Dismissed

Ramya Ravindran P., v. Kerala Public Service Commission

Kerala HC1 Nov 2019OP(KAT)/132/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the application seeking correction of caste status in a public service recruitment form after the last date and selection completion. The Court affirmed the Tribunal's rejection, holding that mistakes caused by negligence cannot be cured post deadline.

What did the court decide?

Application rejected; original application dismissed; no order as to costs.

Ramya Ravindran P., Vs Kerala Public Service… — Pension and Retirement Benefits | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

¶7

OP(KAT).No.132 OF 2019

¶8

AGAINST THE ORDER IN OA NO.1549/2017 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

¶9

PETITIONER/APPLICANT:

¶10

RAMYA RAVINDRAN P., AGED 31 YEARS W/O.PRAKAS GEORGE, REMYA BHAVAN, PUNALAL P.O., THIRUVANANTHAPURAM - 695 575, NOW RESIDING AT CHELLA BAI HOUSE, THUNDATHIL P.O., KARYAVATTOM, THIRUVANANTHAPURAM - 695 581.

¶11

BY ADVS. SRI.M.FATHAHUDEEN SRI.JELSON J.EDAMPADAM

¶12

RESPONDENTS/RESPONDENTS:

¶13

1 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KPSC HEAD OFFICE, PATTOM, THIRUVANANTHAPURAM - 695 004.

¶14

2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶15

3 SAJI S.S., RESIDENT OF T.C.8/344, AJI BHAVAN, ALAPPURAM, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.

¶16

OP(KAT).No.132 OF 2019

¶17

¶18

4 HELEN S., RESIDENT OF CHRIST BHAVAN, KOVIL VILLA, VEDIVACHAN KOVIL P.O., THIRUVANANTHAPURAM - 01.

¶19

SR.GP SRI.ANTONY MUKKATH

¶20

THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

OP(KAT).No.132 OF 2019

¶22

¶23

JUDGMENT

¶24

K. Vinod Chandran, J.

¶25

The applicant before the Tribunal claimed that she, by an inadvertent omission, failed to notice her real community in the application made for the post of Arithmetic-cum-Drawing Instructor in the Industrial Department. The applicant belongs to the SIUC Nadar Community, which is an Other Backward Community eligible for reservation. The applicant also asserts that she realised the mistake and after that she had been constantly running from pillar to post to get it modified. But however, the Public Service Commission [PSC] expressed its helplessness in correcting the application form after the last date. We have to immediately notice that, but for the assertion there is nothing to prove that she had been to the PSC Office; which in any event is quite irrelevant,

¶26

OP(KAT).No.132 OF 2019 4

¶27

since the profile of the petitioner remained unaltered on the last date of application.

¶28

2. The Tribunal rejected the claim of the

¶29

applicant. The applicant before the Tribunal relied on Annexure A8 Circular, which permitted correction of the details, furnished before the selection is completed if a bonafide mistake had occurred. The PSC produced Annxure R1(a), which modified Annexure A8 after the online applications were brought in vogue. There was a system of One-Time Registration introduced, in which the Profile of the applicant, once uploaded could be accessed for any subsequent selection also. The Profile could also be changed,

¶30

but with respect to a particular selection, only before the last date of application.

¶31

3. The learned Standing Counsel for the

¶32

PSC also further explains that once a profile is uploaded and certificates are verified by the Commission, the Commission goes by that in all

¶33

OP(KAT).No.132 OF 2019 5

¶34

other selections, where the candidate applies in the same profile. In fact corrections could be made in the profile at any time when a fresh application is filed. It is also submitted that before the last date of the application at any time there could be a correction made in the profile and a further application submitted to the PSC. In such circumstances, the contention of the petitioner that she had been constantly approaching the authorities of the PSC for changing her declared status of general candidate, to one of reservation is belied.

¶35

4. Annexure A8, as is clear from the

¶36

recitals was necessitated only with the implementation of online applications, to get over the specific teething problems noticed therein. Further even then mistakes could be rectified only before the selection is completed. In the present case, the selection was completed and the persons

¶37

OP(KAT).No.132 OF 2019 6

¶38

in the SIUC Nadar were also advised, which is evident from the fact that two of them were impleaded in the Original Application itself.

