Kerala Public Service Commission vs Visakh V on 26 April, 2022

[Cites 3, Cited by 0]

Kerala High Court

Kerala Public Service Commission vs Visakh V on 26 April, 2022

The final order of the Kerala Administrative Tribunal, Thiruvananthapuram Bench rendered on 23.03.2021 in the instant original application, O.A No.1185/2019 is under challenge in the present original petition filed under Articles 226 & 227 of the Constitution of India.

2. The petitioners in the O.P are respondents 1 & 2 in the O.A. The 1st respondent in the O.P is the original applicant and R2 in the O.P is R3 in the O.A. A copy of the impugned final verdict of the Tribunal in O.A No.1185/2019 has been produced as Ext.P-9 in this O.P.

3. Heard Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for the petitioners in the O.P/R1 & R2 in the O.A, Sri.P.Nandakumar, learned counsel appearing for R1 in the O.P/original applicant and Sri.Saigi Jacob Palatty, learned O.P(KAT) No.145 of 2021 3 Senior Government Pleader appearing for R2 in the O.P/R3 in the O.A. The Kerala Public Service Commission will be referred for short as 'PSC' and R1 in the O.P shall be referred for convenience as 'the original applicant/applicant'

4. The prayers in the instant Ext.P-1 original application, O.A No.1185/2019 are as follows :

"1. Order or Direction may please be issued to the 1 st respondent to include the applicant in the ranked list to be published with community benefit as Latin Christian and to advice for appointment if his turn for recruitment arises against the vacancies reported or will be reported during the pendency the ranked list.

2. Order or Direction may please be issued to the 3 rd respondent to issue the necessary certificates to the applicant for publication in Kerala Gazette and for inclusion in the ranked list and for advice and appointment if her turn for recruitment arises against the vacancies reported or will be reported during the pendency the ranked list.

3. To issue any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice.

4. To award the cost of these proceedings."

5. The Tribunal after hearing both sides has rendered the impugned Ext.P-9 final order on 23.03.2021, finally disposing of the above O.A, whereby the main pleas in the original application has been allowed, by holding that the impugned stand of the PSC in excluding the petitioner from Annexure A-20 ranked list dated 01.07.2019, for the O.P(KAT) No.145 of 2021 4 post of Police Constable (Armed Battalion), Malappuram, is illegal and unreasonable and has accordingly directed the 1 st respondent in the O.A (PSC) to include the applicant in the said ranked list at appropriate place on the basis of the marks secured by him. The Tribunal has also noted in para.16 of Ext.P- 9 order that the earlier interim order was passed by the Tribunal in the above O.A on 06.05.2020, whereby one post of Police Constable was directed to be kept unadvised and hence, the competent authority among respondents 1 & 2 (PSC authorities) was directed to advise the applicant against the said vacancy as and when his turn arises and that orders in compliance with the above direction shall be issued by the said authority within two months, etc. The R1 in the O.P/original applicant has filed a counter affidavit dated 15.07.2021 in this O.P, wherein 8 documents have been produced therewith viz., Exts.R1(a) to R1 (h).

