Dismissed

Hima.P v. State of Kerala

Kerala HC18 Nov 2020OP(KAT)/354/2020

Case brief

AI extract

What is this about?

This order dismisses an original petition challenging the Kerala Administrative Tribunal's rejection of the petitioner's request to participate in the Kerala Administrative Service selection under Stream 2 because her probation was not declared.

What did the court decide?

Original petition dismissed as petitioner is not qualified to attend selection process under Stream 2 due to non-declaration of probation.

Hima.P Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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OP(KAT).No.354 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OA (EKM) 1426/2020 DATED 06-10-2020 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/APPLICANT IN OA:

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HIMA.P

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AGED 33 YEARS W/O.FRANKLIN K.F., STAFF NURSE GRADE II, GOVERNMENT MENTAL HEALTH CENTRE, THRISSUR-680004, RESIDING AT KURISSINKAL HOUSE, T.T.ROAD, KURIACHIRA P.O., THRISSUR DISTRICT-680006.

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BY ADVS. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR

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RESPONDENTS/RESPONDENTS IN OA:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL, THIRUVANANTHAPURAM-695033.

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3 KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY.

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SRI. P.N. SANTHOSH-SR. G.P. SRI. P.C. SASIDHARAN SC, PSC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT).No.354/2020

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JUDGMENT

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Dated this the 18^th day of November 2020

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Shaffique, J

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The original petition has been filed inter alia seeking for a direction to set aside Ext.P2 order passed by the Kerala Administrative Tribunal in O.A.(Ekm).No.1426/2020. By the impugned order, the petitioner's request for participating in the selection process for Kerala Administrative Service under Stream 2 had been rejected. The reason for rejecting participation under Stream 2 was that her probation has not been declared.

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The petitioner had also applied under Stream 1. During the pendency of the original petition, we have requested the learned Standing Counsel appearing for the KPSC to produce the marks obtained by the petitioner under Stream 1. We find that 77 marks was stipulated as cut off mark under Stream 1 and the petitioner does not have the required marks under Stream 1. As far as Stream 2 is concerned, there is no dispute about the fact that her probation had not been declared. The contention of the petitioner is that the probation was not declared due to any fault on her part. But the fact remains that under special rules, a person get qualified to attend the

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O.P.(KAT).No.354/2020

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selection process under Stream 2 only on becoming an approved probationer in a Government Department. Whatever be the reason, when probation has not been declared, such a person is not qualified to attend the selection process under Stream 2. Under such circumstance, we don't find any reason to interfere with the order passed by the Tribunal.

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The original petition is dismissed.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True copy

JUDGE

P.A. To Judge

O.P.(KAT).No.354/2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE NO.1426/2020 ALON FILED BEFORE THE TRIBUNAL, THIRUVA BENCH).	ORIGINAL APPLICATION (EKM) G WITH ANNEXURE A1 TO A8 HON'BLE ADMINISTRATIVE NANTHAPURAM (ERNAKULAM
ANNEXURE A1	TRUE COPY OF THE DATED 20.6.2014 I SERVICE COMMISSIO	ADVICE NO.RI(2)3538/10-95 SSUED BY THE KERALA PUBLIC N, THRISSUR.
ANNEXURE A2	TRUE COPY OF THE THRISSUR DATED 19 DISTRICT MEDICAL THRISSUR.	ORDER NO.A5-6971/14/DMOH, .8.2014 ISSUED BY THE OFFICER OF HEALTH,
ANNEXURE A3	TRUE COPY OF THE DATED 29.12.2017	G.O.(P)NO.12/2017/P&ARD ISSUED BY THE GOVERNMENT.
ANNEXURE A4	TRUE COPY OF THE 3RD RESPONDENT ON	NOTIFICATION ISSUED BY THE 1.11.2019.
ANNEXURE A5	TRUE COPY OF THE ADMISSION TICKET THE 3RD RESPONDEN	RELEVANT EXTRACT OF THE (PROVISIONAL) ISSUED BY T TO THE PETITIONER.
ANNEXURE A6	TRUE COPY OF THE 2.12.2019 OF THE SUPERINTENDENT OF HEALTH CENTRE, TH	SERVICE CERTIFICATE DATED APPLICANT ISSUED BY THE THE GOVERNMENT MENTAL RISSUR.
ANNEXURE A7	TRUE COPY OF THE PROVISIONAL PRELI PL NO.13/2020/ER PUBLISHED BY THE	RELEVANT EXTRACT OF THE MINARY LIST OF STREAM 1 AS III DATED 26.8.2020 3RD RESPONDENT.
ANNEXURE A8	TRUE COPY OF THE PROVISIONAL PRELI PL NO.14/2020/ER PUBLISHED BY THE	RELEVANT EXTRACT OF THE MINARY LIST OF STREAM 2 AS III DATED 26.8.2020 3RD RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE OA(EKM) NO.1426/2 ADMINISTRATIVE TR (ERNAKULAM BENCH)	ORDER DATED 6.10.2020 IN 020 OF THE HON'BLE KERALA IBUNAL, THIRUVANANTHPAURAM .

Hima.P v. State of Kerala

Case brief

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What did the court decide?

Hima.P v. State of Kerala

Case brief

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