07.2023 14.11.2023
nil 16.01.2023
cancelling the
advice
Reply/Objectio 25.11.2023 Undated 27.11.2023 25.11.2023 nil 18.07.2023 25.01.2023 01.12.2023
n to show 07.08.2023
cause notice
Order
confirming nil nil nil 28.10.2023 12.01.2024 01.02.2024
Show Cause 28.10.2023 nil
Notice
Letter
Intimating nil 01.02.2024 nil nil nil nil
Cancellation of nil 01.02.2024
Advice
Date of
common Order
in OA(EKM)
and connected 26.07.2024 26.07.2024 26.07.2024 26.07.2024 26.07.2024 26.07.2024 26.07.2024 26.07.2024
cases
challenging
the revised
rank list.
INITIAL DISPUTE
5(a). The written exam comprises of main topics consisting of
three parts:
Part-I General English;
Part-II Regional Language Malayalam;
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Part-III Regional Language Kannada/Tamil as the case may be.
Maximum Marks - 100
(No prescription of minimum marks referred in examination scheme
or in question papers)
5(b). In O.A. (EKM) No. 86/2022 filed by the candidates Malathi
V.P. and others for appointment to the post of LDC (Kannada
Malayalam knowing) in Kasargode District, the Tribunal considered
the question of the correctness of the decision of PSC prescribing
minimum mark criteria without prior intimation to the candidates.
The Tribunal found that such a prescription is arbitrary. This was
challenged before this Court by PSC in O.P.(KAT). No. 8/2023.
6. Pending challenge before this Court, PSC cancelled the
shortlist which was the subject matter of the challenge in O.A. No.
86/2022, because there was a mistake in the tabulation of marks.
According to PSC, a mistake occurred in representing marks in each
compartment. Instead of the 20:40:40 ratio, the mark sheet was
tabulated at the ratio of 20:30:50. It is for this reason that the
probability list which is the subject matter of the challenge in
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
O.A.(EKM) No.86/2022 was withdrawn subsequent to the disposal of
O.A.(EKM) No.86/2022.
7. The challenge against the judgment in O.A.(EKM)
No.86/2022 was disposed of by this Court as per the judgment in
O.P.(KAT). No. 8/2023 noting that the probability list referred to in
O.A.No. 86/2022 was cancelled by PSC subsequently and remanded
back the matter to the Tribunal for fresh consideration along with
O.A.(EKM) No.762/2023, wherein the subsequent list was also
challenged by some of the candidates. It is stated at the Bar that
O.A.(EKM)No.86/2022 is still pending before the Tribunal, and
O.A.(EKM) No.762/2023 alone has been disposed of. O.A.(EKM)
No.762/2023 was disposed of by the Tribunal by relying on its own
judgment passed earlier in O.A.(EKM) No. 86/2022.
8. We are not elaborating on the facts and date of events in
this matter, as the question now survives whether PSC is justified in
prescribing minimum marks in each compartment. Regarding the
question on the mistake of tabulation of marks for each
compartment, it may not have much impact in this case unless this
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Court upholds PSC's action prescribing minimum marks for each
compartment.
THE PRESENT DISPUTE
9. After the disposal of O.A.(EKM) No.86/2022 by the
Tribunal, challenges were made before the Tribunal regarding the
probability list of Palakkad along with Kasargode. The preferential
language required to be possessed by potential candidates in
Palakkad is Tamil and Kasargode is Kannada. These challenges arose
after the disposal of O.A.(EKM) No. 86/2022. The PSC withdrew the
probability list which was challenged in O.A.(EKM) No. 86/2022.
According to PSC, they committed an error in tabulating the marks.
Instead of the 20:40:40 ratio, they tabulated and awarded marks on
the ratio of 20:30:50. This exercise was carried on based on the PSC
stand in O.A. (EKM) No. 251/2022 filed by one Robert Benny and
others alleging erroneous evaluation. In the above case, PSC took
the stand before the Tribunal that they committed a mistake. Tribunal
recording submission of PSC disposed of O.A. (EKM) No. 251/2022
on 24.01.2023, permitting the PSC to expedite the rectification
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
process within two months. Based on the above-alleged mistake, PSC
reworked the list, which was challenged before the Tribunal by the
candidates who have been advised by PSC and who have been
appointed to the post of LDC, and also by some other candidates who
were initially included in the probability list and later, their names
were deleted from the probability list. Separate challenges were
being made by candidates who were included in both lists of LDC in
Palakkad and Kasargode.
10. The present challenge is made on the following grounds.
10.(i) On the competency of PSC to prescribe minimum mark
criteria to exclude candidates after the written exam.
10.(ii)On the mistake in tabulation of marks given to different
compartments of the examination paper.
11. The second question is dependent on the first question we
need to answer. If we uphold the order of the Tribunal, the question
on the second point becomes redundant as much as PSC will have to
prepare a probability list based on the aggregate marks in the
examination. The Tribunal in O.A.(EKM) 762/2023 upheld the
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
challenge regarding the prescription of minimum marks and ordered
that PSC shall publish a fresh probability list without insisting on any
separate minimum marks for Part II and Part III or an aggregate
minimum for all the parts of the examination. The Tribunal in
O.A(EKM) 222/2024 and connected cases, by setting aside the
revised rank list, directed the candidates who have been advised by
PSC and who have been appointed to the post of LDC to continue in
service. It is challenging these orders; PSC and candidates who are
affected by the outcome of the orders of the Tribunal filed these
original petitions.
PSC PROCEDURE FOR CONDUCTING EXAM
12. The Rules of Procedure of the Kerala Public Service
Commission empower the PSC to hold a written
examination/practical test for recruitment to a service or post. The
relevant portion of Rule 4 is as follows:
"4. Where a written examination and/or a practical test is conducted by
the Commission for recruitment to a service or post, the Commission shall-
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
(i) Announce:
(a) the qualifications required of the candidates for the examination
(b) the conditions of admission to the examination including the fees
(c) the subjects, Scheme or syllabus of the examination, and
(d) the number of vacancies to be filled from among the candidates for the
examination."
13. In Rule 11, the Commission is also empowered to decide
in respect of all selections, as referred to below:
"11. A decision as to the following shall be taken by the Commission in
respect of all selections made by them.
(i) Whether any candidate possesses the prescribed qualifications for the
post;
(ii) the basis on which the marks should be awarded;
(iii) the minimum or minima of marks for inclusion in the ranked list;
(iv) the manner in which the practical examination, physical efficiency test
or any other test or examination is to be conducted.
(v) any other matter incidental to the selection."
