Allowed

Udayakumar P.K. v. Kerala State Electricity Board

Kerala HC20 Oct 2014WP(C)/4564/2012

Case brief

AI extract

What is this about?

Writ petition filed by diploma holders against a PSC notification inviting certificate holders to apply for 10% in-service quota posts. The court held the notification was erroneous as it ignored a 1971 board order limiting vacancies to diploma holders. The notification was quashed to that extent.

What did the court decide?

Ext.P18 notification quashed to the extent of allowing certificate holders to partake in selection; PSC directed to issue modified notification.

Udayakumar P.K. Vs Kerala State Electricity… — Pension and Retirement Benefits | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936

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WP(C).No. 4564 of 2012 (U)

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PETITIONERS:

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UDAYAKUMAR P.K. S/O KUMARAN, OVERSEER, ELECTRICALO SECTION CHERAI, NOW RESIDING AT POTTAYIL HOUSE, EZHIKKARA P.O. NORTH PARAVOOR.

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UNNIKRISHNAN S.C, S/O. K.C. THAMPI, OVERSEER, ELECTRICAL SECTION PERINYANAM, RESIDING AT SIVAVILAS, EZHIKKARA P.O NORTH PARUR, ERNAKULAM.

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CHANDRASEKHARAN K.R, S/O RAMAKRISHNA MARAR, OVERSEER (ELECTRICAL), SECTION VELLOORKUNNAM RESIDING AT KUTTIKKATTIL HOUSE THRIKKALATHOOR P.O-683577.

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V.S. UNNIKRISHNAN, S/O. SREEDHARAN, OVERSEER, ELECTGRICAL SECTION THRIKKAKKARA, NOW RESIDING AT VATHUVETTIL, KUMBALAM.

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V. MANOJKUMAR,

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S/O VELAPPAN NAIR, OVERSEER, ELECTRICAL SECTION THRIPUNITHURA, NOW RESIDING AT KONATTUR HOUSE ERUMBANAM P.O. THRIPUNITHURA.

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BY ADVS.SRI.A.J.VARGHESE

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SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.JOSE. V.V. SRI.C.P.SUDHAKARA PRASAD (SR.)

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RESPONDENTS: ------------

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KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,

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PATTOM, THIRUVANANTHAPURAM-695 004.

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THE CHIEF ENGINEER (H.R.M) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM-695004.

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KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM-695004.

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STATE OF KERALA

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REP. BY SECRETARY, DEPARTMENT OF POWER, SECRETARIAT THIRUVANANTHAPURAM.PIN 695001.

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WPC No.4564 of 2012 2

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Addl.R5. SRI.PRAMOD.T.S. WORKING AS OVERSEER, ELECTRICAL CIRCLE, KOTTAYAM KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE KOTTAYAM,KOTTAYAM DISTRICT RESIDING AT THADATHIL HOUSE NATTAKAM, KOTTAYAM, PIN -686001. (ADDL.R5 IS IMPLEADED IN A REPRESENTATIVE CAPACITY FOR THE CERTIFICATE HOLDERS VIDE ORDER DATED 09/09/2013 IN IA 12107/2013.)

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Addl.6. AUGUSTIN.A.J. OVERSEER, ELECTRICAL SECTION, KOOTICKAL S/O.JOSEPH, AGED 47 YEARS, ALAKKAPARAMBIL VELANILAM.P.O., KOOTICKAL, KOTTAYAM DISTRICT. Addl.7. ROY MATHEW OVERSEER, ELECTRICAL SECTION, UPPUTHARA AGED 46 YEARS, S/O.MATHEW, PATTUPARA HOUSE AYYAPPANKOVIL.P.O., MARYKULAM, IDUKKI. (ADDL. R6 & R7 ARE IMPLEADED AS PER ORDER DATED 20/12/2013 IN IA 17322/2013.) R1,R2 BY ADV. SRI.K.S.ANIL, SC, KSEB R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R4 BY GOVERNMENT PLEADER SRI.P.V.ELIAS R5 BY ADV.A.J.VARGHESE ADDL 6 & 7 BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL ADDL. BY ADV. SRI.S.RAJASEKHARAN NAIR ADDL. BY ADV. SRI.RAJU SEBASTIAN VADAKKEKKARA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No.4564 of 2012 3