6. Reference to the factual details of this case would be relevant.

The PSC had earlier published Ext.R1(a) selection notification dated 30.12.2017 inviting application from eligible candidates for selection to the post of Civil Police Officer (Police Constable) O.P(KAT) No.145 of 2021 5 (Armed Police Battalion), Malappuram and the category No.657/2017 and the last date of submission of application was 31.01.2018. It is pointed out that the grandparents/forefathers of the applicant belong to Nadar community and later they had accepted the Latin Catholic denomination of Christianity. Ext.P-10 is the copy of the relevant pages of the SSLC book of the applicant, in which his religion and caste are shown as Christian-Nadar. The Latin Catholic community is one of the notified backward communities. So also, SIUC Nadar is also another notified backward community. However, SIUC Nadar benefit, which is available only to such Nadars, who belong to the protestant denomination of Christianity, viz., the erstwhile South India United Church (SIUC), which was subsequently re-nomenclatured as the Church of South India (CSI). Suffice to say, the Latin Catholic and SIUC Nadar are two separately notified backward community as per the Rules of Reservation invoked in the State. What has been stated in Ext.P-9 SSLC certificate of the applicant is that he belongs to Christian Nadar and not that he belongs to SIUC Nadar. The fact as to whether the applicant belongs to the Latin Catholic denomination or whether he belongs to the protestant denomination of Nadars or SIUC, O.P(KAT) No.145 of 2021 6 is not stated in Ext.P-9. The religion of the applicant is shown as Christianity, without specifying the denomination as above. It is the specific case of the applicant that he belongs to the Latin Catholic Christian community, which is eligible for reservation. As per Ext.R1(b) profile of the applicant registered in the official website of the PSC, it is clearly shown that he belongs to Latin Catholic-Christian community. Annexure A-2 to Annexure A-6 are the Non-Creamy Layer (NCL) certificates issued by the competent authorities in favour of the applicant, showing that he belongs to the backward class of Latin Catholic and is also entitled for non-creamy layer status. Further, it appears that the applicant had applied for selection to various posts notified by the PSC, claiming reservation benefit of Latin Catholic- Christian community, on the basis of Annexures A-2 to A-6 non-creamy layer certificates. Further that, Annexure A-7 is the verification certificate issued by the PSC after verifying his educational qualification, community certificate and non-creamy layer certificate, wherein it is also recorded that the religion and community/caste of the applicant is Christian-Latin Catholic. There is no serious dispute that on the basis of the abovesaid communities and NCL certificates, the O.P(KAT) No.145 of 2021 7 applicant has been included in Ext.R1(c) ranked list dated 30.06.2015 for the post of Last Grade Servants in Thiruvananthapuram District under Category No.567/2013, in the supplementary list for Latin Catholic/Anglo Indian as Rank No.273 thereof. Later, he has also been included in Annexure A-8 ranked list for the post of Last Grade Servants in Thiruvananthapuram District under category No.71/2017 in the supplementary list of Latin Catholic/Anglo Indian as rank No.3 thereof. In pursuance of Ext.R1(a) selection notification dated 30.12.2017, issued for the present selection, for the post of Police Constable (Armed Police Battalion), Malappuram, under category No.657/2017, the PSC authorities had conducted the OMR test on 26.05.2018 based on which the applicant had appeared therein and thereafter, he was duly included in Annexure A-8 short list dated 02.04.2019 for selection to the above post. It is also common ground that subsequently, the applicant was allowed to participate in the physical efficiency test conducted on 26.04.2019, in which also he had qualified. Later, the PSC authorities had directed the applicants to subject themselves to certificate verification process. Thereupon, the applicant had produced all the original certificates for verification on 07.06.2019 O.P(KAT) No.145 of 2021 8 before the PSC authorities and at that time, he was orally directed to produce gazette notification to prove his community as Christian-Latin Catholic, inasmuch as Ext.P-9 SSLC book would show that the applicant's community is Christian-Nadar, whereas the claim made by him in the application as well as on the basis of the community certificates issued by the revenue authorities is that he belongs to Latin Catholic. It is the specific case of the applicant that since all along the PSC authorities had accepted the reservation community status of the applicant as Latin Catholic, as evident from Ext.R1(b) profile registration as well as the ranked list as per Ext.R1(c) dated 30.06.2015 and Annexure A-8 dated 30.06.2018, he was all along under the impression and expectation that there is no dispute for the PSC regarding his reservation benefit as Latin Catholic. Hence, the applicant would point out that since all along the PSC authorities have accepted his community status as Latin Catholic and he was never alerted at any time before that to produce gazette notification regarding his community status as Latin Catholic, he had never taken any steps to fulfill that combersome procedure. So the applicant had constrained to request that the PSC authorities may grant him more time to produce O.P(KAT) No.145 of 2021 9 gazette notification, as can be seen from Annexure A-12 letter sent on 07.06.2019. Further, the applicant would aver that immediately thereafter, the applicant had contacted the Village Officer concerned and requested for community certificate, who after conducting a report, submitted Annexure A-13 report to the Tahsildar concerned stating that the applicant and his family belongs to Christian-Latin Catholic community. Further that, there was some administrative delay in getting the community certificate issued by the Tahsildar and thereupon, the applicant had submitted Annexure A-14 letter dated 14.06.2019 to the Secretary of the PSC and Annexure A-15 letter to the District Officer, PSC seeking further time. The applicant had also produced Annexure A-16 certificate dated 17.06.2019 issued by the Parish Priest of the Mount Carmel Forane Church, Thiruvananthapuram, which comes within the Latin Catholic Archdiocese to show that the applicant as well as his parents are Latin Catholics under the Latin Diocese of Neyyattinkara and that he is also working as Parish Council Secretary, etc. Earlier, the 2 nd respondent- Tahsildar has taken the stand in his reply statement that only those persons who had converted their religion prior to 1947, can claim the O.P(KAT) No.145 of 2021 10 benefit of reservation for Latin Catholics. The applicant has produced Annexure A-9 dated 27.02.2016 in the rejoinder to show that such a restriction has been taken away and the revenue authorities have been authorised to issue Non-Creamy Layer certificate in such cases on the basis of the certificates issued by the Bishops and on verification by the Village Officer concerned, that the candidate and his family belongs to Latin Catholic community, etc. Later, the PSC has published Annexure A-20 ranked list dated 01.07.2019 for the present post of Police Constable (Armed Police Battalion) (Malappuram) under category No.657/2017, wherein the name of the applicant has been excluded therefrom.

7. It is also relevant to note that the applicant has also produced Annexure A-21 certificate issued from the Church concerned to show that the applicant, his parents and grandfather had been baptized, as stated therein. Annexures A-20 to A-25 are the further certificates issued by the Bishop of Latin Catholic Diocese, Neyyattinkara, which would show that the applicant, his father, mother and his grandfather belong to Latin Catholic community and these certificates were also communicated to the Tahsildar as per Annexure O.P(KAT) No.145 of 2021 11 A-26 letter dated 23.11.2019. The applicant was again constrained to make the request as per Annexure A-27 letter dated 26.11.2019, requesting the Tahsildar to originally issue the community certificate. Since no immediate action was forthcoming from the Tahsildar, the applicant had moved for interim orders before the Tribunal in the present O.A and the Tribunal has issued Ext.R1(d) interim order dated 19.12.2019 in M.A No.2631/2019 in the instant O.A No.1185/2019, whereby the Tahsildar, Nedumangad was directed to take steps to issue the community certificate of the applicant, after considering all the relevant certificates produced by the applicant and also in the light of Ext. R1(e) judgment dated 08.11.2019 of this Court in W.P(C) No.33050/2011. Later, the respondent-Tahsildar, Nedumangad has issued Annexure A-28 certificate dated 20.12.2019, clearly certifying therein that the applicant belongs to Christian-Latin Catholic community and that the community shown in Ext.P-9 SSLC book of the applicant, does not fully reflect the correct position. In pursuance of Annexure A-28 certificate dated 20.12.2019, the same was also duly published in the gazette dated 31.12.2019 as per Annexure A-29. Consequently, the Tahsildar has also issued Annexure A-30 Non- O.P(KAT) No.145 of 2021 12 Creamy Layer certificate dated 28.01.2020 in favour of the applicant. So, it can be seen that there is no dispute that the technical requirements insisted by the PSC for getting the community status of the applicant notified in the gazette, has been duly fulfilled as per the issuance of Annexure A-28 certificate dated 20.12.2019, Annexure A-29 gazette publication dated 31.12.2019 and Annexure A-30 NCL certificate dated 28.01.2020, which would all go to show that the applicant belongs to Latin Catholic community and that he also comes within the Non-Creamy Layer criteria. The applicant was apprised by the PSC authorities that he has secured 37.67 marks and on this basis, the applicant would point out that he would have been ordinarily included between rank No.1044 & rank No.1045 in the main list of Annexure A-20 rank list dated 01.07.2019, for the present selection. The applicant also approached the Tribunal for further interim orders in the matter and the Tribunal has passed Annexure-R1(f) interim order dated 06.05.2020, whereby the PSC authorities have been directed to reserve one unadvised post of Police Constable (Armed Battalion), for rendering Annexure-R1(f) interim order dated 06.05.2020, the Tribunal has placed reliance on Annexure R1(g) judgment dated O.P(KAT) No.145 of 2021 13 30.08.2020 rendered by a Division Bench of this Court in W.A No.722/2010, in which the Division Bench has directed the PSC to accept the caste certificate issued subsequent to the publication of the ranked list. In the said case, the PSC authorities have taken up the stand that the applicant should produce a current community certificate from the revenue authorities to prove his community status, even though he had produced an earlier certificate in that regard issued by the said authorities. Subsequently, by the time the appellant therein could secure the latest community certificate from the revenue authorities, the ranked list was already published, in which he has provisionally included. The Division Bench of this Court as per Ext.R1(g) judgment noted that no serious dispute has been made by the PSC authorities as regards the community status of the said appellant and both the earlier certificate and the later certificate shows that the appellant therein belongs to the Scheduled Caste community concerned. Accordingly, the Division Bench of this Court as per Annexure-R1(g) judgment dated 13.08.2010 in W.A No.722/2010 has directed the PSC to accept the later community certificate and to regularize the inclusion of the appellant therein in the ranked list for O.P(KAT) No.145 of 2021 14 the post of Police Constable in SAP, Thiruvananthapuram and also to advice him for appointment, etc.