SUBMISSIONS
14. According to the PSC, the purpose of the test is to
ascertain the proficiency of a candidate in Malayalam and
Kannada/Tamil (referred to as specialised languages). Therefore,
question papers are set in such a manner to ascertain proficiency in
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Malayalam and specialised languages. If the minimum mark is not
prescribed, the very purpose of the prescription of working
knowledge in a special subject will be defeated. According to PSC, in
Kasargode and Palakkad, Officers working in the lowest rung will
have to deal with people who are not conversant in Malayalam, and
they prefer to speak Tamil in Palakkad and Kannada in Kasargode. It
is stated by PSC that in the notification itself, it is stipulated that the
candidates should possess working knowledge in both Malayalam and
Kannada/Tamil. Therefore, without prescribing minimum marks,
candidates who do not possess special knowledge either in Tamil or
Kannada cannot be eliminated. It is argued by the learned Standing
Counsel for PSC that all the candidates understood the scheme of the
exam, and therefore, there is no arbitrariness in prescribing the
minimum marks. The learned Standing Counsel relied on the
judgment of a Single Bench of this Court in P.V.Prakasini v. KPSC
and Others (1993 KHC 209) to argue their point that PSC has the
power to correct mistakes committed by itself. This argument was in
the background of the fact that there is a mistake in the tabulation,
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
instead of the ratio of 20:40:40, PSC tabulated marks on the
20:30:50 ratio. The learned Standing Counsel also relied on the
judgment of the Division Bench in Swaroop K. M. v. State of
Travancore, Elanhippalam and Another [2018 (2) KHC 289] to
substantiate that PSC cannot appoint candidates who cannot fulfil
eligibility norms.
15. The counsels who support the stand of the PSC placed
reliance on the judgment of the Apex Court in State of Uttar
Pradesh v. Karunesh Kumar and Others (2022 SCC OnLine SC
1706), particularly paragraph 32 of the judgment, which reads thus:
"32. The respondents have also placed reliance on the decision of this
Court in the case of K. Manjusree (supra). However, in our considered view,
the facts of the aforesaid decision are quite different from the present case.
A change was introduced for the first time after the entire process was
over, based on the decision made by the Full Court qua the cut off.
Secondly, it is not as if the private respondents were nonsuited from
participating in the recruitment process. The principle governing changing
the rules of game would not have any application when the change is with
respect to the selection process but not the qualification or eligibility. In
other words, after the advertisement is made followed by an application
by a candidate with further progress, a rule cannot be brought in,
disqualifying him to participate in the selection process. It is only in such
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
cases, the principle aforesaid will have an application or else it will hamper
the power of the employer to recruit a person suitable for a job."
16. Relying on the above paragraph, the learned counsels
would argue that PSC applied the correct rule of the selection process
to further the very objective of the written test, and it can in no way
prejudice any candidate who will be eliminated due to lack of
proficiency in the particular subject.
17. The learned counsel opposing PSC's suggestions relied on
a large number of judgments, including P.K. Ramachandra lyer
and Others v. Union of India and Others [(1984) 2 SCC 141];
Umesh Chandra Shukla v. Union of India [(1985) 3 SCC 721];
Shri Durgacharan Misra v. State of Orissa and Others [(1987)
4 SCC 646]; Dr. Krushna Chandra Sahu and Others v. State of
Orissa and Others [(1995) 6 SCC 1]; Maharashtra State Road
Transport Corporation and Others v. Rajendra Bhimrao
Mandve and Others [(2001) 10 SCC 51]; State of Punjab and
Others v. Manjith Singh and Others [(2003) 11 SCC 559];
Bedanga Talukdar v. Saifudaullah Khan and Others [(2011)
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
12 SCC 85]; Nutan Kumari v. B. R. A. Bihar University [2023
KHC 6969]; Ankita Thakur v. H. P. Staff Selection Commission
[2023 KHC 6988]; Anil Kishore Pandit v. The State of Bihar
and Others [2024 SCC OnLine SC 332]; Sushil Kumar Pandey
and Others v. High Court of Jharkhand and Another [2024 SCC
OnLine SC 117]; Tapas Kumar Das v. Hindustan Petroleum
Corporation Ltd. [AIR 2024 SC 1933]; Shashi Bhushan Prasad
Singh v. State of Bihar and Others [2024 SCC Online SC 2698];
Ravidas M. and Another v. Kerala Public Service Commission
and Others [2009 (2) KHC 10(FB)]; Geethu K.C. (Dr.) v.
Secretary, Kerala Public Service Commission, Tvm. [2024 (4)
KHC 586]; and argued that in any examination, candidates must
know about the outcome of the examination, and in anticipation to
prepare for the examination, they should know the criteria fixed for
elimination or inclusion. It is pointed out that there is no minimum
mark prescribed for Part I English, and therefore, the candidates
could have very well devoted time to Part II and Part III more
competitively to secure high marks. It is submitted that in the
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
absence of a prescription of minimum marks, in the notification or
the scheme of examination or in the question paper, any change
made thereafter on evaluation criteria is arbitrary and illegal. The
learned counsels also pointed out that many of the candidates have
already been advised by the PSC and have been appointed, and the
present attempt of the PSC to cancel the advice is after one year of
the date of advice. Therefore, it is hit by the proviso to Rule 3(c),
Part II of KS&SSR, 1958. The proviso bars PSC from terminating the
service of candidates within one year from the date of such advice.
DISCUSSIONS
18. There cannot be much doubt as to the power of PSC in
prescribing minimum marks for any compartmentalized examination.
The written examination is one of the modes of selection criteria to
assess the competence, proficiency and merit of the candidates. If
an exam is conducted to assess the performance of a candidate vis-
a-vis different compartments of the examination, PSC should fix
minimum and maximum marks for the examination in each
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
compartment in advance. The competition is among eligible
candidates in a race to reach the top for the limited vacancies. They
should have certainty about the exam and the criteria adopted to
assess them in such competition. It is the knowledge of the
candidates as to the criteria of such a competitive exam that makes
it competitive and not by any fortuitous circumstances. In a recent
judgment by this Court in Divya K.S and Others v. State of Kerala
and Others (2025 KHC 147), the court has opined on the exercise
of power as follows:
"Possessing authority and exercising it are two distinct concepts and
should not be conflated. The power to enforce compulsory government
service is different from the way that power is wielded. While the authority
may be lawful, its exercise is not automatically justified. Confusing the
existence of power with its manner of execution can create misconceptions
about the nature of authority and its relationship with those governed by
it. All power must be exercised responsibly, with accountability, and
through thoughtful consideration and application of mind. It must also
respect the rights of others and adhere to a fair and transparent procedure.
Consequently, the exercise of such power is open to challenge. Exercise of
such power in a context becomes arbitrary if such exercise results in an
unanticipated outcome of pre-established relations on defined norms."