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	PHOTOCOPY OF THE AMENDED ORDER NO.EC IV 1703/71 DATED TRIVANDRUM 1/11/1971
EXT.P2	COPY OF THE CIRCULAR NO.EO 2/727/SE/99 DATED 24-11-1999 ISSUED BY THE CHIEF ENGINEER HRM
EXT.P3	PHOTOCOPY OF THE PROFORMA FOR REPORTING OF 10% VACANCIES TO THE PSC
EXT.P4	PHOTOCOPY OF THE B.O NO MV 3600/67/28-12-1967
EXT.P5	PHOTOCOPY OF THE B.O NO.AR III 36591/78 DATED 23-1-1981
EXT.P6	PHOTOCOPY OF THE B.O NO.934/98(ESTT.II/893/97 DATED THIRUVANANTHAPURAM 28-04-1998
EXT.P7	PHOTOCOPY OF THE JUDGMENT IN W.A NO.786/2001
EXT.P8	PHOTOCOPY OF THE JUDGMENT IN W.A NO.326/2002 OF THE HIGH COURT OF KERALA
EXT.P9	PHOTOCOPY OF THE ORDER B.O.(CM) NO.2490/2009 DATED 26-09-2009 ISSUED BY THE BOARD SECRETARY.
EXT.P10	PHOTOCOPY OF THE L.A(S) III/12005/2010 DATED THIRUVANANTHAPURAM 11-2-10
EXT.P11	PHOTOCOPY OF THE CIRCULAR NO.LF.IV/6187/2011 DATED 26-09-2011
EXT.P12	PHOTOCOPY OF THE CIRCULAR NO.B1-17175/2004/CEI DATED 18-09-2004 ISSUED BY THE GOVERNMENT OF KERALA
EXT.P13	PHOTOCOPY OF THE LETTER NO CEA/E&C/1/20/2011 LEGAL/363 DATED 26-05-2011 ALONG WITH ANNEXURE
EXT.P14	PHOTOCOPY OF THE QUESTION ASKED UNDER THE RIGHT TO INFORMATION ACT DATED 14-03-2011 ADDRESSED TO THE PSC'S INFORMATION OFFICER.
EXT.P15	PHOTOCOPY OF THE LETTER NO.I.D.S. 194) 8961/11/G.W DATED 31-03-2011 OF THE INFORMATION OFFICER OF THE PSC
EXT.P16	PHOTOCOPY OF THE REPRESENTATION DATED 4-6-2011
EXT.P17	PHOTOCOPY OF THE LETTER NO IDS 1(4) 8951/11 G.W DATED 17-06-2011
EXT.P18	PHOTOCOPY OF THE NOTIFICATION DATED 31-12-2011 IN RESPECT OF CATEGORY NO.487/2011
EXT.P19	PHOTOCOPY OF THE BOARD ORDER NO.B.O.RL.3526/1973(2) DTD.18.4.1975, THIRUVANANTHAPURAM.