8. The Tribunal has granted the interim order as per Ext.R1(f) in the present O.A, by placing reliance on the dictum laid down by the Division Bench of this Court in Ext.R1(g) judgment. The Tribunal after hearing both sides has noted that though the Government had earlier insisted that whenever there is a change of community shown for the candidate claiming reservation benefit, with reference to the community shown in the SSLC book as well as the community certificate issues by the revenue authorities, etc., then necessarily, the change in community status should be duly published in the gazette, etc. However, the PSC authorities had initially issued circulars insisting for the strict enforcement of those norms. Later, the PSC found that strict insistence for such gazette notification, is found to cause long delay in the finalization of the selection process and that if the community status is correctly shown by the competent revenue authorities, that may suffice. The details regarding the various circulars issued by the PSC in that regard will be dealt with hereafter. Suffice to say, at the time of publication of Ext.R1(a) selection notification dated O.P(KAT) No.145 of 2021 15 30.12.2017, for the present selection, as per Ext.P-14 circular No.6/2017 dated 31.07.2017 issued by the PSC was then in currency, as per which the PSC has clearly stated that it does not insist for production of gazette notification in such cases as in the instant one. Ext.P-14 circular dated 31.07.2017 was in vogue at the relevant time when Ext.R1(a) selection notification was issued and thereafter. It is much later that the PSC has reversed the stand and has issued Ext.P-15 circular No.7/2018 dated 16.08.2018, whereby it was insisted that gazette notification should necessarily be produced in such cases. So it can be seen that Ext.P-15 dated 16.08.2018 has been issued by the PSC, mid-way of the present selection process. The applicant was duly included in Annexure A-10 short list dated 02.04.2019 for the present selection and he had also participated and qualified in the physical efficiency test conducted on 26.04.2019. For the first time the applicant was alerted by the PSC to produce gazette notification, only at the time of certificate verification process conducted in June, 2019.

9. Taking note of these aspects, the Tribunal has taken the view that since the new norms at Ext.P-15 circular dated 16.08.2018 was never in vogue at the time of issuance of Annexure R1(a) selection O.P(KAT) No.145 of 2021 16 notification dated 30.12.2017 and as Ext.P-15 has been issued much subsequently, the stand of the PSC that the gazette notification regarding the community status of the applicant, should necessarily be produced before the finalization of the ranked list as mandated in Rule 17C of KS&SSR Part-II, will not be a reasonable and proper exercise of power. Further, the Tribunal has also noted that in similar cases, the PSC has taken a liberal stand and has given sufficient time to another candidate, one Sri.T.Praveenkumar, who had applied for the post of Junior Health Inspector Gr.II, by giving him more time to produce such gazette notification, even though he was not included in the ranked list and later he was included in the ranked list by Annexure A-41 addendum notification dated 23.12.2020. Taking note of these aspects, the Tribunal has taken the view that the exclusion of the applicant from Annexure A-20 ranked list dated 01.07.2019, is not reasonable and proper and that the matter would require interdiction. In the light of these aspects, that the Tribunal has given the directions as above in favour of the applicant.

10. The main contention raised by the petitioners in the O.P is that the general conditions appended to the selection notification have O.P(KAT) No.145 of 2021 17 made it clear that such gazette notification should have been produced and that strict enforcement of such conditions which are mandatory, is highly necessary and that the interference made by the Tribunal is not correct, etc. Further it is pointed out that Rule 17C of KS&SSR Part-II clearly mandates that certificates in relation to community claims, etc., should necessarily be produced by the candidates concerned, before the finalization of the ranked list. Further it is pointed out that as per Rule 12 of the Rules of Procedure, for the purpose of production of documents as required by the PSC prior to selection to a post, the date of finalization of the ranked list shall mean the date of the interview of the candidate or the day fixed for production of documents on the date of interview or in the absence of interview the date fixed for production of documents, whichever occurs later, as the case may be, etc. Hence, it is contended that the abovesaid general conditions appended to Ext.R1(a) selection notification in the matter of production of gazette notification in cases of change of community, etc., has to be strictly enforced and that therefore, this Court may set aside the verdict of the Tribunal. Whereas, the stand taken by the original applicant is that the reasonings given by the Tribunal, are legally right and does not deserve O.P(KAT) No.145 of 2021 18 any interdiction, etc.

11. The condition No.13(g) of part-II of general conditions appended to the selection notification, as extracted in para.10 of Ext.P-7 reply statement filed by the PSC in the present O.A, reads as follows [see page No.115 of the paper book of this O.P] :

"(g) (i) Where there is difference in the Date of Birth, Community, Religion etc. of candidates as between the School records and those furnished in the application form.