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
19. On a glance at the question paper produced before this
Court, it is not discernible whether an examination was conducted in
a compartmentalized manner. There are 10 questions - PSC would
claim that two questions represent Part I - English and four questions
each represent Malayalam and specialised language. Each question
carries 10 marks, totalling 100 marks. No man with a little prudence
would be in a position to make sure that the examination was
conducted on a compartmentalized basis with minimum and
maximum marks for each compartment. Candidates have the right
to know the criteria for elimination and inclusion in an examination;
if no criteria are mentioned, it has to be assumed that the candidates
who scored the highest marks will have to be included in the merit
list in accordance with the marks secured. Apparently in this case
PSC or the evaluator could not make out any prescription of minimum
marks while evaluating or tabulating marks. It is after complaints
and litigations, that PSC woke up from the slumber to rectify their
own mistake of not prescribing minimum or maximum marks for each
compartment of the exam. The PSC cannot redo the exercise at the
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
cost of the candidates. At best, PSC could have cancelled the
examination in light of the serious flaw they detected subsequently.
But, by the passage of time, it became irredeemable.
20. A Constitution Bench of the Apex Court in Sivananda C.
T. v. High Court of Kerala (2023 (5) KHC 347) deprecated the
practice of prescribing cut-off marks for viva voce examination after
the conduct of viva voce examination for selection to the post of
District Judge. Again in Tej Prakash Pathak v. Rajasthan High
Court (2024 KHC Online 6611), the Apex Court reiterated that
eligibility criteria notified cannot be changed at the midway of the
recruitment process.
21. The judgments relied on by the learned counsel who
opposed the prayers made by the PSC establish the principle that the
PSC cannot prescribe the criteria for evaluation of the written
examination after the examination is over. The judgment in
Karunesh Kumar's case (supra) relied on by the learned counsel
does not hold good in this matter. Karunesh Kumar's case was with
regard to the application and modification of relevant rules in the
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
selection process. However, the issue at hand is not about the
application of any rules but in fact, related to non-disclosure of the
assessment criteria before the written examination. This omission
directly impacts the level playing field of the candidates who
participated in the examination.
22. The written examination plays a crucial role in assessing
candidates' performance. Establishing clear evaluation criteria in
advance is essential in maintaining the integrity of the examination
process. Predefined standards also enhance candidates' confidence,
as they are aware of the expectations set for them. The PSC must
take this responsibility seriously.
23. Each candidate prepares for the examination with the
expectation that they will be evaluated according to the pre-
established pattern. The PSC cannot arbitrarily disregard these
expectations, especially after issuing an advice memo. Such lapses
in the examination process are unacceptable. We trust that the PSC
will take necessary measures to prevent such errors in the future.
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
In the result;
All the original petitions are dismissed. No order as to costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P. KRISHNA KUMAR, JUDGE
ms
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 26/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF NOTIFICATION DATED 30/12/2016 FOR
THE POST OF LOWER DIVISION CLERK (KANNADA &
MALAYALAM KNOWING) IN KASARAGODE DISTRICT AS PER
Annexure A2 TRUE COPY OF ORDER DATED 15/01/2020 IN
OA(EKM)2072 OF 2019
Annexure A3 TRUE COPY OF ADMISSION TICKET ISSUED TO THE 1ST
APPLICANT
Annexure A4 TRUE COPY OF SHORT LIST PL NO.12/2021/DOB DATED
21.12.2021 ISSUED BY THE 1ST RESPONDENT
Annexure A5 TRUE COPY OF NOTES IN FILE NO.DCKSGD/28/2019-M2
OF THE DISTRICT COLLECTOR, KASARAGODE
Annexure A6 TRUE COPY OF RTI APPLICATION DATED 30/11/2020
SUBMITTED BY THE 1ST APPLICANT
Annexure A6(a) TRUE COPY OF REPLY LETTER NO. DDP-
KSTDD/2273/2020-SC4 DATED 28/12/2020 ISSUED BY
THE STATE PUBLIC INFORMATION OFFICER ,OFFICE OF
THE DEPUTY DIRECTOR OF PANCHAYATS, KASARAGODE
Annexure A7 TRUE COPY OF ADMISSION CARD ISSUED IN FAVOUR OF
ONE SHAKILA K
Annexure A8 TRUE COPY OF NOTIFICATION ISSUED BY THE 1ST
RESPONDENT DATED 12/04/2016 FOR THE POST OF
ASSISTANT (KANNADA KNOWING) CATEGORY NO.46/2016
Annexure A9 TRUE COPY OF ORDER DATED 01/11/2022 IN
OA(EKM)86/2022
Annexure A10 TRUE COPY OF ORDER DATED 11/01/2023 IN OP(KAT) 8
/2023
Annexure A11 TRUE COPY OF NOTIFICATION NO.KGD III (3)
247109/2019 DATED 18/04/2023 ISSUED BY THE 2ND
RESPONDENT
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Annexure A12 TRUE COPY OF PROBABILITY LIST ISSUED AS PER
NOTIFICATION PL NO.01/2023/DOB DATED 9/5/2023
Exhibit P1 THE TRUE COPY OF THE APPLICATION IN O.A(EKM)
Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT DATED
5/07/2023 FILED BY THE COMMISSION
Exhibit P3 THE TRUE COPY OF THE REPLY STATEMENT DATED
15/09/2023 FILED BY THE RESPONDENT NOS. 4,5 AND 6
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 07/11/2023 IN
RESPONDENT EXHIBITS
EXHIBIT R9 (a) TRUE COPY OF THE RANKED LIST NO. 698/2024/DOB,
CAT. NO. 459/2016 CAME INTO FORCE WITH EFFECT
FROM 20.06.2024.
EXHIBIT R9 (b) TRUE COPY OF THE ORDER DATED 9.072024 IN O.A.
(EKM.) NO. 906/2024 OF THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
RESPONDENT EXHIBITS
Exhibit R1(a) TRUE COPY OF RANKED LIST NO.698/2024/DOB UNDER
CATEGORY NO.459/2016 FOR THE POST OF LOWER
DIVISION CLERK (KANNADA AND MALAYALAM KNOWING)
DATED 20.06.2024
Exhibit R1(b) TRUE COPY OF JUDGMENT DATED 04.10.2024 IN OP
(KAT) NO.342 OF 2024
Exhibit R1(c) TRUE COPY OF VALUED ANSWER SHEET OF THE 1ST
RESPONDENT FOR THE POST OF LOWER DIVISION CLERK
(KANNADA AND MALAYALAM KNOWING)
Exhibit R9 (c) TRUE COPY OF THE NOTIFICATION NO. 6/2012/DOB,
CATEGORY NO. 138/2008 DATED 06.10.2012 PUBLISHED
BY THE KERALA PUBLIC SERVICE COMMISSION.
