Dismissed

Divya S. Rajan v. the Kerala Public Service Commission

Kerala HC23 Sept 2019OP(KAT)/171/2015

Case brief

AI extract

What is this about?

The court dismissed an application contesting the filling of a vacancy in the SIUC category. The petition sought to fill the vacancy under Rule 15(a) by OBC candidates after two re-notifications, but the bench held the selection year had expired and the order made by the Administrative Tribunal required no interference.

What did the court decide?

Original petition dismissed. No costs.

Divya S. Rajan Vs the Kerala Public Service… — Pension and Retirement Benefits | Kerala HC (2019)

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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 V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941

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OP(KAT).No.171 OF 2015(Z)

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AGAINST THE ORDER DATED 18-03-2015 IN O.A.(EKM).NO.315/2015 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/APPLICANT IN THE O.A.:

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DIVYA S. RAJAN, W/O.SAJIMON, AGED 32 YEARS 'SUKUBHAVAN', ANAKOTTUR (P.O.), KOTTARAKKARA, KOLLAM, KERALA-691505.

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BY ADVS. SRI.S.RAMESH SRI.NAVEEN.T SMT.POOJA SURENDRAN

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RESPONDENTS/RESPONDENTS IN THE O.A.:

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1 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM, KERALA-695001.

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2 THE DISTRICT OFFICER THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOLLAM-695001.

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3 THE DISTRICT ANIMAL HUSBANDRY OFFICER KOLLAM-691001.

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R1-2 BY SRI.P.C.SASIDHARAN, SC, KPSC R3 BY SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH

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THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, THE

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COURT ON 23.09.2019 DELIVERED THE FOLLOWING:

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OP(KAT) No.171 of 2015

Judgment

Chitambaresh, J.

The selection year for the purpose of Rule 15(a) of Part II of the Kerala State & Subordinate Services Rules, 1958 (KS&SSR) shall be the period from the date on which the ranked list came into force till expiry. The ranked list in the instant case was published on 1.12.2010 and it expired on 31.3.2015 and therefore the selection year has already gone by. A suitable candidate was not available for selection from the community of SIUC Nadar and the said vacancy could have been filled up by resort to Rule 15(a) of Part II of KS&SSR.

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The Rule mandates that such vacancy shall be kept unfilled, notified separately for that community for that selection year and shall be filled up by direct recruitment exclusively from that community. The selection year is already over as stated above and it is not possible to resort to Rule 15(a) of Part II of KS&SSR by the Kerala Public Service Commission (PSC). The petitioner who belongs to Other Backward Class contends that he would have got a chance if none from SIUC Nadar community is available even after re-notification twice.

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OP(KAT) No.171 of 2015

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The contention of the petitioner is far fetched inasmuch as the exercise under Rule 15(a) of Part II KS&SSR should have been completed in that selection year itself which is impossible to be performed now. It is also not possible to conclusively say that none from SIUC Nadar community would be available even after re-notification repeatedly for not less than two times. The turn of the Other Backward Class would arise only if no suitable candidate from SIUC Nadar community is available even after repeated notifications stated above.

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The impugned order of the Kerala Administrative Tribunal in O.A.(EKM) No.315/2015 calls for no interference in this original petition invoking the supervisory jurisdiction.

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The original petition is dismissed. No costs.

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Sd/-

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V. CHITAMBARESH, JUDGE

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Sd/ASHOK MENON, JUDGE

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Sha/200919

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OP(KAT) No.171 of 2015

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)NO.315/2015 FILED BEFORE THE KAT.

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EXHIBIT P2 TRUE COPY OF THE ORDER IN O.A.(EKM) 315/2015 DATED 18-3-2015.

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RESPONDENTS' EXHIBITS: NIL

Divya S. Rajan v. the Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

Divya S. Rajan v. the 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

Statutes considered

Parties & counsel

Coram

Case details

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