(ii) In the case of change in name, religion and community, change except clerical error, to be carried out after a person leaves the school shall be ensured by Gazette Notification after obtaining certificates from Tahsildar of the Taluks or higher officers above the rank of Tahsildar in the Revenue Department of the applicants requesting for issue of the certificate for the purpose [G.O.(Ms.) 195/85/GAD dated 24-5-1985]. Copy of the Gazette Notification duly attested shall be attached to S.S.L.C./Extract of Admission Register of the individual concerned. No change in the original entry shall be made."

12. The applicant has pointed out that apart from the abovesaid condition No.13(g), there is yet another condition No.13(d)(ii) of the very same general conditions, which state that the community certificate once obtained from the competent authority, shall be treated as sufficient for all the subsequent applications to the PSC by the same candidate till the applicant gets recruited to any post by the Commission [see para No.11 on page.4 of the counter affidavit dated 15.07.2021 filed by R1 in the present O.P]. Pursuant to the directions issued by this Court, the PSC has issued five additional documents in the O.P viz., O.P(KAT) No.145 of 2021 19 Exts.P-11, P-12, P-13, P-14 & P-15. It has been inter alia stipulated by the Government in Ext.P-11 G.O.Ms.No.80/84/GAD dated 14.03.1984 that in case of change in name, religion & community, changes except clerical error, to be carried out, after person leaves the school, shall be ensured by gazette notification after obtaining certificate from the competent authorities, etc. Later, the Government has issued Ext.P-12 G.O.Ms. No.195/85/GAD dated 24.05.1985 [which is also incidentally mentioned in clause (ii) of condition No.13(g) supra], whereby, it has been ordered that the competent authorities referred to in Ext.P-11 G.O will be the Tahsildar of the Taluks or higher officers above the rank of Tahsildar in the revenue district of the applicant requesting for issue of certificates for change of name, community/caste and religion for the purpose of gazette notification. Further, it has been ordered therein that the Director of Printing and Stationary will entertain the application for notification in the gazette made by the parties supported by certificates issued by the Tahsildar from higher officers of revenue departments concerned, for change of name, community/caste and religion, etc. The PSC has issued Ext.P-13 circular No.16/2008 dated 03.07.2008, stating that the abovesaid insistence made in condition O.P(KAT) No.145 of 2021 20 No.15(g)(2) of the general conditions on the basis of Ext.P-12 G.O.Ms. No.195/1985/GAD dated 24.05.1985, should be strictly enforced for all certificate verification done by the PSC from 01.07.2008 onwards.

13. Later, the PSC has issued Circular No.13/16 dated 8.9.2016 stating that the stand taken in Ext.P-13 Circular dated 3.7.2008, not to insist for strict enforcement of the conditions in Ext.P-11 G.O. dated 14.3.1984 & Ext.P-12 G.O. dated 24.5.1985 may not be correct, and henceforth the requirement of production of Gazette notification in such cases should be insisted.

14. Still further, the PSC has issued Ext.P-14 Circular No.6/17 dated 31.7.2017, again taking the stand that the insistence for production of Gazette notification in such cases, will cause undue delay in the finalization of the selection process and hence, it has been ordered as per Ext.P-14 Circular dated 31.7.2017 that the previous PSC Circular No.13/16 dated 8.9.2016 will stand cancelled, and that in such cases, Gazette notification need not be insisted, and the claim for reservation community benefits need be ascertained only on the basis of the Community Certificate issued by the Tahsildar and the Non Creamy Layer Certificate (NCLC) issued by the competent authority. O.P(KAT) No.145 of 2021 21

15. Initially, this was so ordered as per the PSC Decision/Minutes No.23 dated 10.7.2017 referred to as Item No.5 in Ext.P-14. It was later, that Ext.P-14 Circular dated 31.7.2017 has been issued reiterating that production of Gazette notification in such cases need not be insisted, and that this procedure will be adopted by the PSC for all selections pending since 10.7.2017 [i.e. the date on which the PSC had issued decision referred to as Item No.5 in Ext.P-14] . It is subsequently, that Ext.P-15 Circular No.7/18 dated 16.8.2018 was again issued by the PSC stating that non insistence of production of Gazette notification in such cases is not proper, and that Ext.P-14 Circular dated 31.7.2017 will stand cancelled etc.

16. So, it can be seen that Ext.P-14 Circular No.6/17 dated 31.7.2017, based on the decision taken by the PSC on 10.7.2017, was in vogue at the time when Ext.R-1(a) selection notification dated 30.12.2017 was issued for the instant selection process. In other words, at the time of initiation of Ext.R-1(a) selection process, the PSC themselves has decided not to insist for production of Gazette notification in such cases, and that the claim for reservation benefits need be ascertained on the basis of the Community Certificate and the O.P(KAT) No.145 of 2021 22 NCLC issued by the competent revenue authorities. It is much later, that Ext.P-15 Circular dated 16.8.2018 has been issued by the PSC cancelling Ext.P-14 Circular dated 31.7.2017, and again insisting that production of Gazette notification will be necessary.

17. So, it can be seen that the abovesaid norms have been changed midway vis-a-vis Ext.R-1(a) selection process by the PSC. At the time when the selection process was set in motion as per Ext.R-1(a), the PSC themselves has not insisted for General Condition No.13(g), which forms Part-II of the selection notification, and what was then insisted was Condition No.13(d)(ii) thereof, which has clearly stated that the Community Certificate, once obtained from the competent authority, shall be treated as sufficient for all subsequent applications to the PSC, by the same candidate, till the candidate gets recruited to any post by the Commission, etc. It is on the basis of the abovesaid state of affairs, that existed prior to the issuance of Ext.P-15 Circular dated 16.8.2018, that the applicant has been included in various ranked lists prepared by none other than the PSC authorities, as can be seen from Ext.R-1(c) & Anx.A-8 ranked lists, etc.

