Kerala High Court
Divya K.S vs Kerala Public Service Commission on 1 December, 2014
Author: Anil K.Narendran
Bench: P.R.Ramachandra Menon, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 1ST DAY OF AUGUST 2016/10TH SRAVANA, 1938
OP(KAT).No. 268 of 2015 (Z)
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AGAINST THE ORDER/JUDGMENT IN OA 2312/2014 of
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 1.12.2014
PETITIONER/PETITIONER IN O.A.:
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DIVYA K.S.
AGED 34 YEARS,
W/O.P.R.SABU,
RESIDING AT DEEPA COTTAGE ERAM,CHATHANOOR.P.O,KOLLAM-697572.
BY ADV. SRI.P.NANDAKUMAR
RESPONDENT/RESPONDENT IN O.A.:
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KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM-695004.
BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 01-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No. 268 of 2015 (Z)
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APPENDIX
PETITIONER'S EXHIBITS :-
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P1 TRUE COPY OF ORDER IN O.A.2312 OF 2014 DATED 01.12.2014.
P2 TRUE COPY OF O.A.No.2312/2014.
P3 TRUE EXTRACT OF THE RANKED LIST DATED 30.12.2014.
RESPONDENT'S EXHIBITS :- NIL
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True copy
P.A to Judge
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
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O.P.(KAT)No.268 of 2015
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Dated this the 1st day of August, 2016
JUDGMENT
Anil K.Narendran, J.
The petitioner is the applicant in O.A.No.2312/2014 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram. The said O.A. was filed seeking an order to quash Annexure.A6 and for a direction to the respondent to grant weightage mark to the petitioner on the basis of Annexure.A3 certificate while publishing rank list for the post of Non Vocational Teacher/Higher Secondary School Teacher in Chemistry.
2. The relief sought for in the O.A. was opposed by the respondent. After considering the rival contentions the Tribunal by Ext.P1 order dated 1.12.2014 dismissed the O.A.
3. Feeling aggrieved by Ext.P1 order of the Tribunal the petitioner is before this Court in this Original Petition.
4. We heard the arguments of the learned counsel for the petitioner/applicant and also the learned Standing Counsel for the Kerala Public Service Commission representing the respondent. O.P.(KAT)No.268 of 2015 2
5. The pleadings and materials on record would show that pursuant to Annexure.A1 notification issued by the PSC, the applicant submitted application for the post of Non Vocational Teacher Chemistry (Junior). Going by Annexure.A1 notification, the last date of receipt of application was on 9.2.2011. Based on the performance in the written test, the applicant was short listed and he was called for interview. By that time the Government vide order dated 30.5.2012 provided certain weightage marks to the candidate who had participated in certain items of sports and games. Claiming weightage mark as provided in Annexure.A4 the applicant made Annexure.A5 representation before the respondent, which was turned down by Annexure.A6 communication dated 10.11.2014 on the ground that as the applicant has not claimed weightage marks in her application, her request in Annexure.A5 cannot be considered. It was feeling aggrieved by Annexure.A6 the petitioner has approached the Tribunal in the said Original Application.
6. The Tribunal, after considering the rival contentions, came to the conclusion that, in the application submitted before O.P.(KAT)No.268 of 2015 3 the Commission, the applicant has not claimed any weightage mark for participation in the hockey competition. Further going by G.O.(Ms)No.129/2012/GAD dated 30.5.2012 the applicant could claim the said benefit only from 30.5.2012, which date is much after the last date prescribed in the notification for submission of application, i.e., 9.2.2011. It was in the said circumstance that the Tribunal rejected the claim made by the applicant.
7. The learned counsel for the petitioner would contend, with reference to Annexure.A4, that the weightage marks not being an essential qualification in terms of the notification, the same can be claimed even after the submission of application and before finalising the ranked list. If that be so the action of the Commission in rejecting the claim made by the applicant is per se illegal.
8. Per contra, the learned Standing Counsel for the PSC with reference to the general conditions of the notification would contend that any claim made subsequent to the application shall not be entertained under any circumstances. Further, proof O.P.(KAT)No.268 of 2015 4 submitted without proper claim in the application shall also not be considered.
9. After considering the arguments advanced by both the sides we find that Annexure.A1 notification was issued prescribing the last date of receipt of application as 9.2.2011. Going by Annexure.A4 Government Order, the benefit of weightage for participation in Hockey is available only with effect from 30.5.2012. If that be so the weightage was not available to the applicant as on the last date of submission of application. In such circumstance, the respondent cannot be found fault with in rejecting the request made by the petitioner. Therefore, we find no grounds to interfere with the reasoning of the Tribunal in Ext.P1 order.
In the result, this Original Petition fails and the same is dismissed.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE Sd/-
ANIL K.NARENDRAN, JUDGE skj