Diljith V.P vs the Kerala Public Service Commission

Diljith V.P vs The Kerala Public Service Commission

Type Court Judgment Court Kerala Decided Jun 26, 2024

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https://sooperkanoon.com/case/1309230

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Citation: sooperkanoon.com/1309230
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mr. Justice S.Manu
Decided On: Jun 26, 2024
Case Number: OP(KAT)/482/2019

Parties & Advocates

Appellant / Petitioner

Diljith V.P

Respondent

The Kerala Public Service Commission

Excerpt

.....(carpentry). the psc accepted the equivalency of the notified qualification submitted by the party respondent. this was questioned by the petitioner. the tribunal dismissed the challenge. this is how the petitioner approached this court.2. in fact, in a recent judgment of this court in sanjai.a.t. v. state of kerala [2024 khc online 1068] this court held as follows:-“therefore, the law is clear. if kpsc stipulates that part 2 r.10(a)(ii) of ks&ssr would apply in such notification, it means that all candidates who do not possess the prescribed qualification can be considered for inclusion in the list on obtaining declaration as to the equivalency by the government subsequently and they cannot be excluded stating that the equivalencywas granted long after the last date prescribed for receiving application or after the publication of the rank list. in such circumstances, we are of the view that in the light of the clear stipulation in the notification, based on subsequent declaration of equivalency by the government, kpsc rightly included the candidates who possessed nctv or scvt in the rank list and select list. that cannot be said to be illegal. accordingly. all the original petitions are dismissed.”3. there is no dispute with regard to the fact thatthe notification itself stipulates the equivalency of qualification can be considered. further we note that rank list has expired. nothing further survives in this original petition. the o.p.(kat) stands dismissed. sd/- a.muhamed mustaque, judge sd/- s.manu, judge skj appendix of op(kat) 482/2019 petitioner's exhibits exhibit p1 true copy of o.a.no.1825/2018 filed before the hon'ble kerala administrative tribunal, ernakulam bench dated 28.9.2018. annexure a1 true copy of national trade certificate issued by the secretary state council for vocational training dated 3.5.2010. annexure a2 true copy of the certificate issued by the village officer, kakkodi dated 24.10.2017. annexure a3 true copy of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR. JUSTICE S.MANU WEDNESDAY, THE 26TH DAY OF JUNE 2024 / 5TH ASHADHA, 1946 OP(KAT) NO. 482 OF 2019 AGAINST THE ORDER DATED 27.09.2019 IN OA (EKM) NO.1825 OF 2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER: DILJITH V.P AGED 30 YEARS S/O. GOPALAN V P, RESIDING AT VATTAMPARAMBATH, PADINJHATTUMMURI, KAKKODI, KOZHIKODE, KERALA-673611. BY ADVS. E.N.VISHNU NAMBOODIRI SRI.P.SANKARAN NAMPOOTHIRI SRI.P.REJINARK SRI.NARAYANAN P POTTY SRI.M.K.SASEENDRAN (MELEL) RESPONDENTS: 1 THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY, KERALA. 2 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR-670001, KERALA. 3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TECHNICAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001. 4 RANJITH P PADANNAYIL, KIZHUR, KOZIHKODE, PIN-673522, KERALA. 5 RAJESH V PARACKAL PUTHEN VEEDU, VADUTHALA, PONMANA, PUTHENCHANTHA, KOLLAM, PIN-691587. 6 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001. 7 DIRECTOR OF TECHNICAL EDUCATION, FORT.P.O, THIRUVANANTHAPURAM-695023. BY ADVS. SRI.P.C.SASIDHARAN, SC, KPSC SRI.VARUN C.VIJAY SMT.VINITHA.B.-SR.G.P. THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.MUHAMED MUSTAQUE & S.MANU, JJ. ------------------------------------------------------ ------------------------------------------------------- Dated this the 26th day of June, 2024

JUDGMENT

A.MUHAMED MUSTAQUE, J.

The challenge is at the instance of a candidate who was included in the list for appointment as Tradesman (Carpentry). The PSC accepted the equivalency of the notified qualification submitted by the party respondent. This was questioned by the petitioner. The Tribunal dismissed the challenge. This is how the petitioner approached this Court.

2. In fact, in a recent judgment of this Court in Sanjai.A.T. v. State of Kerala [2024 KHC OnLine 1068] this Court held as follows:-

“Therefore, the law is clear. If KPSC stipulates that Part 2 R.10(a)(ii) of KS&SSR would apply in such notification, it means that all candidates who do not possess the prescribed qualification can be considered for inclusion in the list on obtaining declaration as to the equivalency by the Government subsequently and they cannot be excluded stating that the equivalency

was granted long after the last date prescribed for receiving application or after the publication of the rank list. In such circumstances, we are of the view that in the light of the clear stipulation in the notification, based on subsequent declaration of equivalency by the Government, KPSC rightly included the candidates who possessed NCTV or SCVT in the rank list and select list. That cannot be said to be illegal. Accordingly. all the original petitions are dismissed.”

3. There is no dispute with regard to the fact that

the notification itself stipulates the equivalency of qualification can be considered. Further we note that rank list has expired. Nothing further survives in this original petition. The O.P.(KAT) stands dismissed. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- S.MANU, JUDGE skj APPENDIX OF OP(KAT) 482/2019 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF O.A.NO.1825/2018 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 28.9.2018. ANNEXURE A1 TRUE COPY OF NATIONAL TRADE CERTIFICATE ISSUED BY THE SECRETARY STATE COUNCIL FOR VOCATIONAL TRAINING DATED 3.5.2010. ANNEXURE A2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KAKKODI DATED 24.10.2017. ANNEXURE A3 TRUE COPY OF THE NOTIFICATION APPEARED IN GAZETTE DATED 29.12.2015. ANNEXURE A4 TRUE COPY OF APPLICATION DATED 13.1.2016 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT. ANNEXURE A5 TRUE COPY OF RANK LIST PUBLISHED BY THE 1ST RESPONDENT. ANNEXURE A6 TRUE COPY OF JUDGMENT IN OA NO.2473/2016 DATED 7.8.2018 OF THIS HON'BLE TRIBUNAL. EXHIBIT P2 TRUE COPY OF REJOINDER IN OA NO.1825/2018 DATED 8.2.2019 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. ANNEXURE A7 TRUE COPY OF JUDGMENT DATED 5.12.2018 IN CIVIL APPPEAL NOS.11853 AND 11854 OF 2018 OF THE HON'BLE SUPREME OF INDIA. EXHIBIT P3 TRUE COPY OF REPLY STATEMENT IN OA NO.1825/2018 DATED 23.1.2019 FILED BY THE RESPONDENTS 1 AND 2. EXHIBIT P4 TRUE COPY OF REPLY STATEMENT IN OA NO.1825/2018 DATED 28.1.219 FILED BY THE 4TH RESPONDENT. ANNEXURE R4(A) TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE PERTAINING TO 4TH RESPONDENT. ANNEXURE R4(B) TRUE COPY OF DIPLOMA CERTIFICATE IN WOOD

AND PAPER TECHNOLOGY(E YEARS COURSE) DATED 10.07.2007 ISSUED BY THE STATE BOARD AND TECHNICAL EDUCATION. EXHIBIT P5 TRUE COPY OF ORDER DATED 27.09.2019 IN OA NO.1825/2018 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 21.08.2019 PASSED BY THE HON'BLE SUPREME COURT IN AJITH K AND OTHERS VS. ANEESH K.S. AND OTHERS(CIVIL APPEAL NO.6178/2019)

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