18. The certificates in that regard, in the case of the applicant, O.P(KAT) No.145 of 2021 23 are produced at Anxs.A-2 to A-6, which have been duly acknowledged in Anx.A-7 verification certificate issued by the PSC authorities, and in all those certificates, it has been categorically shown that Community of the applicant is Christian Latin Catholic.

19. Of course, the counsel for R-1 herein/original applicant has raised a contention that, since the norms at Ext.P-14 dated 31.7.2017 have been changed midway, by the issuance of Ext.P-15 dated 16.8.2018, as far as the instant Ext.R-1(a) selection notification is concerned, his case could be covered only by Condition No.13(d) supra and not by Condition No.13(g) and therefore, the action of the PSC in not accepting the community status of the applicant, without production of Gazette notification, is unreasonable and improper.

20. Since, the production of documents to prove community status, would essentially remain in the realm of procedure, we are of the view that such change of procedural norms should affect not only applications filed on or after the coming into force of Ext.P-15 Circular dated 16.8.2018, but also may affect applications pending as on 16.8.2018. So, we are of the view that the PSC cannot be faulted for insisting that the applicant should produce not only the community O.P(KAT) No.145 of 2021 24 certificate and the NCLC issued by the Tahsildar, but should also produce Gazette notification in respect of the discrepancy noted in Ext.P-10 SSLC Book. However, reasonableness and fairness demand that a more relaxed and liberal approach should be taken by the PSC, in a case of this nature, in the matter of grant of sufficient time. There is no dispute that, the PSC has insisted that the applicant should produce the Gazette notification for the first time, only when the certification verification process was taking place on 7.6.2019. It has to be borne in mind that eventhough, Ext.P-15 Circular has been issued on 16.8.2018, the applicant has been duly included in Anx.A-10 short list dated 2.4.2019 and has also participated and qualified in the Physical Efficiency Test for the above selection conducted on 26.4.2019. It is only on 7.6.2019, that the PSC has directed the applicant to produce the Gazette notification as above. The applicant has got a specific case that the abovesaid instruction has been given by the PSC authorities only orally in the certificate verification process that took place on 7.6.2019.

21. A reading of Exts.P-13 & P-14 Circulars issued by none other than the PSC, would make it clear that the PSC authorities themselves are cognizant of the fact that the production of Gazette notification O.P(KAT) No.145 of 2021 25 formality is a time consuming and elaborate process, and that it causes a long delay in the finalization of selection process. So, it is admitted by none other than the PSC authorities that the formality of production of Gazette notification as above, is a highly time consuming and elaborate process. Reasonableness and fairness demanded that they should have given sufficient time liberally to a candidate like the applicant to fulfill the abovesaid requirement for getting Gazette notification regarding his community status. In the instant case, the facts stated hereinabove would clearly indicate that since 7.6.2019, the applicant has been diligently and sincerely knocking the doors of various authorities to get the formal certificates for publication in the Gazette. The Tribunal and this Court have to take cognizance of the fact that the abovesaid process is time consuming. Since, the applicant has taken all bonafide and diligent steps in that regard, the time that has been taken in getting the Gazette notification published only on 31.12.2019, cannot be said to be an undue delay on the part of the applicant. This is more so, since, the abovesaid new norm has never enforced by the PSC at the time of issuance of Ext.R-1 (a) selection notification, and has been enforced only midway as per Ext.P-15 issued on 16.8.2018, and the applicant was O.P(KAT) No.145 of 2021 26 instructed about the same only on 7.6.2019.

22. There is no dispute to the proposition advanced by the learned Standing Counsel for the PSC that, conditions in the selection process insisted by the PSC authorities have to be meticulously and properly complied with by the parties concerned, and that too within the time limit. The time limit for production of such documents as mandated in Rule 17C of the KS & SSR Part II is up to the finalization of the ranked list. Rule 12 of the Kerala Public Service Commission Rules of Procedure would provide that the said time limit, in the case of production of community certificate, will be as mentioned hereinabove. Ordinarily, these conditions have to be meticulously complied with. But, when the PSC authorities themselves have taken an approach to relax the provision, and has never insisted for said norm at the time when Ext.R-1(a) notification was issued, and it has been insisted only midway as per Ext.P-15 dated 16.8.2018, and when the same was communicated to the applicant only much later, thereafter in June 2019, no reasonable authority can expect that a candidate like the applicant, should necessarily have the Gazette notification readily available. The only reasonable course of action, in such a case, is to give O.P(KAT) No.145 of 2021 27 sufficient time to the candidate concerned. The delay thereafter, cannot be attributable to the applicant, as the facts would clearly show that he has very diligently and sincerely taken all possible steps in the matter.

23. Various documents have been produced as mentioned hereinabove, which would clearly show that the applicant and his family, in fact, belongs to Latin Catholic Christian community. The said aspects borne out from Anxs.A-2 to A-6 certificates, have been fully acknowledged by the PSC authorities in Anx.A-7 as well as in the ranked lists as per Ext.R-1(c) and Anx.A-8. Still further, a series of documents have been produced from the Latin Catholic Church authorities as per Anxs.A-16, A-21 to A-26, etc which would show that the applicant, his parents and grandparents, all belong to Latin Catholic Community.

24. In fact, the PSC authorities, themselves, have given the benefit of community reservation of Latin Catholic in favour of the applicant in the ranked lists as per Anx.A-8 & Ext.R-1(c). True, that those benefits have been granted on the basis of the prior procedural norms. This Court is highlighting those factual aspects only for the purpose of stating that neither the government, the revenue authorities nor the PSC authorities, have any serious dispute regarding the fact that the applicant and his family O.P(KAT) No.145 of 2021 28 members belong to Latin Catholic community, and he comes in the Non Creamy Layer limit. The discrepancy in Ext.P-10 SSLC Book had to be rectified by the Gazette production after the new insistence, and that has been later done, as can be seen from Anx.A-28 certificate, Anx.A-29 Gazette publication dated 31.12.2019 and Anx.A-30 Non Creamy Layer Certificate, etc. True, that those certificates at Anx.A-21 to A-30 have been issued after the finalization of Anx.A-20 ranked list dated 1.7.2019. So, in the facts and circumstances of this case, this Court is of the considered view that the stand taken by the PSC authorities to exclude the applicant from the ranked list, by not giving him sufficient time as above, will not amount to a proper and reasonable exercise of power. So, the Tribunal cannot be faulted for issuing the impugned directions.