Exhibit R(8)a TRUE COPY OF QUESTION-AND-ANSWER PAPER OF THE 8TH
RESPONDENT WITH BOOKLET SERIAL NO. 100268
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 350/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE NOTIFICATION FOR CATEGORY
NO.116/2017 DATED 30.05.2017 ISSUED BY THE
SECRETARY, KERALA PUBLIC SERVICE COMMISSION
Annexure A2 TRUE COPY OF THE PROBABILITY LIST FOR THE 16-18
POST OF LOWER DIVISION CLERK (TAMIL & MALAYALAM
KNOWING) (CAT NO.116/2017) VIDE PL NO.09/2021/DOP
DATED 03.12.2021 ISSUED BY THE DISTRICT OFFICER,
KPSC, PALAKKAD DISTRICT
AnnexureA 3 TRUE COPY OF THE RANKED LIST FOR THE POST OF 19 -
24 LOWER DIVISION CLERK (TAMIL & MALAYALAM
KNOWING) (CAT NO.116/2017) VIDE NO.110/2022/DOP
DATED 25.02.2022
Annexure A4 TRUE COPY OF THE ADVICE MEMO OF THE APPLICANT
VIDE NO.PIV(1)3995/16(3(4)) DATED 04.04.2022 FROM
THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE
COMMISSION, DISTRICT OFFICE, PALAKKAD
Annexure A5 TRUE COPY OF THE PROCEEDINGS OF THE
ADMINISTRATIVE ASSISTANT IN THE DEPUTY
DIRECTORATE OF EDUCATION, PALAKKAD VIDE
NO.DDEPKD/1648/2022-A6 DATED 06.05.2022
Annexure A6 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION
VIDE NO.P «V(2)01/2020-I DATED 20.10.2023 ISSUED
BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT
OFFICE, PALAKKAD
Annexure A7 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE
APPLICANT BY THE KERALA PUBLIC SERVICE
COMMISSION, _ DISTRICT OFFICE, PALAKKAD VIDE NO.P
TV(1)3995/2016/3(3) DATED 14.11.2023
Annexure A8 TRUE COPY OF THE LETTER OF THE APPLICANT
ADDRESSING THE DISTRICT OFFICER, KERALA PUBLIC
SERVICE COMMISSION, PALAKKAD DATED 25.11.2023
Annexure A9 TRUE COPY OF THE INTERIM ORDER IN
OP(KAT)NO.145/2023 DATED 29.03.2023
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Exhibit P1 TRUE COPY OF THE O.A(EKM) 1923/2023
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 1923/2023 DATED
26.07.2024
Exhibit P4 TRUE COPY OF THE JUDGEMENT BY THE APEX COURT IN
STATE OF UP VS KARUNESH KUMAR AND ORS, 2022
LIVELAW (SC) 1035=2022 SCC ONLINE SC 1707
Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF MODIFIED
EXAMINATION PROGRAMME FOR THE MONTH OF OCTOBER
Exhibit P6 TRUE COPY OF THE QUESTION PAPER OBTAINED BY THE
PETITIONER
Exhibit P7 TRUE COPY OF THE NOTE REGARDING THE VACANCIES TO
BE REPORTED IN PALAKKAD DISTRICT LDC (TAMIL &
MALAYALAM KNOWING)
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 402/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF NOTIFICATION DATED 30.05.2017
(CATEGORY NO.116/2017) ISSUED BY THE 1ST
RESPONDENT.
Annexure A2 TRUE COPY OF NOTIFICATION NO.PL.NO.09/2021/DOP
DATED 03.12.2021 (CATEGORY NO.116/2017) ISSUED BY
THE 2ND RESPONDENT.
Annexure A3 TRUE COPY OF THE NOTIFICATION RANKED LIST:
110/2022/DOP DATED 25.02.2022 ISSUED BY THE 2ND
RESPONDENT.
Annexure A4 TRUE COPY OF THE PROCEEDINGS NO.PIV(1)3995/16(6)
DATED 04.04.2022 ISSUED BY THE 2ND RESPONDENT.
Annexure A5 TRUE COPY OF THE APPOINTMENT ORDER
NO.SCDD/12560/2021-A2(ESTT A) DATED 21.04.2022
ISSUED BY THE SENIOR ADMINISTRATIVE OFFICER,
SCHEDULED CASTE DEVELOPMENT DEPARTMENT TO THE
APPLICANT.
Annexure A6 TRUE COPY OF THE ORDER NO.E.6959/22(1) DATED
27.04.2022 ISSUED BY THE DISTRICT DEVELOPMENT
OFFICER FOR SCHEDULED CASTE, PALAKKAD.
Annexure A7 TRUE COPY OF THE ERRATUM NOTIFICATION NO. PVI(2)
1/20 DATED 28.01.2023 ISSUED BY THE 2ND
RESPONDENT.
Annexure A8 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION
NO.PVI(2) 1/20-1 DATED 01.02.2023 ISSUED BY THE
2ND RESPONDENT.
Annexure A9 TRUE COPY OF ORDER DATED 30-3-2023 IN
OP(KAT)NO.147/23 OF THE HON'BLE HIGH COURT OF
KERALA.
Annexure A10 TRUE COPY OF THE SHOW CAUSE NOTICE
NO.PVI(2)01/2020-36 DATED 7-7-2023 ISSUED BY THE
2ND RESPONDENT ALONG WITH TYPED COPY
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Annexure A11 TRUE COPY OF THE UNDATED REPLY SUBMITTED BY THE
APPLICANT BEFORE THE 2ND RESPONDENT.
Annexure A12 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION
NO.PVI(2)01/2020-1DATED 20-10-2023 ISSUED BY THE
2ND RESPONDENT.
Annexure A13 TRUE COPY OF ORDER DATED 24-1- 2023 OF THIS
HON'BLE TRIBUNAL OA(EKM)NO.251/22.
Annexure A14 TRUE COPY OF ORDER NO.PVI(2)01/ 2020-37 DATED 28-
10-2023 ISSUED BY THE 2ND RESPONDENT.
Exhibit P1 THE TRUE COPY OF THE APPLICATION IN OA (EKM) NO.
259/2023 FILED IN KERALA ADMINISTATIVE
TRIBULAL,ERNAKULAM BENCH
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 259/2023 DATED
26.07.2024
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 407/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF NOTIFICATION ISSUED BY THE 1ST
RESPONDENT IN EXTRAORDINARY GAZETTE DATED
30.05.2017 CATEGORY NO. 116/2017
Annexure A2 A TRUE COPY OF FIRST PAGE OF THE SSLC BOOK OF THE
APPLICANT DATED 10/06/2005
Annexure A3 A TRUE COPY OF THE COMMUNITY CERTIFICATE NO. TN-
5201910181469 DATED 29.10.2019 ISSUED BY THE
ZONAL DEPUTY TAHSILDAR
Annexure A4 A TRUE COPY OF THE NOTIFICATION CAT. NO. 116/2017
PL.NO.09/2021/DOP DATED 3..12..2021 ISSUED BY 3RD
RESPONDENT.
Annexure A5 A TRUE COPY OF THE NOTIFICATION CAT. NO. 116/2017
RANKED LIST NO. 110/2022/DOP DATED 25/2/2022
ISSUED BY THE THIRD RESPONDENT
Annexure A6 A TRUE COPY OF THE ADVICE MEMO NO.PIV (1)
3995/16(5)(9) DATED 4.4.2022 ISSUED BY THE 3RD
RESPONDENT
Annexure A7 A TRUE COPY OF THE ORDER NO. E4-9893/2019 DATED
12.5.2022 ISSUED BY THE 4TH RESPONDENT.
Annexure A8 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. PIV
(1)3995/2016/3(2) DATED 14.11.2023 ISSUED BY 3RD
RESPONDENT
Annexure A9 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE
APPLICANT TO THE 3RD RESPONDENT DATED 27.11.2023
Annexure A10 A TRUE COPY OF THE LETTER NO.P IV 39-40.
