The High Court held that a subsequent Government order altering the rotation for differently abled persons does not negate the right of a candidate already advised for appointment from the original merit list. The Tribunal was justified in directing the appointment.
The original petition was dismissed and no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR.JUSTICE ASHOK MENON
WEDNESDAY, THE 12TH DAY OF JUNE 2019 / 22ND JYAISHTA, 1941
OP(KAT).No. 493 of 2017
AGAINST THE ORDER DATED 31-08-2017 IN O.A.(EKM)NO.1618/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 & 2:
1 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PSC OFFICE, PATTOM, THIRUVANANTHAPURAM - 695 004, KERALA.
2 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOTTAYAM, PSC DISTRICT OFFICE, CIVIL STATION, KOTTAYAM - 676 601, KERALA.
BY SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & RESPONDENTS 3 TO 5:
1 BABITHA MERIN JOHN, AGED 36, W/O. VARGHESE THOMAS K., PANDARAKUNNEL HOUSE, PAYYAPPADY (P.O), PUTHUPPALLY, KOTTAYAM, KERALA - 686 034.
KOTTAYAM - 676 601, KERALA.
OP(KAT).No.493 of 2017
2
4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001, KERALA.
R1 BY ADV.SRI.SIJI ANTONY R2 TO R4 BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER
THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 11.06.2019, THE COURT ON 12.6.2019 DELIVERED THE FOLLOWING:
OP(KAT).No.493 of 2017
3
Judgment
Chitambaresh, J.
2.The vacancies were provisionally directed to be reported by interim order dated 10.3.2016 in O.A.(EKM) No.76/2016 whereas Annexure A11 order was issued by the Government much after on 6.5.2017. It transpires that Annexure A1 ranked list published on 18.10.2011 expired on 17.4.2016 and the date of occurrence of vacancy as stated in the proforma is 4.6.2015. The mere fact that the rectified proforma was issued only on 2.6.2017 and that Annexure A11 order of the Government had been issued in the meanwhile does not affect the first respondent.
OP(KAT).No.493 of 2017
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reported. It will be unjust to deny the first respondent alone an opportunity for being appointed merely because Annexure A11 order of the Government intervened before the advice. The Tribunal was well justified in directing the first respondent to be advised for appointment and the third respondent to issue the order of appointment without delay.
The original petition is dismissed. No costs.
Sd/V. CHITAMBARESH, JUDGE
Sd/ASHOK MENON, JUDGE
Sha/100619
OP(KAT).No.493 of 2017
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A.(EKM) 1618 OF 2017 WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE COMMISSION. EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.(EKM) NO. 1618/2017 DATED 31.08.2017.
RESPONDENTS' EXHIBITS: NIL
2 issues framed by the court
Whether a Government order altering the turn of appointment for differently abled persons from 33, 66, 99 to 1, 34, 67 affects the advice of the first respondent.
Whether the Tribunal was justified in directing the first respondent to be advised for appointment despite the intervening Government order.
1 provisions across 1 enactments
KERALA PUBLIC SERVICE COMMISSION
THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOTTAYAM
BABITHA MERIN JOHN
DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM
DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM
STATE OF KERALA
V. CHITAMBARESH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
