Kerala High Court
Shyli A. Aged 37 Years vs Kerala Public Service Commission on 10 April, 2008
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934
WP(C).No. 31148 of 2012 (P)
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PETITIONER(S) :
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SHYLI A. AGED 37 YEARS, W/O.NIZAR P.M,
SHAS MAHAL, EAST OF CHUNGAM BRIDGE
ALAPPUZHA DISTRICT, PIN 688 011.
BY ADV. SRI.A.G.BASIL
RESPONDENT(S) :
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1. KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM
THIRUVANANTHAPURAM 695 033.
2. KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
JALABHAVAN, THRIUVANATNHAPURAM 695 033.
R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC
R2 BY ADV. SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-03-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 31148 of 2012 (P)
APPENDIX
PETITIONER(S) EXHIBITS :
EXT.P1 TRUE COPY OF THE NOTIFICATION CATEGORY NO. 157/2008
DATED 10-4-2008 ISSUED BY THE KERALA PUBLIC SERVICE
COMMISSION.
EXT.P2 TRUE COPY OF THE SHORT LIST (PROBABILITY LIST) PUBLISHED BY
THE 1ST RESPONDENT ON 16-10-2012 CONTAINING THE NAMES OF T1646
CANDIDATES.
EXT.P3: TRUE COPY OF THE INVITATION LETTER ISSUED BY PUBLIC SERVICE
COMMISSION TO APPEAR FOR VERIFICATION OF CERTIFICATES.
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
P.N.RAVINDRAN, J.
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W.P.(C) No.31148 OF 2012
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Dated this the 18thday of March, 2013
J U D G M E N T
By Ext.P1 notification published in the Kerala Gazette dated 10.4.2008, the Kerala Public Service Commission invited applications from eligible candidates for appointment to the post of Tracer/ Overseer Grade III in the Kerala Water Authority. The number of vacancies notified was 134 and the last date stipulated for submission of applications was 14.5.2008. The petitioner applied pursuant to the said notification. An OMR test was conducted on 6.8.2011. The petitioner participated in the said test. Thereafter a short list of candidates who were found eligible to be included in the ranked list for the post of Tracer/Overseer Grade III subject to verification of original documents, evidenced by Ext.P2 was published on 16.10.2012. The petitioner was included in the said list. Later, the candidates who were shortlisted were called to appear for verification of documents that was held during the period from 15.11.2002 to 22.12.2012. The petitioner was called to appear for verification of documents on 16.11.2012 as per Ext.P3 memo dated 19.10.2012. This writ petition is filed contending that though verification of documents was over by 22.12.2012, till date, the ranked list has not WPC No.31148/2012 2 been published. The petitioner contends that though the notification inviting applications was published in the Kerala Gazette dated 10.4.2008 and the last date stipulated for submission of applications was 14.5.2008, even after the expiry of 4= years, the ranked list has not been published. It is stated that if there is any further delay in publication of the ranked list, the petitioner and others who have a fair chance of being included therein and have attained the age of 35 years, will be disabled from applying for employment in Government service. In this writ petition the petitioner seeks a direction to the Kerala Public Service Commission to publish the ranked list pursuant to Ext.P1 notification and Ext.P2 short list, without delay. It is contended that the Kerala Public Service Commission has a duty to publish the ranked list at the earliest and that non-publication of the ranked list even after the expiry of 4= years from the last date stipulated for submission of applications, is unjust and illegal.
2. A counter affidavit dated 6.2.2013 has been filed on behalf of the Kerala Public Service Commission. The qualifications for the post of Tracer/Overseer Grade II in the Kerala Water Authority are set out in paragraph 4 of the counter affidavit. In paragraph 5 it is stated that an OMR test was held on 6.8.2011, that Ext.P2 probability list was published on 16.10.2012, that certificate verification was held between WPC No.31148/2012 3 15.11.2012 and 22.11.2012, that at the time of certificate verification many candidates produced certificates to prove qualifications which were not prescribed in the gazette notification and that the acceptability of higher qualification and other qualifications which were not prescribed in the notification, is under the consideration of the Kerala Public Service Commission. In paragraph 6 it is stated that the respondent is not delaying publication of the ranked list due to any vested interest and that the delay is only procedural delay involved in the selection. In paragraph 7 it is stated that the petitioner has no legal right to compel the Kerala Public Service Commission to complete the selection process within a time frame, that the Commission is dealing with about 50 lakhs candidates in an year and if a direction as prayed for by the petitioner is issued, it will upset the entire functioning of the Commission.
3. When the writ petition came up for hearing today, Sri.P.C.Sasidharan, learned standing counsel appearing for the Kerala Public Service Commission submitted on instructions that the Commission has at its meeting held on 11.3.2013 resolved that equivalent qualifications need not be accepted but higher qualifications in the same faculty which pre-supposes the qualification prescribed for the post can be accepted and that in view of the said decision, the WPC No.31148/2012 4 Commission will take expeditious steps to publish the ranked list.
I accordingly dispose of the writ petition with a direction to the Kerala Public Service Commission to finalise the selection process initiated as per Ext.P1 notification and to publish the ranked list at the earliest.
P.N.RAVINDRAN, (JUDGE) ahg/vps WPC No.31148/2012 5