(1)3995/2016/3(2) ISSUED BY THE 3RD RESPONDENT
DATED 1.2.2024
Annexure A11 A TRUE COPY OF THE NOTIFICATION CAT. NO. 116/2017
RANKED LIST NO. 110/2022/DOP DATED 25.2.2022
ISSUED BY THE 3RD RESPONDENT
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Exhibit P1 TRUE COPY OF THE O.A(EKM) 249/2024
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 249/2024 DATED
26.07.2024
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 408/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE NOTIFICATION FOR CATEGORY
NO.116/2017 DATED 30.05.2017 ISSUED BY THE
SECRETARY, KERALA PUBLIC SERVICE COMMISSION
Annexure A2 TRUE COPY OF THE PROBABILITY LIST FOR THE 16-18
POST OF LOWER DIVISION CLERK (TAMIL & MALAYALAM
KNOWING) (CAT NO.116/2017) VIDE PL NO.09/2021/DOP
DATED 03.12.2021 ISSUED BY THE DISTRICT OFFICER,
KPSC, PALAKKAD DISTRICT
Annexure A3 TRUE COPY OF THE RANKED LIST FOR THE POST OF 19 -
24 LOWER DIVISION CLERK (TAMIL & MALAYALAM
KNOWING) (CAT NO.116/2017) VIDE NO.110/2022/DOP
DATED 25.02.2022
Annexure A4 TRUE COPY OF THE ADVICE MEMO OF THE APPLICANT
VIDE NO.PIV(1)3995/16(3(4)) DATED 04.04.2022 FROM
THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE
COMMISSION, DISTRICT OFFICE, PALAKKAD
Annexure A5 TRUE COPY OF THE PROCEEDINGS OF THE
ADMINISTRATIVE ASSISTANT IN THE DEPUTY
DIRECTORATE OF EDUCATION, PALAKKAD VIDE
NO.DDEPKD/1648/2022-A6 DATED 06.05.2022
Annexure A6 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION
VIDE NO.P «V(2)01/2020-I DATED 20.10.2023 ISSUED
BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT
OFFICE, PALAKKAD
Annexure A7 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE
APPLICANT BY THE KERALA PUBLIC SERVICE
COMMISSION, _ DISTRICT OFFICE, PALAKKAD VIDE NO.P
TV(1)3995/2016/3(3) DATED 14.11.2023
Annexure A8 TRUE COPY OF THE LETTER OF THE APPLICANT
ADDRESSING THE DISTRICT OFFICER, KERALA PUBLIC
SERVICE COMMISSION, PALAKKAD DATED 25.11.2023
Annexure A9 TRUE COPY OF THE INTERIM ORDER IN
OP(KAT)NO.145/2023 DATED 29.03.2023
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Exhibit P1 TRUE COPY OF THE O.A(EKM) 1923/2023
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 1923/2023 DATED 26.07
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 411/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF NOTIFICATION ISSUED BY THE 2ND
RESPONDENT IN GAZETTE OF KERALA CATEGORY NO.
116/2017 DATED 30.5.2017
Annexure A2 A TRUE COPY OF THE RELEVANT PAGES OF THE SHORT
LIST NO 08/2020/DOP [NOTIFICATION ] DATED
20.8.2020 ISSUED BY THE 3RD RESPONDENT FOR
Annexure A3 A TRUE COPY OF THE NOTIFICATION /PROBABILITY LIST
NO. 09/2021/DPOP DATED 3.12.2021 ISSUED BY THE
3RD RESPONDENT
Annexure A4 A TRUE COPY OF RANKED LIST NO 110/2022/DOP DATED
25/2/2022 FOR CATEGORY NO 116/2017 ISSUED BY THE
THIRD RESPONDENT
Annexure A5 A TRUE COPY OF ADVICE MEMO NO. PIV(1)3995/16(1)
DATED 24.6.2022 ISSUED BY THE THIRD RESPONDENT TO
THE FIRST APPLICANT
Annexure A6 A TRUE COPY OF ADVICE MEMO NO.PIV(1)3995/16(5(1)
DATED 4.4.2022 ISSUED BY THE THIRD RESPONDENT TO
THE SECOND APPLICANT
Annexure A7 A TRUE COPY OF ADVICE MEMO NO. PIV(1)3995/16(5(7)
DATED 4.4.2022 ISSUED BY THE THIRD RESPONDENT TO
THE THIRD APPLICANT
Annexure A8 A TRUE COPY OF ORDER NO. DDEPKD/1648/2022-A6
DATED 27.7.2022 ISSUED BY 4TH RESPONDENT TO THE
FIRST APPLICANT
Annexure A9 A TRUE COPY OF THE ORDER NO.E4-9893/2019 DATED
12.5.2022 ISSUED BY FIFTH RESPONDENT TO SECOND
AND THIRD APPLICANTS.
Annexure A10 A TRUE COPY OF ORDER NO. 5.1/2022 DATED 19.5.2022
ISSUED BY CRPF TO THE SECOND APPLICANT
Annexure A11 A TRUE COPY OF ADDENDUM/ERRATUM NOTIFICATION NO.
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
PVI(2) 1/20-1 DATED 1.2.2023 ISSUED BY THE THIRD
RESPONDENT
Annexure A12 A TRUE COPY OF ORDER OF THIS HON'BLE TRIBUNAL IN
OA (EKM) 222/2023 DATED 1.2.2023.
Annexure A13 A TRUE COPY OF ADDENDUM/ERRATUM NOTIFICATION
NO.PVI(2)01/2020-1 DATED 20.10.2023 ISSUED BY THE
3RD RESPONDENT RELEVANT PAGES ONLY
Annexure A14 A TRUE COPY OF LETTER NO. PVI(2) 01/2020-4 DATED
28.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE
FIRST APPLICANT
Annexure A15 A TRUE COPY THE LETTER NO. PVI(2) 01/2020-32
DATED 28.10.2023 ISSUED BY THE 3RD RESPONDENT TO
THE 2ND APPLICANT
Annexure A16 A TRUE COPY OF LETTER NO. PVI(2) 49 01/2020-17
DATED 28.10.2023 ISSUED BY THE 3RD RESPONDENT TO
THE 3RD APPLICANT
Exhibit P1 TRUE COPY OF THE APPLICATION ON OA(EKM) NO.
253/2023 OF THE KERALA ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH ALONG WITH ANNEXURES
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
IN O.A 253/2023 DATED 29-11-2023
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 253/2023 DATED
26.07.2024
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 412/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE NOTIFICATION FOR CATEGORY NO.