25. Still further, the Tribunal has also noted that such a benefit has been given to similarly situated person, one Sri.T.Praveenkumar, as can be seen from the factual aspects mentioned in para 11 on pages 7 & 8 as well as para 15 on pages 10 & 11 of the impugned verdict of the Tribunal at Ext.P-9. The said candidate was also initially not included in the ranked list and later, the delayed production of Gazette notification was accepted by the PSC, and Anx.A-41 Addendum Notification dated 23.12.2020 was issued by the PSC including said candidate in the ranked list. In that case, Anx.A-38 ranked list was published on 31.12.2019 and thereafter, the requisite Gazette notification O.P(KAT) No.145 of 2021 29 was produced and later, A-41 Addendum Notification was issued on 23.12.2020 including him in the ranked list.

26. In the instant case, Anx.A-20 ranked list has been issued on 1.7.2019, and Anx.A-29 Gazette notification has been produced on 31.12.2019. Therefore, the view taken by the Tribunal, that the same treatment should have been afforded in the case of the present applicant, cannot be seriously found fault with, by us Further, it is also to be noted that the Tribunal has, earlier, issued protective interim orders in favour of the applicant as per Ext.R-1(f) interim order dated 6.5.2020 issued in the instant O.A. whereby it was directed that one post of Police Constable (Armed Police Battalion) covered by the instant selection process shall be kept reserved unadvised.

27. We are told that the said interim order has been complied with by the PSC authorities. The applicant has also stated that the Latin Catholic/Anglo Indian turn in favour of the applicant had arisen for the instant selection process. So, in view of these aspects, the Tribunal cannot be faulted for issuing the impugned directions, to advise the applicant, if his turn for LC/AI reserved turn has arisen. In the light of these aspects, we do not find any ground to interfere with the verdict of the Tribunal at Ext.P-9, whereby the PSC authorities have been directed to include the applicant in O.P(KAT) No.145 of 2021 30 Anx.A-20 ranked list in the appropriate place on the basis of his merit, and then to advise him for the said post, to the arising turn. Further, in view of the long delay in the matter, it is ordered that the petitioners in the O.P. will immediately comply with the directions of the Tribunal as per Ext.P-9 within 6 weeks from the date of receipt of a copy of this judgment.

With these observations and directions, the above Original Petition (KAT) will stand dismissed.

Sd/-

ALEXANDER THOMAS, JUDGE Sd/-

A.BADHARUDHEEN, JUDGE vgd MMG O.P(KAT) No.145 of 2021 31 APPENDIX OF OP(KAT) 145/2021 PETITIONERS' EXHIBITS/ANNEXURES EXHIBIT P1 TRUE COPY OF THE O.A NO. 1185 OF 2019 WITH ITS ANNEXURES.


ANNEXURE A1               TRUE COPY OF THE SSLC OF THE APPLICANT
                          WITH REG. NO. 803592 IN MARCH 2005

ANNEXURE A2               TRUE   COPY   OF   THE NON   CREAMY  LAYER
                          CERTIFICATE ISSUED TO THE APPLICANT BY THE
                          REVENUE    AUTHORITIES  NO.2340/14   DATED
                          28-05-2014

ANNEXURE A3               TRUE   COPY  OF   THE  NON   CREAMY  LAYER
                          CERTIFICATE ISSUED AS PER NO. B2 DATED
                          2-06-2015 BY THE TAHSILDAR, NEDUMANGAD

ANNEXURE A4               TRUE   COPY  OF   THE  NON   CREAMY  LAYER
                          CERTIFICATE NO.7355/176 DATED 11-12-2017
                          BY THE VILLAGE OFFICER, UZHAMALAKKAL

ANNEXURE A5               TRUE   COPY  OF   THE  NON   CREAMY  LAYER
                          CERTIFICATE NO.2340/18 DATED 20-06-2018 BY
                          VILLAGE OFFICER, UZHAMALAKKAL

ANNEXURE A6               TRUE   COPY  OF   THE  NON   CREAMY   LAYER
                          CERTIFICATE NO 1281/19 DATED 5-4-2019

ANNEXURE A7               TRUE COPY OF THE ONE TIME VERIFICATION
                          CERTIFICATE AS PER CERTIFICATE NO.PCN
                          1500383365 DATED 11-06-2015 ISSUED BY THE
                          1ST RESPONDENT

ANNEXURE A8               TRUE COPY OF THE RANK LIST 453/2018/DOT
                          WITH EFFECT FROM 30-06-2018 FOR CATEGORY
                          NO.171/2017

EXHIBIT P1                TRUE COPY OF THE ADMISSION TICKET ISSUED
                          BY THE RESPONDENT TO THE APPLICANT WITH
 O.P(KAT) No.145 of 2021
                                    32


(ANNEXURE-A9)             REGISTER NO. 787954

ANNEXURE A10              TRUE COPY OF THE SHORT LIST NO.10/2019/DOM
                          DATED   02-04-2019  ISSUED   BY  THE   1ST
                          RESPONDENT

ANNEXURE A11              TRUE COPY OF THE ADMISSION TICKET OF THE
                          APPLICANT WITH SL.NO.2777 ISSUED BY THE
                          1ST RESPONDENT

ANNEXURE A12              TRUE COPY OF THE PETITION SUBMITTED BY THE
                          APPLICANT TO THE 2ND RESPONDENT DATED
                          07-06-2019

ANNEXURE A13              TRUE COPY OF THE REPORT SUBMITTED BY THE
                          VILLAGE OFFICER, UZHAMALAKKAL TO THE 3RD
                          RESPONDENT VIDE REPORT NO.2514/19 DATED
                          10-06-2019

