Punya P.G vs Kerala Public Service Commission on 18 September, 2023

[Cites 1, Cited by 0]

Kerala High Court

Punya P.G vs Kerala Public Service Commission on 18 September, 2023

Bench: A.Muhamed Mustaque

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                    OP(KAT) NO. 251 OF 2023
 AGAINST THE ORDER DATED 05.06.2023 IN O.A.NO.814/2023 OF
    KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
                             ---------


PETITIONERS/APPLICANTS:


    1      PUNYA P.G., AGED 27 YEARS,
           D/O.PRABHAKARAN NAIR K., RESIDING AT PUTHUVAL
           PUTHEN VEEDU, KAVALAKULAM, NEYATTINKKARA P.O.,
           THIRUVANANTHAPURAM, KERALA, PIN - 695121.

    2      APARNA A NAIR, AGED 38 YEARS,
           D/O.APPUKUTTAN   NAIR P, RESIDING AT LATHA
           BHAVAN, TC 28/1118/2, SREEKANTESWARAM,
           FORT P.O., THIRUVANANTHAPURAM,
           KERALA, PIN - 695023.

    3      IRSHAD A., AGED 38 YEARS, S/O.MOHAMMED KUNHI K.,
           RESIDING AT AMBATH, BEERICHERI,
           THRIKKARPUR P.O., KASARGOD,
           KERALA, PIN - 671310.

    4      TONY JOSE, AGED 37 YEARS, S/O.JOSE KOLADY,
           RESIDING AT KANJIRAKOMBIL HOUSE, VAZHITHALA P.O.,
           THODUPPUZHA, IDUKKI, KERALA, PIN-685583.

    5      PRAGEETH P.G., AGED 38 YEARS, S/O.PRABHAKARAN
           NAIR K., RESIDING AT PUTHUVAL PUTHEN VEEDU,
           KAVALAKULAM, NEYATTINKKARA P.O.,
           THIRUVANANTHAPURAM, KERALA, PIN-695121.

           BY ADVS.
           P.SIVARAJ
           M.MEHAR FARSANA
 O.P.(KAT) No.251/2023           2




RESPONDENTS/RESPONDENTS:


     1      KERALA PUBLIC SERVICE COMMISSION,
            REPRESENTED BY ITS SECRETARY, THULASI HILLS,
            PALACE ROAD, PATTOM P.O., THIRUVANANTHAPURAM,
            KERALA, PIN - 695004.

     2      SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
            THULASI HILLS, PALACE ROAD, PATTOM P.O.,
            THIRUVANANTHAPURAM, KERALA, PIN - 695004.

            BY SRI.P.C.SASIDHARAN, STANDING COUNSEL



THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 O.P.(KAT) No.251/2023            3




                           JUDGMENT

A.Muhamed Mustaque, J.

In this matter, this Court passed an interim order on 26.06.2023. The said order reads thus:

The petitioners who were the applicants to various posts, were not allotted to write the examination by the Kerala Public Service Commission (KPSC) for the reason that they failed to affirm the confirmation for writing the exam through online mode. According to them, they did not receive any SMS or any message for submitting confirmation.

2. The learned Standing Counsel appearing for KPSC points out the conditions in the notification which clearly stipulates that such affirmation is required from the part of the candidate for the purpose of system generated hall tickets online.

3. The learned counsel for the petitioners pointed out an order passed by the Apex Court allowing one candidate in a similar matter, to write the examination.

4. It is fairly submitted by the learned Standing Counsel for KPSC that the matter was ultimately remanded to the Administrative Tribunal and the said Tribunal dismissed that challenge. As against the dismissal, an original petition is pending before this Court as O.P.(KAT) No.4/2023.

In the light of the fact that the similar matter is pending, it is appropriate that this matter is also tagged along with the above matter. In the meanwhile, the petitioners shall be permitted to write the exam provisionally. The answer sheets of O.P.(KAT) No.251/2023 4 the petitioners be kept separately in a sealed cover. All the conditions in Ext.P3 order passed by the Apex Court shall govern this matter also.

2. It is to be noted that O.P.(KAT) No.4/2023 has been disposed of by this Court on 12.07.2023 affirming the order of the Tribunal.

In the light of the above, nothing further survives in this original petition as issue in this matter is covered against the petitioners in O.P.(KAT) No.4/2023.

Therefore, the original petition stands dismissed. We make it clear that the benefit of the interim order passed in this matter will not enure to the petitioners.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE ln O.P.(KAT) No.251/2023 5 APPENDIX OF OP(KAT) NO.251/2023 PETITIONERS' ANNEXURES:

ANNEXURE A1 TRUE COPY OF RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY NO.725/2021 PUBLISHED BY THE RESPONDENT FOR SELECTION TO THE POST OF ASSISTANT PROFESSOR IN ELECTRONICS AND COMMUNICATION ENGINEERING IN THE TECHNICAL EDUCATION DEPARTMENT.

ANNEXURE A2 TRUE COPY OF RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY .NO.485/2022 PUBLISHED BY THE RESPONDENT FOR SELECTION TO THE POST OF INSPECTOR IN LEGAL METROL6GY IN THE LEGAL METROLOGY DEPARTMENT.

ANNEXURE A3 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY NO.677/2022 PUBLISHED BY THE RESPONDENT FOR SELECTION TO THE POST OF WORKSHOP INSPECTOR/DEMONSTRATOR/INSPECTOR GRADE 11 IN ELECTRONICS ENGINEERING IN THE TECHNICAL EDUCATION DEPARTMENT.