116/2017 DATED 30.05.2017 ISSUED BY THE 3RD
RESPONDENT
Annexure A2 TRUE COPY OF THE THE NOTIFICATION NO. 08/2020DOP
CAT. NO. 116/2017 DATED 20.08.2020 ISSUED BY THE
4TH RESPONDENT
Annexure A3 TRUE COPY OF THE NOTIFICATION NO. 09/2021/DOP
CAT. NO. 116/2017 DATED 03.12.2021 ISSUED BY THE
4TH RESPONDENT.
Annexure A4 TRUE COPY OF THE RANKED LIST NO 110/2022/DOP, CAT
NO. 116/2017 DATED 25.02.2022 FOR THE POST OF
LOWER DIVISION CLERK (TAMIL AND MALAYALAM
KNOWING)
Annexure A5 TRUE COPY OF THE ORDER NO. E4-9893/2019 DATED
12.05.2022 ISSUED BY THE 2ND RESPONDENT
Annexure A6 TRUE COPY OF THE EXAMINATION RESULT OF THE
DEPARTMENTAL TEST OF THE 1ST APPLICANT ISSUED BY
THE 3RD RESPONDENT
Annexure A7 TRUE COPY OF THE ERRATUM NOTIFICATION NO. PVI(2)
1/20 DATED 28.01.2023 ISSUED BY THE 4TH
RESPONDENT
Annexure A8 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION
DATED 01.02.2023 ISSUED BY THE 4TH RESPONDENT
Annexure A9 TRUE COPY OF THE INTERIM ORDER DATED 03.04.2023
IN OP(KAT) NO. 138 OF 2023 PASSED BY THE
HONOURABLE HIGH COURT OF KERALA.
Annexure A10 TRUE COPY OF THE SHOW CAUSE NOTICE NO. PVI(2)
01/2020-37 DATED -07.07.2023 ISSUED BY THE 4TH
RESPONDENT TO THE 1 APPLICANT.
Annexure A11 TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED
18.07.2023 SUBMITTED BY THE 1 APPLICANT BEFORE
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
THE 4TH RESPONDENT.
Annexure A12 TRUE COPY OF THE ADDENDUM/ERRATUM NOTIFICATION
NO. PVI(2) 01/2020-1 DATED 20.10.2023 ISSUED BY
THE 4TH RESPONDENT.
Annexure A13 TRUE COPY OF THE ORDER NO. PVI(2) 01/2020-38
DATED 28.10.2023 ISSUED BY THE 4TH RESPONDENT.
Exhibit P1 TRUE COPY OF THE O.A(EKM) 268/2023
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 268/2023 DATED
26.07.2024
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 428/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE NOTIFICATION DATED 30.05.2017
IN CATEGORY NO. 116/2017 ISSUED BY SECRETARY,
KERALA PUBLIC SERVICE COMMISSION FOR APPOINTMENT
TO THE POST OF LOWER DIVISION CLERK (TAMIL &
MALAYALAM KNOWING)
Annexure A2 A TRUE COPY OF THE SECOND NCA NOTIFICATION DATED
10.04.2019 IN CATEGORY NO. 48/2019 FOR
APPOINTMENT OF CANDIDATES FROM DHEEVARA COMMUNITY
TO THE POST OF LOWER DIVISION CLERK (TAMIL &
MALAYALAM KNOWING) ISSUED BY SECRETARY KERALA
PUBLIC SERVICE COMMISSION.
Annexure A3 A TRUE COPY OF THE PROBABILITY LIST
NO.09/2021/DOP DATED 03.12.2021 IN CATEGORY NO.
116/2017 ISSUED BY PALAKKAD DISTRICT OFFICER OF
KERALA PUBLIC SERVICE COMMISSION FOR APPOINTMENT
TO THE POST OF LOWER DIVISION CLERK (TAMIL &
MALAYALAM KNOWING)
Annexure A4 A TRUE COPY OF THE PROBABILITY LIST
NO.08/2021/DOP DATED 03.12.2021 IN CATEGORY
NO.048/2019 ISSUED BY PALAKKAD DISTRICT OFFICER
OF KERALA PUBLIC SERVICE COMMISSION FOR
APPOINTMENT TO THE POST OF LOWER DIVISION CLERK
(TAMIL & MALAYALAM KNOWING) FROM DHEEVARA
COMMUNITY
Annexure A5 A TRUE COPY OF THE RANK LIST NO.59/22/DOP DATED
29.01.2022 IN CATEGORY NO.048/2019 ISSUED BY
PALAKKAD DISTRICT OFFICER OF KERALA PUBLIC
SERVICE COMMISSION FOR APPOINTMENT TO THE POST OF
LOWER DIVISION CLERK (TAMIL & MALAYALAM KNOWING)
Annexure A6 A TRUE COPY OF THE RANK LIST NO. 110/2022/DOP
DATED 25.02.2022 IN CATEGORY NO. 116/2017 ISSUED
BY PALAKKAD DISTRICT OFFICER OF KERALA PUBLIC
SERVICE COMMISSION FOR APPOINTMENT TO THE POST OF
LOWER DIVISION CLERK (TAMIL & MALAYALAM KNOWING)
Annexure A7 A TRUE COPY OF THE ADVICE NO. P IV(1) 2617/06
DATED 26.02.2022 ISSUED BY PALAKKAD DISTRICT
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
OFFICER OF KERALA PUBLIC SERVICE COMMISSION TO
THE APPLICANT
Annexure A8 A TRUE COPY OF THE APPOINTMENT ORDER NO.E4-
9893/2019 DATED 30.03.2022 ISSUED BY PANCHAYATH
DEPUTY DIRECTOR, PALAKKAD TO THE APPLICANT
Annexure A9 A TRUE COPY OF THE SHOW CAUSE NOTICE NO. P IV (1)
2617/06 DATED 16.01.2023 ISSUED BY PALAKKAD
DISTRICT OFFICER OF KERALA PUBLIC SERVICE
COMMISSION TO THE APPLICANT
Annexure A10 A TRUE COPY OF THE REQUEST DATED 23.01.2023
SUBMITTED BY APPLICANT BEFORE THE DISTRICT
OFFICER OF KERALA PUBLIC SERVICE COMMISSION AT
PALAKKAD, SEEKING SUPPLY OF DOCUMENTS
Annexure A11 A TRUE COPY OF THE APPLICATION UNDER RIGHT TO
INFORMATION ACT DATED 24.01.2023 SUBMITTED BY THE
APPLICANT BEFORE THE PUBLIC INFORMATION OFFICER
OF PALAKKAD DISTRICT OFFICE OF KERALA PUBLIC
SERVICE COMMISSION
Annexure A12 A TRUE COPY OF THE APPLICATION UNDER RIGHT TO
INFORMATION ACT DATED 24.01.2023 SUBMITTED BY THE
APPLICANT BEFORE THE PUBLIC INFORMATION OFFICER
OF KERALA PUBLIC SERVICE COMMISSION
Annexure A13 A TRUE COPY OF THE PRELIMINARY OBJECTION DATED
25.01.2023 SUBMITTED BY APPLICANT TO SHOW CAUSE
NOTICE NO. P IV (1) 2617 / 06 DATED 16.01.2023
ISSUED BY PALAKKAD DISTRICT OFFICER OF KERALA
PUBLIC SERVICE COMMISSION ALONG WITH
ACKNOWLEDGEMENT CARD
Annexure A14 A TRUE COPY OF THE JUDGMENT DATED 02.06.2023 IN
O.P. (KAT) NO. 189 OF 2023 OF THE HON'BLE HIGH
COURT OF KERALA
Annexure A15 A TRUE COPY OF DECISION NO. 7 DATED 02.03.2020
ISSUED BY KERALA PUBLIC SERVICE COMMISSION.
