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12. It is further submitted that in response to the advertisement seeking applications for the post of Staff Nurses (02) and Laboratory Technicians (04) published in Employment News dated 06.04.2012 13.04.2012, the applicant submitted incomplete application, i.e. without OBC Certificate and submitted an undertaking dated 05.05.2012 (OA No.565/2022) wherein she asked for the consideration of her application based on the undertaking that due to paucity of time she could not submit OBC Certificate issued by State authority Kerala. The applicant submitted the OBC Certificate issued by some village officer, Kannan Devan Hills on 18.05.2012 wherein it was clearly mentioned that the certificate was only for appointment to the post under Government of Kerala and its organizations and institutions. The applicant again produced OBC Certificate issued by Tehsildar of a later date 25.05.2012 whereas last date for receiving of application for the recruitment was 06.05.2012. This shows the applicant was not fulfilling the eligibility criteria for selection under the reserved category of OBC at the relevant time.

13. The respondents submit that Dr. M. M. Rao, the then Director received her incomplete application by hand admitted OBC certificate of Kerala State and considered her candidature and appointed her for the post of Staff Nurse in OBC category, in violation of Clause-8 of the advertisement, where it was clearly mentioned that late applications /incomplete applications/application without attested copies of academic qualification, age, and community will be summarily be rejected. It is further submitted that there was connivance of the applicant with the then Director Dr. M.M (OA No.565/2022) Rao at that relevant time and the applicant was appointed in violation of recruitment process.

16. The respondents also state that upon denial of charge leveled, Inquiry Officer and Presenting Officer were appointed to hold a regular departmental enquiry in case of applicant. The Inquiry Officer, on conclusion of the regular departmental enquiry, vide his report dated 17.11.2017 held the charge as 'proved'. The Disciplinary Authority accepted the report of Inquiry Officer and ordered imposition of major penalty of "removal from service which shall not be a disqualification for future employment under the Government" and the same was imposed on the applicant vide order dated 11.03.2019. It is reiterated that Dr. M.M. Rao the then Director (Institute) had favored the applicant by accepting the incomplete application i.e. without OBC Certificate, for the post of Staff Nurse, in violation of Clause- 8 of the advertisement, where it was clearly mentioned that late applications/incomplete applications/application without attested copies of academic qualification, age, and community will summarily be rejected. Even though the application was liable to be rejected, subsequently, the then (OA No.565/2022) Director admitted OBC Certificate at a later stage and considered her candidature and the applicant was appointed in violation of recruitment process. It is submitted that Dr. M.M Rao was also issued with a charge sheet for major penalty proceedings and on conclusion of disciplinary proceedings, he has been awarded with a major penalty.

22. In view of the aforesaid, the principle laid down by the Hon'ble Supreme Court there cannot be any dispute that the application submitted on the following day of a holiday should have been accepted. Therefore, we do not find force in the Article of Charge to the extent that the application received on 07.05.2012 was not proper.

23. The 2nd limb of the Article of Charge is that the applicant had submitted her application without enclosing OBC Certificate, though as per Para 8 of the advertisement in Employment News it was clear that late application, incomplete application/application without attested copies of academic qualification, age and community will summarily be rejected.