¶39

5. We also notice the judgments of this Court in OP(KAT) No.117 of 2016 dated 01.11.2016 and OP(KAT) No.47 of 2017 dated 08.03.2017 which considered almost identical issue of correction in the profiles later to the last date of application; to claim the benefit of weightage for participation in sports. We cannot take a different view in this matter even on the facts arising in the present case.

¶40

6. We cannot but notice that the PSC had

¶41

clearly stipulated that the applications should be complete in all respects and that the details furnished and declarations made are the sole responsibility of the candidate and ought to be verified scrupulously before submission of the same. Any mistake occasioned is the result of sheer

¶42

OP(KAT).No.132 OF 2019

¶43

¶44

negligence of the candidate and no discretionary exercise can be made in favour of such careless candidates.

¶45

We affirm the order of the Tribunal and reject the Original Application. There is no order

¶46

as to costs.

¶47

Sd/-

¶48

K. VINOD CHANDRAN, JUDGE.

¶49

Sd/-

¶50

V.G. ARUN, JUDGE.

sp/15/07/19

//True Copy//

P.A. To Judge

OP(KAT).No.132 OF 2019

¶55

¶56

APPENDIX

¶57

PETITIONER'S/S EXHIBITS:

¶58

EXHIBIT P1 TRUE COPY OF THE O.A.NO.1549/2017 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

¶59

EXHIBIT P1(A1) TRUE COPY OF THE GAZETTE NOTIFICATION DATED 15/11/2012 UNDER CATEGORY NO.528/2012. EXHIBIT P1(A2) TRUE COPY OF THE OTR VERIFICATION CERTIFICATE DATED 17/02/206. EXHIBIT P1(A3) TRUE COPY OF THE SSLC BOOK OF THE APPLICANT SHOWING HER RELIGION AND CASTE STATUS AS CHRISTIAN-NADAR (SIUC). EXHIBIT P1(A4) TRUE COPY OF THE CASTE CERTIFICATE DATED 05/10/2016. EXHIBIT P1(A5) TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE DATED 15/02/2016. EXHIBIT P1(A6) TRUE COPY OF THE RANK LIST NO.688/17/SSVII WHICH WAS BROUGHT INTO FORCE W.E.F.17/07/2017. EXHIBIT P1(A7) TRUE COPY OF THE REPRESENTATION DATED 22/07/2017 SUBMITTED BY THE APPLICANT TO THE SECRETARY, KPSC. EXHIBIT P1(A8) TRUE COPY OF THE CIRCULAR NO.23/2011 DATED 29/08/2011. EXHIBIT P1(A9) TRUE COPY OF THE ORDER DATED 25/03/2015 IN O.A.142/2015 (2015 KATR(4)-66). EXHIBIT P1(A10) TRUE COPY OF THE ERRATUM NOTIFICATION NO.EIV(1)2463/11 PUBLISHED BY THE KPSC DATED 14/02/2014.

¶60

OP(KAT).No.132 OF 2019

¶61

¶62

EXHIBIT	P2	TRUE COPY OF O.A.NO.1549/2017	THE FILED	M.A.NO.3220/2017 BY THE PETITIONER.	IN
EXHIBIT	P2(MA1)	TRUE COPY OF THE THE KPSC AND PUBL	DETAI ISHED	LS OF ADVISES MADE IN THEIR WEBSITE.	BY
EXHIBIT	P3	TRUE COPY OF O.S.NO.1549/2017	THE FILED	M.A.NO.3221/2017 BY THE PETITIONER.	IN
EXHIBIT	P4	TRUE COPY OF THE THE 1ST RESPONDEN	REPL T IN	Y STATEMENT FILED O.A.NO.1549/2017.	BY
EXHIBIT	P4(R1(A)	A TRUE COPY OF TH	E CIR	CULAR NO.02/2016.
EXHIBIT	P5	TRUE COPY OF THE	REPL	Y STATEMENT FILED	BY
		THE ADDITIONAL O.A.1549/2017.	4T	H RESPONDENT	IN
EXHIBIT	P6	TRUE COPY OF THE THE HON'BLE KAT I	ORDER N O.A	DATED 05/02/2018 .NO.1549/2017.	OF

Ramya Ravindran P., v. Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

Ramya Ravindran P., v. Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs T.K.Hamsa

Union of India & Others Vs Tomy Mathew

Chairman, Board of Trustees, Vs Mohandas.K.

State of Kerala Vs K.K. Soman

V.Gopalakrishnan Vs the State of Kerala

M. Jayachandran Vs the State of Kerala