ANNEXURE A4 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY NO.679/2022 PUBLISHED BY THE RESPONDENT FOR SELECTION TO THE POST OF WORKSHOP INSPECTOR/DEMONSTRATOR/INSPECTOR GRADE 11 IN ELECTRONICS ENGINEERING IN THE TECHNICAL EDUCATION DEPARTMENT.

ANNEXURE A5 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY NO.52/2021 PUBLISHED BY THE RESPONDENT FOR SELECTION- TO THE POST OF ASSISTANT PROFESSOR IN ELECTRONICS IN THE COLLEGIATE EDUCATION DEPARTMENT.

O.P.(KAT) No.251/2023 6

ANNEXURE A6 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY NO.146/2022 PUBLISHED BY THE RESPONDENT FOR SELECTION TO THE POST OF LECTURER IN ELECTRONICS AND INSTRUMENTATION IN THE TECHNICAL EDUCATION DEPARTMENT.

ANNEXURE A7 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION IN CATEGORY NO.595/20.22 PUBLISHED BY THE RESPONDENT FOR SELECTION TO THE POST OF WOMEN POLICE CONSTABLE IN THE POLICE DEPARTMENT.

ANNEXURE A8 (A) THE TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 1ST APPLICANT IN CATEGORY NO.725/2021.

ANNEXURE A8 (B) THE TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 1ST APPLICANT IN CATEGORY NO485/2022.

ANNEXUREA8 (C) THE TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 1ST APPLICANT IN CATEGORY NO. 677/2022.

ANNEXUREA8 (D) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 1ST APPLICANT IN CATEGORY NO.679/2022.

ANNEXUREA8 (E) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE LST APPLICANT IN CATEGORY NO.146A2022.

ANNEXUREA8 (F) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE LS' APPLICANT IN CATEGORY NO.595/2022.

ANNEXUREA8 (G) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 1ST' APPLICANT IN CATEGORY NO.725/2021.

ANNEXUREA8 (H) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 2ND APPLICANT IN CATEGORY NO.146/2022.

O.P.(KAT) No.251/2023 7

ANNEXUREA8 (I) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 3RDAPPLICANT IN CATEGORY NO.725/2021.

ANNEXUREA8 (J) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 3RDAPPLICANT IN CATEGORYNONO.485/2022.

ANNEXUREA8 (K) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 3RÂ° APPLICANT IN CATEGORY NO.677/2022.

ANNEXUREA8 (L) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 3RÂ° APPLICANT IN CATEGORY NO.679/2022.

ANNEXUREA8 (M) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 3RÂ° APPLICANT IN CATEGORY NO.146/2022.

ANNEXUREA8 (N) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 4TH APPLICANT IN CATEGORY NO.725/2022.

ANNEXUREA8 (O) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 4TH APPLICANT IN CATEGORY NO. 677/2022.

ANNEXUREA8 (P) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 4TH APPLICANT IN CATEGORY NO677/2022.

ANNEXUREA8 (Q) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 4TH APPLICANT IN CATEGORY NO.679/2022.

ANNEXUREA8 (R) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 4TH APPLICANT IN CATEGORY NO 52/2021.

ANNEXUREA8 (S) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 4TH APPLICANT IN CATEGORY NO 146/2021.

O.P.(KAT) No.251/2023 8

ANNEXUREA8 (T) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 5TH APPLICANT IN CATEGORY NO 725/2021.

ANNEXUREA8 (U) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 5TH APPLICANT IN CATEGORY NO 677/2022.

ANNEXUREA8 (V) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 5TH APPLICANT IN CATEGORY NO 679/2022.

ANNEXUREA8 (W) TRUE COPY OF THE APPLICATION DETAILS SUBMITTED BY THE 5TH APPLICANT IN CATEGORY NO 146/2022.

ANNEXUREA9 TRUE COPY OF RELEVANT EXTRACT OF THE PART 11 GENERAL CONDITIONS PUBLISHED BY THE RESPONDENTS.

ANNEXURE A10 TRUE COPY OF THE INSTRUCTIONS PUBLISHED BY THE RESPONDENTS FOR SUBMITTING CONFIRMATION.

ANNEXURE A11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANTS BEFORE THE RESPONDENTS ON 18.04.2023.

ANNEXURE A12(A) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE LST APPLICANT BEFORE THE RESPONDENTS ON 22.04.2023.

ANNEXURE A12(B) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND APPLICANT BEFORE THE RESPONDENTS ON 20.04.2023.

ANNEXURE A12(C) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD APPLICANT BEFORE THE RESPONDENTS ON 22.04.2023.

ANNEXURE A12(D) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH APPLICANT BEFORE THE RESPONDENTS ON 15.04.2023.

O.P.(KAT) No.251/2023 9

ANNEXURE A12(E) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH APPLICANT BEFORE THE RESPONDENTS ON 22.04.2023.

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 05.06.2023 IN OA NO.814/2023 PASSED BY THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL (KAT), THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF ORIGINAL APPLICATION NO.814/2023 FILED BEFORE THE KAT, THIRUVANANTHAPURAM ALONG WITH ITS ANNEXURES.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 06.08.2021 IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO.11130/2021 PASSED BY THE HON'BLE SUPREME COURT.

Unlock Advanced Research with PRISMAI

Kerala High Court