Disposed

Shiju Sekhar v. Saju George

Kerala HC11 Jul 2018Con.Case(C)/1272/2018

Case brief

AI extract

What is this about?

In a contempt petition regarding delay in publishing a merit list fortypists, the Kerala Public Service Commission filed an affidavit admitting delay and agreeing to proceed without a proficiency test. The Court found the grievance addressed and closed the proceeding.

What did the court decide?

The contempt case was closed and order delivered admitting delay and reducing the scope of assessment.

Shiju Sekhar Vs Saju George — Kerala HC (2018) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940

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Con.Case(C).No. 1272 of 2018 IN WA. 1822/2017

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PETITIONER(S)/APPELLANT

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SHIJU SEKHAR, S/O.CHANDRASEKHARAN, AGED 45 YEARS, KULLATHUNKAL HOUSE, MADAPALLY P.O., CHANGANASSERRY, KOTTAYAM-686 546.

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BY ADVS.SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.RIYA RAYMOL IYPE SMT.MAITREYI SACHIDANANDA HEGDE

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RESPONDENT(S)/RESPONDENT:

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SAJU GEORGE,

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FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM -695 004.

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R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11-072018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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scl.

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HRISHIKESH ROY, Ag.CJ &

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A.K.JAYASANKARAN NAMBIAR, J.

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Cont.Case (Civil) No. 1272 of 2018

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Dated this the 11^th day of July, 2018

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JUDGMENT

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Hrishikesh Roy, Ag.CJ.

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Heard Adv.Sri.Kaleeswaram Raj, the learned counsel for the petitioner as also Adv.Sri.P.C.Sasidharan, the learned counsel for the Kerala Public Service Commission.

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Pursuant to the last order dated 3.7.2018, an affidavit was filed by the respondent on 8.7.2018. The affidavit shows that the Kerala Public Service Commission has decided to dispense with the proficiency test, to assess the qualification of the candidates being considered, for the post of L.D.Typist in the Kerala State Civil Supplies Corporation Ltd. It is also averred that those who were earlier found eligible, in accordance with academic and technical criterion, will now be assessed and a rank list will be published within a month. This will be done without insisting on a proficiency test as an eligibility qualification.

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The relevant paragraphs 10 to 15 of the affidavit of the KPSC, are extracted below:

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“------------------------------------------------------------------------------------

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It is submitted that the Commission examined the entire aspect of the matter again and resolved to revise the earlier decision to conduct a practical proficiency test to assess the 4^th qualification. It is submitted that the Commission is enabled to decide such matters as provided in the Rules of Procedure of the Commission. The

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Cont.Case (C) No. 1272/2018

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-2-

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Commission on in-depth consideration of the entire aspect of the matter resolved to dispense with the proficiency test and decided to publish a ranked list by including those who was eligible in accordance with the academic and technical qualification.

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It is submitted that all the applications which were earlier rejected were subjected to re-scrutiny in the light of documents produced by them.

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It is submitted that the process of preparing the ranked list for the post is underway that it is expected that the ranked list can be published within a month.

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The petitioner will also be included in the ranked list if otherwise eligible and satisfies the other conditions without insisting on the satisfaction of the 4 qualification independently.

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The Commission has taken earnest efforts and steps for redressal of the grievance not only of the petitioner but also of similarly placed candidates as well. Hence it took some time to finalise the same. The delay caused in the matter is highly regretted.

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The ranked list will be published and finalized this month itself and the candidate will be advised to the post according to the ranking in the ranked list. The inconvenience caused to the court is highly regretted and the Commission tender its unconditional apology for the delay caused in finalizing the ranked list.

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--------------------------------------------------------------------------------------”

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Having considered the above stand of the KPSC, as also the submissions

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made by the learned counsel for the parties, we feel that further intervention of the court in the Contempt proceedings is unnecessary. Accordingly, this case is ordered to be closed.

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Sd/-

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HRISHIKESH ROY Acting Chief Justice

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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Judge

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Scl/11.07.2018

Shiju Sekhar v. Saju George

Case brief

What is this about?

What did the court decide?

Shiju Sekhar v. Saju George

Case brief

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What did the court decide?

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