Petitioner challenged non-inclusion in short list for Assistant Pharmacist post. She claimed computer system defect prevented entering experience, yet her profile included it. Court dismissed writ petition, holding General Conditions bar later claims and adherence to notification instructions was required.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939
WP(C).No. 7436 of 2018
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PETITIONER :
HAZEENA M.N. HAZIN NIVAS, ATTAKKULAM, ATTINGAL, THIRUVANANTHAPURAM-695101.
BY ADVS.SRI.P.K.VIJAYAMOHANAN SRI.C.R.SIVAKUMAR
RESPONDENTS :
1. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.
2. THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED REPRESETNED BY ITS MANAGING DIRECTOR, P.B.NO.8, MALAPPURAM-676 505.
R1 BY SRI.P.C.SASIDHARAN, SC, R2 BY SMT.P.R.REENA, SC, BY SMT.MOLLY JACOB,SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp 17/3/2018
WP(C).No. 7436 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: |
TRUE COPY OF THE NOTIFICATION DATED 13.6.2014 OF THE IST RESPONDENT COMMISSION. |
|---|---|
| EXHIBIT P2: |
COPY OF UP DATION OF THE PROFILED OF THE PETITIONER IN THE PPSC WITH EXPERIENCE ON 15.7.2012. |
| EXHIBIT P3: |
COPY OF FORMAT OF THE APPLICATION OF THE PETITIONER DATED 1.7.2014. |
| EXHIBIT P4: |
COPY OF THE REPRESENTATION DATED 9.1.2018 OF THE PETITIONER. |
| EXHIBIT P5: |
COPY OF THE COMMUNICATION NO.ERI IVB (3) 6394/15/EW DATED 5.2.2018 OF THE IST RESPONDENT COMMISSION. |
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp 17/3/2018
P.V.ASHA J.
W.P.(C).No.7436 of 2018
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Dated this the 15th day of March, 2018
J U D G M E N T
Petitioner is aggrieved by the non-inclusion
of her register number in the short list for appointment to the post of Assistant Pharmacist under the second respondent.
PSC, petitioner submitted Ext.P3 application.
According to her, on account of certain defects in the Computer System of the PSC, she could not enter all the qualifications she possessed. Her experience could not be incorporated in her application. It so happened that as against the column “Whether having any experience”, the answer shown was “No”. In fact she is having more experience than what is required
W.P.(C).No.7436 of 2018
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and that was already entered in her registered profile when it was updated as per Ext.P2 on 15.07.2012 and that profile is with the Commission. The last date for submission of application was on 16.07.2014. Based on her application, call letter was issued to her and she appeared in the written test. When the Short list was published on 06.01.2018, her Register Number was not seen in it. It is thereafter that she received Ext.P4 communication, informing her that her application was rejected on the ground that she did not have any experience as per her application. Petitioner has filed this writ petition challenging Ext.P5 and seeking for a direction to the PSC to consider her candidature on the basis of the profile which is available with the PSC in which her Experience is already entered and is already available in Ext.P2.
W.P.(C).No.7436 of 2018
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and the learned Standing Counsel.
updated with experience and it is registered with PSC, petitioner cannot claim that the respondent-PSC has to
find out her profile when she did not submit her application properly. Though, it is unfortunate that the application of a candidate, who is having all the qualifications happened to be rejected on account of an inadvertent or unintended mistake on the part of the candidate, it is to be noted that the notification contains sufficient instructions to the candidates to be vigilant while submitting applications.
W.P.(C).No.7436 of 2018
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In the above circumstances, I do not find any reason to interfere with Ext.P6. Accordingly, this writ petition fails and is dismissed.
Sd/-
P.V.ASHA, JUDGE.
AS
2 issues framed by the court
Whether the petitioner can claim consideration despite failing to include experience in her application when her profile stated otherwise.
Whether the petitioner's non-inclusion in the short list can be challenged given the General Conditions of the notification.
Hazeena M.N. Hazin Nivas
Kerala Public Service Commission
Kerala State Civil Supplies Corporation Limited
P.V. Asha
As recorded by the court registry
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