ANNEXURE A14              TRUE COPY OF THE PETITION SUBMITTED BY THE
                          APPLICANT TO THE 1ST RESPONDENT DATED
                          14-06-2019

ANNEXURE A15              TRUE COPY OF THE PETITION SUBMITTED BY THE
                          APPLICANT TO THE 2ND RESPONDENT DATED
                          14-06-2019

ANNEXURE A16              TRUE COPY OF THE LETTER    OF   THE   PARISH
                          PRIEST DATED 17-06-2019

EXHIBIT P2                REPLY STATEMENT FILED ON BEHALF OF THE 3RD
                          RESPONDENT WITH ANNEXURES

ANNEXURE R3(A)            TRUE COPY OF THE G.O(MS) NO.25/2014/BCDD
                          DATED 01-11-2014

ANNEXURE R3(B)            TRUE COPY OF THE G.O(MS) NO.4/2015/BCDD
                          DATED 27-01-2015

ANNEXURE R3(C)            TRUE   COPY    OF   THE    LETTER  NUMBER
                          1520512/2017/BCDD DATED 16-01-2018 OF THE
                          PRINCIPAL   SECRETARY   BACKWARD  CASTES,
 O.P(KAT) No.145 of 2021
                                    33


                          DEVELOPMENT DEPARTMENT, ADDRESSED TO THE
                          DISTRICT COLLECTOR, THIRUVANANTHAPURAM

ANNEXURE R3(D)            TRUE    COPY    OF     THE    LETTER    NO.
                          366/B1/2017/BCDD DATED 30-05-2018 OF THE
                          PRINCIPAL    SECRETARY     TO   GOVERNMENT,
                          BACKWARD CASTES DEVELOPMENT DEPARTMENT
                          ADDRESSED   TO  THE   DISTRICT   COLLECTOR,
                          THIRUVANANTHAPURAM.

ANNEXURE R3(E)            TRUE    COPY    OF   THE    CIRCULAR    NO.
                          25638/F3/09/SCSDD DATED 22-08-2011 OF THE
                          SCHEDULED   CASTE  AND   SCHEDULED   TRIBES
                          DEVELOPMENT DEPARTMENT

ANNEXURE R3(F)            TRUE COPY OF THE     LETTER   NO.B2/6830/19
                          DATED 13-06-2019

EXHIBIT P3                TRUE COPY OF THE REJOINDER DATED 21-11-
                          2019 FILED BY THE APPLICANT WITH ANNEXURES

ANNEXURE A17              TRUE    COPY    OF    THE   G.O(MS)    NO.
                          55/2012/SCSTDD DATED 04-04-2012

ANNEXURE A18              TRUE COPY OF THE G.O(MS) NO.09/2013/BCDD
                          DATED 04-04-2012

ANNEXURE A19              TRUE COPY OF THE GOVERNMENT CIRCULAR NO.
                          585/B3/2016/BCDD DATED 27-02-2016

EXHIBIT P4                TRUE COPY OF THE M.A TO RECEIVE ANNEXURE
                          A20 TO A27 ALONG WITH THE ANNEXURES

ANNEXURE A20              TRUE COPY OF THE RELEVANT PAGES OF THE
                          RANKED LIST NO.375/19/DOM DATED 01-07-2019
                          BY THE DISTRICT OFFICER, MALAPPURAM

ANNEXURE A21              TRUE COPY OF THE COMMUNITY CERTIFICATE
                          ISSUED FROM ST.MARY'S CHURCH PARANDODE,
                          DATED   08-07-2019  WITH    THE  BAPTISM
                          CERTIFICATES OF THE APPLICANT HIS FATHER
                          VISWAMBHARAN, MOTHER LEELA, GRANDFATHER
 O.P(KAT) No.145 of 2021
                                        34


                          RAGHAVAN NADAR

ANNEXURE A22              TRUE COPY OF THE CERTIFICATE ISSUED TO THE
                          APPLICANT DATED 01-08-2019 BY THE VICAR
                          GENERAL,   LATIN   CATHOLIC   DIOCESE   OF
                          NEYYATTINKARA

ANNEXURE A23              TRUE COPY OF THE CERTIFICATES ISSUED TO
                          THE GRANDFATHER OF THE APPLICANT DATED
                          30-07-2019 BY THE VICAR GENERAL, LATIN
                          CATHOLIC DIOCESE OF NEYYATTINKARA.

ANNEXURE A24              TRUE COPY OF THE CERTIFICATES ISSUED TO
                          THE MOTHER OF THE APPLICANT DATED 30-07-
                          2019 BY THE VICAR GENERAL, LATIN CATHOLIC
                          DIOCESE OF NEYYATTINKARA

ANNEXURE A25              TRUE COPY OF THE CERTIFICATE ISSUED TO THE
                          FATHER OF THE APPLICANT DATED 02-08-2019
                          BY THE VICAR GENERAL, LATIN CATHOLIC
                          DIOCESE OF NEYYATTINKARA.

ANNEXURE A26              TRUE COPY OF THE LETTER DATED 23-11-2019
                          TO THE TAHSILDAR, NEDUMANGAD TALUK BY THE
                          VICAR GENERAL, LATIN CATHOLIC DIOCESE OF
                          NEYYATTINKARA

ANNEXURE A27              TRUE COPY OF THE APPEAL PETITION TO THE
                          TAHSILDAR NEDUMANGAD ON 26-11-2019 BY THE
                          APPLICANT.