Annexure A16 A TRUE COPY OF NOTE NO. 149 OF FILE NOTES OF PSC.
Annexure A17 A TRUE COPY OF THE COMPLAINT DATED 20.12.2021
FILED BY THE LOST CANDIDATES AS PRODUCED IN O.A
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
(EKM) NO.251 OF 2022 OF THIS TRIBUNAL AS ANNEXURE
A3.
Annexure A18 A TRUE COPY OF THE RELEVANT EXTRACT OF O.A (EKM)
NO.251 OF 2022 DATED 01.02.2022 FILED BEFORE THIS
TRIBUNAL BY THE APPLICANTS THEREIN
Annexure A19 A TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF RESPONDENT NO.1-4 IN O.A.(EKM) NO.251
OF 2022 DATED 15.03.2022
Annexure A20 A TRUE COPY OF THE RTI REPLY NO. IDS II-
(2)/1411/2023/GW DATED 18.04.2023 ISSUED TO THE
APPLICANT BY UNDER SECRETARY. (RIGHT TO
INFORMATION ACT SERVICE COMMISSION KERALA PUBLIC)
Annexure A21 A TRUE COPY OF THE DECISION NO. 44 DATED
07.11.2022 IN FILE NO.DSE (III) 15/21/EW OF
KERALA PUBLIC SERVICE COMMISSION
Annexure A22 A TRUE COPY OF THE REPRESENTATION DATED
20.01.2023 FILED BY MR. ROBERT BENNY B., BEFORE
THE DISTRICT OFFICER OF KERALA PUBLIC SERVICE
COMMISSION
Annexure A23 A TRUE COPY OF THE ORDER DATED 24.01.2023 IN Ο.Α
(ΕΚΜ) NO.251 OF 2022 OF THIS HON'BLE TRIBUNAL
Annexure A24 A TRUE COPY OF THE OBJECTION DATED 07.08.2023
SUBMITTED BY THE APPLICANT BEFORE THE PALAKKAD
DISTRICT OFFICE OF KERALA PUBLIC SERVICE
COMMISSION
Annexure A25 A TRUE COPY OF THE ORDER DATED 29.11.2023 IN
R.A.(EKM) NO. 27 OF 2023 IN O.A (EKM) NO.251 OF
Annexure A26 A TRUE COPY OF THE ERRATUM NOTIFICATION BY
NO.PVI(1) 15/2020 DATED 06.01.2024 ISSUED BY THE
3RD RESPONDENT
Annexure A27 A TRUE COPY OF THE NOTIFICATION BY NO. PVI(1)
15/2020 DATED 22.01.2024 ISSUED BY THE 3RD
RESPONDENT
Annexure A28 A TRUE COPY OF THE FILE NO.P IV(1)2617/06(1)
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
DATED 12.01.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P1 THE TRUE COPY OF THE APPLICATION IN O.A(EKM) NO.
222/2023 ALONG WITH ANNEXURES
Exhibit P2 THE TRUE COPY OF T:HE REPLY STATEMENT DATED
18/06/2024 FILED BY THE COMMISSION
Exhibit P3 THE TRUE COPY OF THE ORDER DATED 26/07/2024 IN
RESPONDENT EXHIBITS
Exhibit R(a) A TRUE COPY OF ANSWER SHEET OF LDC TAMIL AND
MALAYALAM KNOWING OF APPLICANT WITH BARCODE
NO.34200323
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 432/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE NOTIFICATION DATED 30.05.2017
IN CATEGORY NO. 116/2017 ISSUED BY SECRETARY,
KERALA PUBLIC SERVICE COMMISSION FOR APPOINTMENT
TO THE POST OF LOWER DIVISION CLERK (TAMIL &
MALAYALAM KNOWING)
Annexure A2 A TRUE COPY OF DECISION NO.2 DATED 07.12.2020
WITH FILE NO.DR1-1/50046/2018-KPSC OF 1ST
RESPONDENT
Annexure A3 A TRUE PHOTOCOPY OF THE PROBABILITY LIST
NO.09/2021/DOP DATED 03.12.2021 IN CATEGORY NO.
