Dismissed

Shylaja S. v. the K.P.S.C. Rep. by the Secretary

Kerala HC4 Nov 2016WP(C)/8318/2014

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the rejection of the petitioner's appointment to the post of Accounts Officer. The petitioner argued a subsequent amendment to recruitment rules modified qualification requirements, but the Court held subsequent amendments cannot save an unqualified applicant who applied under an earlier notification.

What did the court decide?

Writ petition dismissed. No costs.

Shylaja S. Vs the K.P.S.C. Rep. by the Secretary — Service and Employment | Kerala HC (2016)

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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.MUHAMED MUSTAQUE

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FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938

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WP(C).No. 8318 of 2014 (L)

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PETITIONER(S):

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SHYLAJA S., AGED 35 YEARS, W/O. SANTHOSH KUMAR, SANTHOSH BHAVANAM, PARACODE, ADOOR, PUTHUMALA P.O., KOLLAM-691 554.

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BY ADVS.SRI.T.B.HOOD SMT.M.ISHA

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RESPONDENT(S):

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1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.

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2. KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR, PALAYAM P.O., THIRUVANANTHAPURAM-695 033.

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3. STATE OF KERALA,

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REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R2 BY ADV. SRI.GEORGE POONTHOTTAM, SC R3 BY SENIOR GOVERNMENT PLEADER SRI.B.VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 8318 of 2014 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : COPY OF THE MARK LIST OF B.COM. DEGREE OF THE PETITIONER ISSUED BY UNIVERSITY OF KERALA, DTD.14.8.1999.

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P2 : COPY OF THE CERTIFICATE OF B.COM. OF THE PETITIONER ISSUED BY THE UNIVERSITY OF KERALA DTD.5.5.2000.

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P3 : COPY OF THE CERTIFICATE OF M.COM. OF THE PETITIONER ISSUED BY THE UNIVERSITY OF KERALA, DTD.12.4.2007.

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P4 : COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION DTD.16.4.2010 CATEGORY NO.87/2010.

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P5 : COPY OF THE ADMISSION TICKET OF EXAMINATION HELD ON 7.9.2012 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER.

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P6 : COPY OF THE SHORT RANKED LIST PUBLISHED BY THE PUBLIC SERVICE COMMISSION FOR THE POST OF ACCOUNTS OFFICER.

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P7 : COPY OF THE REJECTION LETTER ISSUED BY THE PUBLIC SERVICE COMMISSION TO THE PETITIONER DTD.4.2.2014.

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P8 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, K.P.S.C., THIRUVANANTHAPURAM, DTD.20.2.2014.

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RESPONDENT(S)' EXHIBITS:

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------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 8318 of 2014

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Dated this the 4^th day of November, 2016

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J U D G M E N T

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1.Challenging Ext.P7 issued by the 1^st respondent, rejecting the appointment of the petitioner to the post of Accounts Officer, the petitioner has come up before this Court.

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2.The petitioner applied for the post of Accounts Officer, notified by the PSC as per Ext.P4 notification for appointment in the 2^nd respondent bank. The

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qualifications prescribed for the said post, as per Ext.P4 notification, were as follows;

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“7. Qualifications:-

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Graduation from the recognised university with not less than 50% of marks in the aggregate; and Higher Diploma in Co-operation (HDC or HDM & BM of the State Co-operative union of Kerala or HDC and HDCM of National Council for Co-operative Training or successful completion of the Subordinate (Junior) Personal Co-operative Training Course (Junior). Diploma in Co-operation.

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B.Sc. (Co-operation with Banking) of Kerala Agricultural University.

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MBA/ CA/ CWA/ M.Com/ M.Sc. (Co-operation and

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..2..

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W.P.(C) No. 8318 of 2014

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Banking) of the Kerala Agricultural University will be a preferential qualification.”

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3.Admittedly, the petitioner did not have the qualification

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of HDC prescribed in Ext.P4 notification. The notification was published on 16.04.2010 and the OMR test was conducted on 07.09.2012. Her case is that an amendment was brought in, to the Kerala Co-operative Service Rules and Recruitment Rules on 02.11.2010 (subsequent to the notification) as per G.O.(P) No.172/2010/Co-op dated 02.11.2010, by which, the essential qualification has been modified as B.Com (with Co-operation). Hence, according to her, as she is having requisite qualification as per the amendment, she ought to have been considered for the post.

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4.This Court passed an interim order on 21.05.2014, directing the petitioner to be interviewed provisionally. Accordingly, the petitioner participated in the interview.

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5.As materials stands now, there is no dispute as to the qualification of the petitioner at the time of submitting

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W.P.(C) No. 8318 of 2014

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..3..

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the application. The question to be considered is whether the subsequent amendment would save the petitioner to be considered for appointment to the post. It is settled law that the qualification in the notification is a prescribed norm for consideration of a candidate to a notified post. No candidate can be considered for a notified post by virtue of the subsequent amendment made to the Rules. Certainly, there might be other candidates, who could not have applied for the said post for not having the prescribed qualification as per Ext.P4 notification. In fact, the petitioner has applied for a post, for which she was not qualified. No right for consideration can be created by responding to a notification by a person, who is not qualified. In that view of the matter, there is no merit in the matter.

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6.Therefore, the writ petition is dismissed. No costs.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Shylaja S. v. the K.P.S.C. Rep. by the Secretary

Case brief

What is this about?

What did the court decide?

Shylaja S. v. the K.P.S.C. Rep. by the Secretary

Case brief

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What did the court decide?

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