Kerala High Court
The Kerala Public Service Commission vs Malathi B.P 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
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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
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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 -:23:- 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 -:24:- 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 -:25:- 2025:KER:16016 Decision No. 2 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 -:26:- 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) No. 222/2024 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 -:27:- 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 -:28:- 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 -:29:- 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 -:30:- 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 -:31:- 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 -:32:- 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 -:33:- 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 -:34:- 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 -:35:- 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 -:36:- 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 -:37:- 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 -:38:- 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 -:39:- 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 -:40:- 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 -:41:- 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 -:42:- 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 -:43:- 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 CATEGORY NO.459/2016 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 -:44:- 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) NO.762/2023 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 O.A(EKM) NO.762/2023 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 -:45:- 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 -:46:- 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 IN O.A 268/2023 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 2020 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 -:47:- 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 -:48:- 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 IN O.A 259/2023 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 -:49:- 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 -:50:- 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 IN O.A 249/2024 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 -:51:- 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 -:52:- 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 IN O.A 268/2023 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 -:53:- 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 CATEGORY 116/2017 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 -:54:- 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 -:55:- 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 -:56:- 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 IN O.A 268/2023 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 -:57:- 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 -:58:- 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 -:59:- 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 2022 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 -:60:- 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 O.A(EKM) NO. 222/2023 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 -:61:- 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 -:62:- 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 -:63:- 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 IN O.A 569/2024 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 -:64:- 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 O.A.(EKM)NO.86/2022 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 -:65:- 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 O.A(EKM)NO.762/2023 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 O.A.(EKM)NO.906/2024