Kerala High Court
Muhammed Afsal E.K vs The State Of Kerala on 18 May, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
OP(KAT) No.105/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 18th day of May 2022 / 28th Vaisakha, 1944
OP(KAT) NO. 105 OF 2022
(AGAINST THE ORDER DATED 23-03-2022 IN OA(EKM)NO. 1856/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH)
PETITIONERS:
1. MUHAMMED AFSAL E.K, AGED 36 YEARS S/O ABDURAHIMAN, IYYAKKATTIL
HOUSE, MAYANAD P.O., KOZHIKODE.- 673008
2. BIJITH.P, AGED 31 YEARS, S/O. BALAN. P., PUNATHIL HOUSE, EDAKKAD,
KOZHIKODE - 673005
RESPONDENTS:
1. THE STATE OF KERALA REP BY SECRETARY TO GOVERNMENT, INDUSTRIAL
TRAINING DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001.
2. THE KERALA PUBLIC SERVICE COMMISSION REP BY ITS SECRETARY, THULASI
HILLS, PATTOM PALACE P.O., THIRUVANATHAPURAM., PIN - 695004.
3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS,
PATTOM PALACE P.O., THIRUVANATHAPURAM, PIN - 695004
4. THE DIRECTOR, THE DIRECTORATE OF INDUSTRIAL TRAINING, KERALA STATE
INDUSTRIAL TRAINING DEPARTMENT, 4TH AND 5TH FLOOR, LABOUR
BHAVAN, VIKAS BHAVAN POST, THIRUVANATHAPURAM - 695033
5. SANOJ.S, S/O SIMON.A, AGED 33 YEARS, RESIDING AT TC 54/1772 ,PLAVILA
PUTHEN VEEDU, PAPPANAMCODE, THIRUVANANTHAPURAM. - 695018
6. ANTONY I.THOMAS, S/O IGNATIOUS THOMAS, AGED 27 YEARS, RESIDING AT TC
14/315 ,PALLIKKARA HOUSE, PALAYAM, THIRUVANANTHAPURAM. - 695033
OP(KAT) praying inter alia that in the circumstances stated
in the affidavit filed along with the OP(KAT) the High Court be
pleased to pass an interim order directing the 2nd & 3rd
respondents to stay all further proceedings in pursuance of the
Objective Type Examination (OMR Exam) conducted on 30.07.2021
for the post of Junior Instructor (Welder) in the Industrial
Training Department vide category No.310/2019 by Kerala Public
Service Commission, till the disposal of the petition.
This petition coming on for admission on 18-05-2022, upon
perusing the petition and the affidavit filed in support of
OP(KAT) and upon hearing the arguments of Smt.M.R.JAYALATHA,
Advocate for the petitioners and of SENIOR GOVERNMENT PLEADER,
for R1 & R4 and Sri.P.C.SASIDHARAN, SC, KPSC, for R2 & R3, the
court passed the following:
OP(KAT) No.105/2022 2/3
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
===================================
OP(KAT) No.105 of 2022
(arising out of the order dated 23.03.2022 in OA(EKM) No.1856/2021 by the KAT, EKM
Bench)
=========================================
Dated this the 18th day of May, 2022
ORDER
Learned Standing Counsel for the respondent Public Service Commission seeks time to get instructions. Time granted in that regard. The competent authority of the respondent PSC may give specific and precise instructions as to whether the complaints and objections given by the petitioners/applicants as per Annexure A12 dated 10.09.2021 (acknowledged as per Annexure A13) as well as Annexure A14 dated 10.09.2021 (acknowledged as per Annexure A15) have been examined and if so, the results thereof and also as to the correctness of the case of the petitioners/applicants that 89 out of 100 questions in Annexure A4 question paper used by the PSC in the written examination has been taken from private publications as per Annexures A9 and A10 and that the matter will have to be enquired into, as envisaged in Annexure R5(g) judgment dated 06.12.2019 rendered by the Tribunal in OA(EKM) No.756/2019 and connected cases etc. Post on 27.05.2022.
Handover to both sides. Sd/-
ALEXANDER THOMAS
JUDGE
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
Nsd
18-05-2022 /True Copy/ Assistant Registrar
OP(KAT) No.105/2022 3/3
APPENDIX OF OP(KAT) 105/2022
ANNEXURE A4 A TRUE COPY OF THE QUESTION PAPER CODE 070/2021
(BOOKLET A) FOR OMR EXAM CONDUCTED BY THE 2ND RESPONDENT ANNEXURE A9 A TRUE COPY OF THE BOOK WELDER, NSQF LEVEL-4, ASSIGNMENT/TEST, SKILL INDIA, 2ND SEMESTER, NATIONAL INSTRUCTIONAL MEDIA INSTITUTE(NIMI) ANNEXURE A10 A TRUE COPY OF THE BOOK WELDER, NSQF LEVEL-4, ASSIGNMENT/TEST, SKILL INDIA, 2ND SEMESTER VOLUME I OF II, NATIONAL INSTRUCTIONAL MEDIA INSTITUTE(NIMI) ANNEXURE A12 A TRUE COPY OF THE COMPLAINTS SUBMITTED BY 1ST APPLICANT BEFORE 2ND RESPONDENT DATED 10.09.2021 ANNEXURE A13 A TRUE COPY OF THE ACKNOWLEGDMENT CARD DATED 20.09.2021 ANNEXURE A14 A TRUE COPY OF THE COMPLAINTS SUBMITTED BY 2ND APPLICANT BEFORE 2ND RESPONDENT DATED 10.09.2021 ANNEXURE A15 A TRUE COPY OF THE ACKNOWLEGDMENT CARD DATED 20.09.2021 ANNEXURE R5(G) THE TRUE COPY OF THE ORDER DATED 06-12-2019 IN OA(EKM) NO.756/2019