Supreme Court - Daily Orders
Padmanabhan T.P. vs Kerala Public Service Commission on 28 July, 2021
Bench: Uday Umesh Lalit, Ajay Rastogi
1
ITEM NO.6 COURT NO.3 SECTION XI-A
(HEARING THROUGH VIDEO CONFERENCING)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.11130/2021
(Arising out of impugned final judgment and order dated 16-07-2021
in OPKAT No.116/2021 passed by the High Court Of Kerala At
Ernakulam)
PADMANABHAN T.P. Petitioner(s)
VERSUS
KERALA PUBLIC SERVICE COMMISSION & ORS. Respondent(s)
(FOR ADMISSION and I.R.; and, IA No.85509/2021 – FOR EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 28-07-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE AJAY RASTOGI
For Petitioner(s) Mr. Govindam Manoharan, Adv.
Mr. A. Karthik, AOR
Mr. Lijin Thamban, Adv.
Ms. Sreepriya K., Adv.
Ms. Smrithi Suresh, Adv.
For Respondent(s) Mr. Vipin Nair, AOR
UPON hearing the counsel the Court made the following
O R D E R
The petitioner who is presently working as Attendant in Government Veterinary Dispensary Chemperi, Kannur, Kerala, was desirous of appearing at the Written Examination conducted by the Kerala Public Service Commission (“the Commission” for short) for Signature Not Verified selection to the post of Livestock Inspector Gr.II/Poultry Digitally signed by Dr. Mukesh Nasa Date: 2021.07.28 17:43:52 IST Reason: Assistant/Milk Recorder/Store Keeper/Enumerator. 2 His candidature and entitlement for the Examination having been disputed, Original Application bearing OA(EKM) No.587 of 2021 was filed in Kerala Administrative Tribunal, Thiruvananthapuram, Kerala. The petitioner prayed for interim directions allowing him to appear in the Examination submitting inter alia that this would be his last chance to appear in the Examination.
The interim relief as prayed for having been rejected, OP (KAT) No.116 of 2021 was preferred in the High Court of Kerala at Ernakulam.
Initially, by order dated 11.06.2021, the High Court granted the interim relief directing the respondent to permit the petitioner to participate in the Written Examination subject to the outcome of the Original Petition. However, by subsequent order dated 16.07.2021, said OP (KAT) No.116/2021 was dismissed by the High Court. Aggrieved thereby the present Special Leave Petition has been preferred.
We have been given to understand that the Examination which was originally scheduled to be held on 11.05.2021 now stands postponed to 29.07.2021.
Issue notice, returnable on 06.08.2021.
Mr. Vipin Nair, learned Advocate appearing for the Kerala Public Service Commission accepts notice.
In the peculiar facts and circumstances when the Written Examination is to be conducted tomorrow, we direct as under:
a. As an ad-interim measure, the petitioner shall be allowed to appear and take part in the Written Examination to be conducted tomorrow.3
b. The petitioner who comes from District Kannur shall be allowed to take part in the Written Examination from Centre at Kannur, and in case it is not possible to permit him to appear from the Examination Centre at Kannur, the concerned authority shall intimate him by 9.00 p.m. today the exact Centre from an adjoining district where the petitioner is supposed to appear at the Examination. c. The petitioner shall be provided provisional Seat Number or Examination Number so that his Answer Sheet can be separately identified.
d. The Answer Sheet given by the petitioner shall be kept in a Sealed Parcel and shall not be touched till further orders are passed by this Court. This order shall be uploaded on website immediately and shall be sent by e-mail to the Commission on e-mail IDs provided by Mr. Vipin Nair, learned Advocate i.e. at [email protected]; and, [email protected] List this matter for further consideration on 06.08.2021. In the meantime, Mr. Vipin Nair, learned Advocate shall file an affidavit of compliance indicating that the petitioner was afforded the facility to appear in the Examination.
(MUKESH NASA) (VIRENDER SINGH)
COURT MASTER BRANCH OFFICER