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WPC No.4564 of 2012 4

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EXT.P20	COPY OF THE LETTER NO.ESTT.II-15218/89 DTD.28.8.1990 ISSUED BY THE SECRETARY, KSEB ADDRESSED TO THE SECRETARY OF THE PSC.
EXT.P21	COPY OF THE LETTER NO.III(3)1054/90/CW DTD.30.9.1991 ISSUED BY THE THIRD RESPONDENT.
EXT.P22	COPY OF THE LETTER SENT BY THE KERALA STATE ELECTRICITY BOARD TO THE GOVERNMENT.
EXT.P22(A)	READABLE COPY OF EXT.P22 LETTER SENT BY THE KERALA STATE ELECTRICITY BOARD TO THE GOVERNMENT.
EXT.P23	PHOTOCOPY OF LETTER NO.ESTT.II/15218/89 DTD.7.4.2000 SENT BY THE SECRETARY, KSEB TO THE GOVT.
EXT.P24	PHOTOCOPY OF THE LETTER NO.3613/A2/2000/PD DATED 2.2.2001 ISSUED BY THE SECRETARY TO GOVT.POWER(A) DEPARTMENT.
EXT.P25	PHOTOCOPY OF THE NOTE FILE OF THE BOARD PERTAINING TO THE NECESSITY OF RECTIFICATION OF THE NOTIFICATION ISSUED BY THE PSC POINTED OUT IN THE NOTE FILE OF THE KERALA STATE ELECTRICITY BOARD WITHOUT ANNEXURES.
EXT.P26	PHOTOCOPY OF THE NOTE OF THE CHIEF ENGINEER (HRM) TO THE SECRETARY, KSEB.
EXT.P27	PHOTOCOPY OF PSC'S CALENDAR FOR THE SUB ENGINEERS TEST UNDER 10% QUOTA PROPOSING TO SCHEDULED IN THE MONTH OF JULY 2013.
EXT.P28	PHOTOCOPY OF B.O.(FM)No.1193/2013 (M/T7GO) TI/GI/ 2013-2014 DTD.30.5.2013 ISSUED BY THE SECRETARY OF THE KSE BOARD.
EXT.P29	TRUE COPY OF ORDER DATEAD 16.8.1973 ISSUED BY THE KSEB ALONG WITH THE ANNEXURE.
EXT.P30	TRUE COPY OF THE BOARD ORDER DATED 10.1.2001 ISSUED BY THE KSEB.
EXT.P31	TRUE COPY OF THE NOTE SENT BY THE CHIEF ENGINEER (HRM) TO THE SECRETARY, KSEB IN SEPTEMBER 2012.
EXT.P32	TRUE COPY OF THE COMMUNICATION DATED 29.1.2014 SENT BY THE CHIEF ENGINEER (HRM) TO THE SECERTARY, PSC ALONG WITH THE PROFORMA FOR REPORTING THE VACANCIES.

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RESPONDENTS' EXHIBITS NIL.

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True copy

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P.S.TO JUDGE

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A.V.RAMAKRISHNA PILLAI, J

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W.P.(C) No.4564 of 2012

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Dated this the 20^th day of October, 2014

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JUDGMENT

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This writ petition is filed for a direction to make necessary corrections in Ext.P18 notification inviting applications for the post of Sub Engineer (Electrical) under 10% quota reserved for in-service candidates set apart for diploma holders, excluding certificate holders from the category of eligible persons to apply for the post. It is prayed to quash clauses 7(2)(b) and

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The petitioners are presently working as Overseers in electrical sections of various offices of the respondent Electricity Board. The petitioners are diploma holders and they allege that they are eligible and legally entitled to be appointed to the post of Sub

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WPC No.4564 of 2012 2

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Engineers under 10% quota earmarked for the overseers of the Board who have Diploma in Engineering. The respondent Board as per Ext.P1 order dated 1.11.1971 amended the method of appointment to the post of Ist Grade Overseer prescribed in Ext.P4 in the year 1967. As per the amended order, the appointment to the post of Ist Grade Overseer (now re-designated as Sub Engineer) will be in the ratio of 1:1 between direct recruitment and promotions.

