Allowed

The Secretary v. T.Moideenkutty

Kerala HC6 Mar 2019WA/266/2014

Case brief

AI extract

What is this about?

A single judge order directing the Public Service Commission to entertain a reservation request based on a late Non Creamy Layer Certificate and revising seniority after publishing the ranked list is set aside as the respondent is guilty of latches. The writ appeal is allowed.

What did the court decide?

Proceedings initiated by the first respondent are dismissed as he is guilty of latches for seeking communal reservation long after the ranked list was published.

The Secretary Vs T.Moideenkutty — Service and Employment | 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 A.M.BABU

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WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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WA.No. 266 of 2014

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AGAINST THE ORDER/JUDGMENT IN WPC 22092/2010 of HIGH COURT OF KERALA DATED 25-11-2013

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APPELLANT/S:

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THE SECRETARY

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KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM695 001.

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

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RESPONDENT/S:

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1 T.MOIDEENKUTTY AGED 47 YEARS S/O MAMMU, KARAKANDYCHAL HOUSE, EDAYANNOOR P.O., KANNUR DISTRICT-670 595

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2 THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695 001.

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R1 – BY ADV.CIBI THOMAS

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R2- BY ADV.BABU JOSEPH (K), STANDING COUNSEL

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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WA.No. 266 of 2014

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JUDGMENT

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V.CHITAMBARESH, J.

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The issue is covered by Annexure A1 judgment in W.A 1552/2012 (Kerala Public Service Commission vs Azeez P.A and others). The Non Creamy Layer Certificate on the basis of which the communal reservation is claimed has to be produced before the finalisation of the ranked list for the post under Rule 17(C) of Part II of KS and SSR. The learned Single Judge was not justified in directing the Public Service Commission to entertain a request for reservation on the basis of the Non Creamy Layer Certificate and the consequent revision of seniority much after the publication of the ranked list. The ranked list in the instant case was published as early as on 11.5.2000 whereas the first respondent has put in the representation seeking communal reservation only on 12.3.2010. We therefore set aside the impugned judgment holding that the first respondent is guilty of latches and dismiss his writ petition.

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The Writ Appeal is allowed. No costs.

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Sd/-

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V.CHITAMBARESH Judge

sd/-

A.M.BABU Judge

sks/6.3.2019

WA.No. 266 of 2014

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APPENDIX

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APPELLANT'S ANNEXURES

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A1- TRUE COPY OF THE JUDGMENT IN W.A. 1552/2012

The Secretary v. T.Moideenkutty

Case brief

What is this about?

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The Secretary v. T.Moideenkutty

Case brief

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