EXHIBIT P5                TRUE COPY OF THE M.A TO RECEIVE ANNEXURES
                          A28 TO A32 ALONG WITH THE ANNEXURES

ANNEXURE 28               TRUE COPY OF THE CERTIFICATE NO.B2-6830/19
                          ISSUED BY THE 3RD RESPONDENT TO THE
                          APPLICANT DATED 20-12-2019

ANNEXURE 29               TRUE COPY OF THE RELEVANT PAGES OF THE
                          GAZETTE DATED 31-12-2019

ANNEXURE 30               TRUE   COPY        OF   THE   CERTIFICATE   NO.B2-
 O.P(KAT) No.145 of 2021
                                    35


                          194/2020 DATED   28-01-2020   BY   THE   3RD
                          RESPONDENT

ANNEXURE 31               TRUE    COPY    OF    THE    LETTER      NO.
                          MRIII(2)142/2019/RTI DATED 27-08-2019

ANNEXURE 32               TRUE COPY OF THE RELEVANT PAGES OF THE
                          APPOINTMENT CHART FOR THE POST OF POLICE
                          CONSTABLE (ARMED POLICE BATTALION) IN
                          MALAPPURAM ISSUED ON 30-12-2019

EXHIBIT P6                TRUE COPY OF THE M.A TO RECEIVE ANNEXURES
                          A33 TO A36 ALONG WITH THE ANNEXURES.

ANNEXURE 33               TRUE COPY OF THE ADVISE DETAILS AVAILABLE
                          IN THE WEBSITE OF THE 1ST RESPONDENT AS ON
                          15-02-2020

ANNEXURE 34               TRUE COPY OF THE DETAILS STATUS OF POSTS
                          IN THE WEBSITE OF THE 1ST RESPONDENT AS ON
                          03-02-2020

ANNEXURE 35               TRUE COPY OF THE ERRATUM NOTIFICATION NO.
                          MSSII (3) 50002/2018 DATED 07-11-2019 BY
                          THE 2ND RESPONDENT

ANNEXURE 36               TRUE COPY OF THE ERRATUM NOTIFICATION NO.
                          MSSII(3) 50002/2018 DATED 13-03-2020 BY
                          THE 2ND RESPONDENT

EXHIBIT P7                TRUE COPY OF THE REPLY STATEMENT DATED
                          23-11-2020 FILED BY THE PUBLIC SERVICE
                          COMMISSION

EXHIBIT P8                TRUE COPY OF THE REJOINDER FILED BY THE
                          APPLICANT ALONG WITH ANNEXURES

ANNEXURE A37              TRUE COPY OF THE RELEVANT PAGES OF ADENDUM
                          NOTIFICATION NO.DSS II(2) 1147/16 DATED
                          14-01-2019 FOR CAT.NO.571/14

ANNEXURE A38              TRUE COPY OF RELEVANT PAGES OF RANKED LIST
 O.P(KAT) No.145 of 2021
                                       36


                          NO.647/19/SSIII FOR CAT.NO.571/2014       WITH
                          EFFECT FROM 31-12-2019

ANNEXURE 39               TRUE COPY OF LETTER NO.DV(3) 424/13(1)
                          DATED 13-12-2020 OF THE DISTRICT OFFICER
                          PSC KOZHIKODE TO PARAVEENKUMAR.T

ANNEXURE A40              TRUE COPY OF LETTER NO.DV(3) 4245/13 DATED
                          06-08-2020 OF DISTRICT OFFICER, PUBLIC
                          SERVICE COMMISSION, KOZHIKODE TO PRAVEEN
                          KUMAR T.

ANNEXURE A41              TRUE COPY OF ADDENDUM NOTIFICATION NO.
                          SSIII(2) JHI IV CS/KKD 2019 FOR CAT. NO.
                          571/2014 DATED 23-12-2020 BY THE 1ST
                          RESPONDENT.

EXHIBIT P9                TRUE COPY OF THE ORDER DATED 23-03-2021 IN
                          O.A NO.1185 OF 2019

EXHIBIT P10               TRUE COPY OF THE RELEVANT PAGES OF THE
                          SSLC BOOK SHOWING THE CASTE OF THE
                          APPLICANT.

EXHIBIT P11               COPY    OF         G.O.MS.NO.80/84/GAD    DATED
                          14.03.1984

EXHIBIT P12               COPY    OF        G.O.MS.NO.195/85/GAD    DATED
                          24.05.1985

EXHIBIT P13               COPY   OF         CIRCULAR   NO.16/2008   DATED
                          03.07.2008

EXHIBIT P14               COPY   OF         CIRCULAR   NO.06/2017   DATED
                          31.07.2017

EXHIBIT P15               COPY   OF         CIRCULAR   NO.07/2018   DATED
                          16.08.2018
 O.P(KAT) No.145 of 2021
                                    37


RESPONDENTS' EXHIBITS



EXHIBIT R1(A)             TRUE    COPY   OF    NOTIFICATION   DATED
                          30.12.2017     CALLING     FOR     ONLINE
                          APPLICATIONS FOR SELECTION TO THE POST OF
                          CIVIL POLICE OFFICER (POLICE CONSTABLE)
                          (ARMED POLICE BATTALION) UNDER CATEGORY
                          NO.657/2017.

EXHIBIT R1(B)             TRUE COPY OF PROFILE OF THIS RESPONDENT
                          PUBLISHED IN THE WEBSITE OF THE PSC.

EXHIBIT R1(C)             TRUE COPY OF RELEVANT EXTRACT OF RANKED
                          LIST DATED 30.06.2015 OF LAST GRADE
                          SERVANTS IN THIRUVANANTHAPURAM DISTRICT
                          UNDER CATEGORY NO.567/2013

EXHIBIT R1(D)             TRUE   COPY   OF INTERIM   ORDER  DATED
                          19.12.2019 IN MA NO.2631 OF 2019 IN OA
                          NO.1185 OF 2019

EXHIBIT R1(E)             TRUE COPY OF JUDGMENT OF THIS COURT IN
                          WP(C) NO.33050 OF 2011 DATED 08.11.2019

EXHIBIT R1(F)             TRUE   COPY   OF   INTERIM   ORDER   DATED
                          06.05.2020 IN OA NO.1185 OF 2019

EXHIBIT R1(G)             TRUE COPY OF JUDGMENT OF THIS COURT IN WA
                          NO.722 OF 2010 DATED 13.08.2010

EXHIBIT R1(H)             TRUE COPY OF RELEVANT EXTRACT OF THE
                          APPOINTMENT    CHART  DATED 06.07.2020
                          PUBLISHED BY THE PSC.

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