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The petitioners allege that in the respondent Board, Sub Engineers are the persons entrusted with the supervision work and control over the high tension lines and this position has been affirmed as per Ext.P12 circular dated 18.9.2004. In Ext.P12, it is stated that the qualification of the persons who are eligible to supervise and to be engaged in high tension and extra high tension are diploma holders and B.Tech holders. It is further alleged that as per Ext.P13

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WPC No.4564 of 2012 3

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letter dated 26.5.2011, it was informed by the Central Electricity Authority that in the State of Kerala unqualified hands are dealing with high tension and extra high tension which is against the rules. It is further alleged that the PSC as per Ext.P17 informed that the documents which prescribes the qualification for appointment under 10% quota from among board employees are not available with the said office. According to the petitioner, it is the basic document which prescribes qualification to be relied on while issuing the notification under 10% quota.

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The grievance of the petitioners is that the

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respondent Public Service Commission has now issued Ext.P18 notification inviting applications from the certificate holders too besides the diploma holders to the post of Sub Engineers under the 10% quota in total violation of Ext.P1 which was affirmed by two Division Benches of this Court as could be seen from Exts.P7 and P8. The petitioners allege

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WPC No.4564 of 2012 4

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that the said action is illegal and the wilful silence and inaction on the part of the respondent Board in not pursuing the PSC to correct the mistake and effect selection process as per Ext.P1 would adversely affect the protection granted by the Board to the persons like the petitioners.

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5.The third respondent PSC filed a counter affidavit contending that Ext.P18 notification was prepared as per Ext.P4 Board order dated 28.12.1967. Ext.P5 Board order dated 23.1.1981 deals with the recruitment method and qualification prescribed for recruitment by promotion in 60% vacancies by the Board. It is further stated that Ext.P4 Board order dated 28.12.1967 deals with the qualifications prescribed for direct recruitment and states that the qualifications prescribed for direct recruitment is also considered for 10% departmental quota recruitment. Therefore, it was contended that certificate holders also can apply for the post. The Public Service Commission maintained

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WPC No.4564 of 2012 5

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the stand that the notification was issued by the Commission in accordance with the Board orders prescribed for the method of appointment and qualification.

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I have heard the learned senior counsel appearing for the petitioners and the learned counsel for the respondent Board and the learned standing counsel for the PSC.

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The grievance of the petitioners is that Ext.P18 notification allows certificate holders to partake in the selection process to the post of Sub Engineer, Electrical under 10% quota reserved for in service candidates set apart for diploma holders. Ext.P3 is the proforma for reporting 67 vacancies for appointment to the post of Sub Engineer (Electrical) as on 3.11.2009 by the Chief Engineer (HRM) of the Board.

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It is crucial to note that in that proforma the most relevant board order i.e. Ext.P1, regarding the recruitment to the post was not noticed. Therefore,

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WPC No.4564 of 2012 6

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the fact that the Diploma in Electrical Engineering or Diploma in Electronics and Communication Engineering or Diploma in Electronics Engineering alone are the qualification prescribed by the KSE Board for direct recruitment to both open vacancies and 10% in service vacancies was not brought to the notice of the PSC. According to the petitioners, a mistake occurred in Ext.P18 by giving a wrong interpretation to Ext.P5 board order dated 23.1.1981. It could be seen from Ext.P1 that 1:1 ratio for direct recruitment and promotion to the post of Sub Engineer (Electrical) was prescribed by the Board. Out of the 50% vacancies earmarked for direct recruitment, 10% is for direct recruitment from in service candidates possessing diploma qualification. Thereafter the Board issued Board order dated 16.8.1973 prescribing the revised qualifications shown in Annexure to that order to regulate promotions to the category of Ist Grade Overseer (Electrical) to those who have been

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WPC No.4564 of 2012 7

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appointed to the Board service on or after 15.8.1971. It is relevant to note that it was after