116/2017 ISSUED BY PALAKKAD DISTRICT OFFICER OF
KERALA PUBLIC SERVICE COMMISSION FOR APPOINTMENT
TO THE POST OF LOWER DIVISION CLERK (TAMIL &
MALAYALAM KNOWING)
Annexure A4 A TRUE COPY OF THE COMPLAINT DATED 20.12.2021
FILED BY THE LOST CANDIDATES AS PRODUCED IN 0.A
(EKM) NO.251 OF 2022 OF THIS TRIBUNAL AS ANNEXURE
A3
Annexure A5 A TRUE COPY OF THE RELEVANT EXTRACT OF O.A (EKM)
NO.251 OF 2022 DATED 01.02.2022 FILED BEFORE THIS
TRIBUNAL BY THE APPLICANTS THEREIN
Annexure A6 A TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE
RANK LIST NO. 110/2022/DOP DATED 25.02.2022 IN
CATEGORY NO. 116/2017 ISSUED BY PALAKKAD DISTRICT
OFFICER OF KERALA PUBLIC SERVICE COMMISSION FOR
APPOINTMENT TO THE POST OF LOWER DIVISION CLERK
(TAMIL & MALAYALAM KNOWING)
Annexure A7 A TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF RESPONDENT NO.1-4 IN O.A.(EKM) NO.251
OF 71-84 2022 DATED 15.03.2022
Annexure A8 A TRUE COPY OF ADVICE NO. P IV(1)3995/ 16[2(3)]
DATED 04.04.2022 ISSUED BY 3RD RESPONDENT
Annexure A9 A TRUE COPY OF APPOINTMENT ORDER NO. E3-7138/2021
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
DATED 05.05.2022 ISSUED BY PRINCIPAL AGRICULTURAL
OFFICER, PALAKKAD
Annexure A10 A TRUE COPY OF THE RTI REPLY NO. IDS II-
(2)/1411/2023/GW DATED 18.04.2023 ISSUED TO
SMT.SAJAYA BY THE APPELLATE AUTHORITY (RIGHT TO
INFORMATION ACT) & JOINT SECRETARY ADVICE
(LITIGATION), KERALA PUBLIC SERVICE COMMISSION
Annexure A11 A TRUE COPY OF THE DECISION NO. 44 DATED
07.11.2022 IN FILE NO.DSE (III) 15/21/EW OF
KERALA PUBLIC SERVICE COMMISSION
Annexure A12 A TRUE COPY OF THE REPRESENTATION DATED
20.01.2023 FILED BY MR. ROBERT BENNY B., BEFORE
THE DISTRICT OFFICER OF KERALA PUBLIC SERVICE
COMMISSION
Annexure A13 A TRUE COPY OF THE ORDER DATED 24.01.2023 IN O.A
(EKM) NO. 251 OF 2022 OF THIS HON'BLE TRIBUNAL
Annexure A14 A TRUE COPY OF ADDENDUM/ERRATUM NOTIFICATION BY
NO.PVI(2)1/20-1 DATED 01.02.2023 ISSUED BY THE
3RD RESPONDENT
Annexure A15 A TRUE COPY OF ADDENDUM/ERRATUM NOTIFICATION BY
NO.PVI (2) 01/2020-1 IN CATEGORY NO.116/2017
DATED 20.10.2023 ALONG WITH THE MODIFIED RANK
LIST ISSUED BY THE 3RD RESPONDENT
Annexure A16 A TRUE COPY OF SHOW CAUSE NOTICE BY NO. P IV (1)
3995/2016/2(2) DATED 14.11.2023 ISSUED BY THE 3RD
RESPONDENT
Annexure A17 A TRUE COPY OF THE ORDER DATED 29.11.2023 IN
R.A.(EKM) NO. 27 OF 2023 IN OA( EKM) PASSED BY
THIS HON'BLE TRIBUNAL
Annexure A18 A TRUE COPY OF THE OBJECTION DATED 01.12.2023
SUBMITTED BY THE APPLICANT BEFORE THE 3RD
RESPONDENT
Annexure A19 A TRUE COPY OF THE CONFIRMATION ORDER BEARING
FILE NO.P IV(1)3995/2016/2(2) DATED 01.02.2024
ISSUED BY THE 3RD RESPONDENT TO THE APPLICANT,
WHICH WAS RECEIVED BY THE APPLICANT ON 22.01.2024
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
Annexure A20 A TRUE COPY OF THE JUDGMENT DATED 02.06.2023 IN
O.P. (KAT) NO. 189 OF 2023 OF THE HONORABLE 153-
165 HIGH COURT OF KERALA
Exhibit P1 TRUE COPY OF THE O.A(EKM) 569/2024
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PSC
Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE
TRIBUNAL IN O.A.(EKM) NO. 569/2024 DATED
26.07.2024
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
APPENDIX OF OP(KAT) 553/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE NOTIFICATION DATED 30.12.2016
FOR THE POST OF LOWER DIVISION CLERK (KANNADA &
MALAYALAM KNOWING) IN KASARGODE DISTRICT AS PER
CATEGORY NO.459/2016.
Annexure A2 TRUE COPY OF THE ORDER DATED 15.01.2020 IN
O.A(EKM)NO.2072/2019.
Annexure A3 TRUE COPY OF ADMISSION TICKET ISSUED TO THE 1ST
APPLICANT BY THE PS C
Annexure A4 TRUE COPY OF THE SHORT LIST PL NO.12/2021/DOB
DATED 21.12.2021 ISSUED BY THE 1ST RESPONDENT
Annexure A5 TRUE COPY OF THE NOTES IN FILE NO.
DCKSGD/28/2019-M2 OF THE DISTRICT COLLECTOR,
KASARGODE.
Annexure A6 TRUE COPY OF THE RTI APPLICATION DATED 30.11.2020
SUBMITTED BY THE 1ST APPLICANT
Annexure A6(a) TRUE COPY OF THE REPLY LETTER NO. DDP-
KSTDD/2273/2020-SC4 DATED 28.12.2020 ISSUED BY
THE STATE PUBLIC INFORMATION OFFICER, OFFICE OF
THE DEPUTY DIRECTOR OF PANCHAYATS, KASARGODE
Annexure A7 TRUE COPY OF ADMISSION CARD ISSUED IN FAVOUR OF
ONE SHAKILA K.
Annexure A8 TRUE COPY OF NOTIFICATION ISSUED BY THE 1ST
RESPONDENT DATED 12.04.2016 FOR THE POST OF
ASSISTANT (KANNADA KNOWING) CATEGORY NO.46/2016.
Annexure A9 TRUE COPY OF THE ORDER DATED 01.11.2022 IN
Annexure A10 TRUE COPY OF THE ORDER DATED 11.01.2023 IN
O.P(KAT)NO.8 OF 2023
Annexure A11 TRUE COPY OF THE NOTIFICATION NO. KGD
III(3)247109/2019 DATED 18.04.2023 ISSUED BY THE
O.P.(KAT).Nos.553/2023, 402/2024 and conn.cases
2025:KER:16016
2 ND RESPONDENT
Annexure A12 TRUE COPY OF THE PROBABILITY LIST ISSUED AS PER
NOTIFICATION PL NO.01/2023/DOB DATED 09.05.2023
M.A TO JOIN TOGETHER
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE OA
(EKM)NO.762/2023 ALONG WITH ITS ANNEXURES
Exhibit P2 TRUE COPY OF THE ORDER DATED 07.11.2022 IN
Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED BY RESPONDENTS
4, 5 AND 6 IN O.A(EKM)NO.762/2023
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED BY
RESPONDENTS 1 AND 2 IN O.A.(EKM)NO.762/2023
Exhibit P5 TRUE COPY OF THE M.A(EKM)NO.1214/2023 IN
O.A.(EKM)NO.762/2023 FILED BY THE APPLICANTS
HEREIN.
Exhibit P6 TRUE COPY OF THE M.A(EKM)NO.1790/2023 IN
O.A(EKM)NO.762/2023 FILED BY THE APPLICANTS IN
O.A(EKM)762/2023
Exhibit P7 TRUE COPY OF THE COMMON JUDGMENT IN OP(KAT)
433/22 AND OP(KAT)8/23.
Exhibit P8 TRUE COPY OF THE JUDGMENT BY THE APEX COURT IN
STATE OF UP VS. KARUNESH KUMAR AND ORS , 2022
LIVELAW (SC) 1035= 2022 SCC ONLINE SC 1706.
Exhibit P9 A TRUE COPY OF THE RANKED LIST NO. 698/2024/DOB
FOR THE POST OF LOWER DIVISION CLERK(KANNADA AND
MALAYALAM KNOWING) PART I (DIRECT RECRUITMENT IN
VARIOUS DEPARTMENTS IN KASARGODE DISTRICT DATED
20.06.2024 ISSUED BY THE PSC .
Exhibit P10 A TRUE COPY OF INTERIM ORDER DATED 09.07.2024 IN
