Citation : 2025 Latest Caselaw 6139 Ker
Judgement Date : 22 May, 2025
2025:KER:35166
O.P. (KAT) No.122 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
OP(KAT) NO. 122 OF 2025
AGAINST THE ORDER DATED 18.07.2024 IN OA NO.293 OF
2024 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN OA:
RAJASINGH, AGED 38 YEARS, S/O BALAKRISHNAN,
RESIDING AT MALAKKAL VEEDU, AYIRA. P.O,
NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695 502
BY RAJASINGH(Party-In-Person)
RESPONDENTS/RESPONDENTS:
1 THE SECRETARY, KERALA STATE PUBLIC SERVICE
COMMISSION, PATTOM P.O, THIRUVANANTHAPURAM., PIN
- 695 004
2 CONTROLLER OF EXAMINATIONS, KERALA STATE PUBLIC
SERVICE COMMISSION, PATTOM P.O,
THIRUVANANTHAPURAM., PIN - 695 004
P.C. SASIDHARAN SC FOR KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 22.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:35166
O.P. (KAT) No.122 of 2025
2
JUDGMENT
A. Muhamed Mustaque, J.
This original petition was filed by the petitioner as
party-in-person. On the last occasion, when the matter came
before us for consideration, the petitioner was absent. Then,
the matter was adjourned to 22.05.2025. Today also the
petitioner is absent. We perused the impugned order and also
had the advantage of hearing the learned Standing Counsel for
the Kerala Public Service Commission.
The petitioner was the applicant for the post of Driver
in the Excise Department, pursuant to the notification issued by
the KPSC in the year 2021. The petitioner raised an objection in
regard to certain questions and the answers given to those
questions in the answer key. That was raised after the
publication of the ranked list on 22.11.2023. The petitioner
himself approached the Tribunal in the year 2024. It is to be
noted that preliminary objections were called for, and the
petitioner did not take any steps to challenge those steps.
2025:KER:35166
Pursuant to the finalisation of the answer key, the ranked list
was published. It appears to be an afterthought. The Court
cannot encourage such an approach from the applicant who
applied for the post pursuant to the notification. Further, this
will upset many selected candidates who have been advised.
None of them are also not party to the proceedings. We also
noted the fact findings rendered by the Tribunal after adverting
to the objection raised by the petitioner. The Tribunal negatived
the challenge. We find that there is no scope to interfere with
the order passed by the Tribunal invoking our power under
Article 227 of the Constitution of India, and accordingly, this
original petition stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
JOHNSON JOHN JUDGE PR 2025:KER:35166
APPENDIX OF OP(KAT) 122/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF NOTIFICATION FOR DRIVER IN THE EXCISE DEPARTMENT (CATEGORY NO: 405/2021) DATED 30-09-2021
Annexure A2 TRUE COPY OF NOTIFICATION FOR DRIVER- GR.
II IN THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LIMITED(CATEGORY NO:018/2022) DATED 28-02-
Annexure A3 TRUE COPY OF NOTIFICATION FOR DRIVER CUM OFFICE 2 2B ATTENDANT IN THE UNIVERSITIES IN KERALA (CATEGORY NO: 210/202) DATED 16- 06-2021
Annexure A4 TRUE COPY OF NOTIFICATION FOR CHAUFFER GR.II IN TOURISM DEPARTMENT (CATEGORY NO:367/2021) DATED 15-09-2021
Annexure A5 TRUE COPY OF THE QUESTION PAPER (CODE 087/22- M)
Annexure A6 TRUE COPY OF THE ANSWER KEY TO ANNEXURE-A5
Annexure A7 TRUE COPY OF THE APPLICATION DATED 21-09- 2022 AAI NOTICING THE WRONG ANSWERS.
Annexure A8 TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 16-12-2023 REQUESTING COPY OF OMR
Annexure A9 TRUE COPY OF THE REPLY TO ANNEXURE-A8 DATED 08-01-2024 WITH NO IDS2(2)87967/2023/GW
Annexure A10 TRUE COPY OF THE LETTER DATED 14-09-2023 ADDRESSED TO THE DISTRICT OFFICER, KPSC, ERNAKULAM DISTRICT
Annexure A11 TRUE COPY OF THE NOTICE DATED 15-09-2023 GIVEN TO THE APPLICANT BY THE DIST.OFICER PSC,ERNAKULAM WITH NO E7-(3)/1/2023-KPSC- DOEKM
Annexure A12 TRUE COPY OF RANK LIST PUBLISHED IN 2025:KER:35166
CATEGORY NO: 405/2021
Annexure A12(a) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO: 16/2022
Annexure A12(b) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO:560/2021
Annexure A12(c) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO: 018/2022
Annexure A12(d) TRUE COPY OF RANK PUBLISHED IN CATEGORY NO:024/2022
Annexure A12(e) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO: 044/2022
Annexure A12(f) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO:210/2021
Annexure A12(g) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO:111/2022
Annexure A12(h) TRUE COPY OF RANK LIST PUBLISHED IN CATEGORY NO: 367/2021
Annexure A13 TRUE SCREENSHOT OF OBJECTION RAISED THROUGH OTR PROFILE OF THE APPLICANT REGARDING WRONG ANSWERS IN ANSWER KEY
Exhibit P1 A TRUE COPY OF THE MEMORANDUM OF ORIGINAL
Exhibit P2 A TRUE COPY MISC. APPLICATION 460/2024 IN ORIGINAL APPLICATION NO.293/2024
Exhibit P3 CERTIFIED COPY OF THE ORDER IN ORIGINAL APPLICATION NO.293/2023 DATED 18-07-2024
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