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Ext.P29, Ext.P19 order dated 18.4.1975 was issued stating that for direct recruitment to the 10% quota to in-service candidates, 3 years service in the next lower category, viz. II^nd Grade Overseer (Electrical) including Draftsman was prescribed. After that Ext.P5 Board order dated 23.1.1981 was issued amending the method of appointment to the post of Ist Grade Overseer (Electrical) and also making changes in Ext.P29. By the issuance of Ext.P5, the ratio for direct recruitment was reduced from 50% to 40% and it was specified that 40% is reserved for direct recruitment and 10% is reserved for inservice candidates. The qualification shown in the Annexure contained in Ext.P29 was also changed by Ext.P5. Ext.P5 qualification refers to promotion which is dealt within Ext.P29. Therefore, after the issuance of Ext.P5 also, the qualification for direct recruitment continued to be Diploma in Electrical

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WPC No.4564 of 2012 8

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Engineering. However, those who have completed three years service either in the category of II^nd Grade Draftsman or in the category of II^nd grade draftsman alone were eligible. Thereafter Ext.P6 Board order was issued prescribing Diploma in Electronics and Communication also as a qualification for direct recruitment to the post of Sub Engineer (Electrical). Thereafter on 10.1.2001, Ext.P30 Board order was issued prescribing diploma

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in electrical engineering also as an alternate qualification for direct recruitment to the post of Sub Engineer (Electrical). In Ext.P31 Note given by the Chief Engineer of the respondent Board in September 2012, it is clarified that 10% quota for in service candidates are meant for diploma holders only. Further, the vacancies earmarked for direct recruitment of 10% was 305 and the number of persons working was only 90. That means 215 vacancies were available at that time in the quota reserved for direct recruitment or in-service

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WPC No.4564 of 2012 9

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candidates. Thereafter the Chief Engineer (HRM), by Ext.P32 communication dated 29.1.2014 addressing the Secretary of the Kerala Public Service Commission, reported 180 vacancies in the 10% quota of in-service candidates. There, the qualification shown are SSLC and Diploma in Electrical Engineering or Diploma in Electronics and Communication and Diploma in Electronics. From the proforma for reporting the vacancies contained therein, it could be seen that Ext.P1 Board order which the board failed to bring to the notice of the PSC earlier was specifically mentioned. More over, Ext.P5 Board order which resulted in giving wrong interpretation regarding the qualifications for direct recruitment was excluded in that communication. Therefore, Ext.P32 clarifies the position that in the earlier communication reporting the vacancies of 10% quota of in-service candidates, there occurred a mistake in failing to mention Ext.P1 and by mentioning Ext.P5 and giving it a wrong

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WPC No.4564 of 2012 10

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interpretation, Ext.P18 notification happened to be issued mistakenly. That mistake is now required to be corrected in Ext.P32. The aforesaid mistake was requested to be corrected by the Chief Engineer (HRM) as early as on 11.4.2012 through Ext.P26 Note which reads as follows:

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“In the above circumstance, the matter may be examined and appropriate direction may be given to Kerala public Service Commission to get the notification rectified based on the Board order dated 1.11.1971. Please treat the matter as most urgent as the last date for accepting the application vide the above Kerala Public Service Commission Notification has already elapsed.”

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But the Secretary of the KSE Board has not given any necessary information to the PSC which lead to the present complications. Therefore, Ext.P18 notification requires a rectification and without rectification of Ext.P18, as requested by the Chief Engineer in Ext.26 in terms of Ext.P32, the PSC shall not be allowed to proceed with further selection to the post of Sub Engineer (Electrical) in 10% quota.

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WPC No.4564 of 2012 11

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Therefore, this writ petition is allowed.

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Ext.P18 is quashed to the extent of allowing the certificate holders to partake in the selection to the post of Sub Engineer(Electrical) under 10% quota set apart for diploma holders in terms of Ext.P1 board order.

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The respondent PSC is directed to issue modified notification as requested in Ext.P26 and in terms of Ext.P32 and shall proceed with the further selection to the post of Sub Engineer (Electrical) in 10% quota in accordance with the corrected notification.

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Sd/-A.V.RAMAKRISHNA PILLAI

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JUDGE

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css/ true copy

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P.S.TO JUDGE

Udayakumar P.K. v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Udayakumar P.K. v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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