The High Court through its Administrative Tribunal disposed of a petition challenging the dismissal of an OA against the KPSC advice given to a petitioner ranked 3rd. The petitioner sought appointment to a Lecturer/Assistant Professor post after an incorrect advice was issued.
Original petition filed before the Tribunal is dismissed.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942
OP(KAT).No.57 OF 2019
AGAINST THE ORDER IN OA 87/2018 DATED 04-01-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
DR.S.THUSHARLAL, AGED 34 YEARS D/O .K. JYOTHILAL, SEVA SADANAM, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM - 695 015. PHONE. 9400485377.
BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
OP(KAT) No.57/2019
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2 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION, AROGYA BHAVAN, M.G. ROAD, THIRUVANANTHAPURAM - 695 004. 3 THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM - 695 004. SRI. P.N. SANTHOSH-SR. G.P. SRI.P.C.SASIDHARAN, SC, PSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 21-10-2020, THE COURT ON 27-10-2020 DELIVERED THE FOLLOWING:
OP(KAT) No.57/2019
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J U D G M E N T
Dated this the 27th day of October, 2020
Shaffique, J.
The applicant in OA No.87/2018 of the Kerala Administrative Tribunal has preferred this OP challenging order dated 4/1/2019 by which the application had been dismissed.
OP(KAT) No.57/2019
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a second communication was issued stating that there are no candidates available against the differently abled category of low vision. Since two advices were made against one vacancy, clarification was sought for by the 2nd respondent and accordingly KPSC has directed the department not to issue appointment orders as the vacancy is reserved for persons with disabilities as per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It is further stated that after publication of the ranked list, two vacancies were reported as per letter dated 1/2/2016. One Madan Kumar was appointed in the OC turn and the 2nd turn was for scheduled caste candidate, but no candidate was available. As per letter dated 21/11/2016, yet another vacancy was reported. No candidate was available against Muslim community turn. Insofar as the petitioner was advised against a vacancy available for differently abled and the advice was wrong, the petitioner is not entitled for any relief. It is also submitted that total number of strength in the cadre is 6 of which 3 vacancies remained unfilled, one that of a scheduled caste, one that of Muslim and one that of differently abled low vision. The KPSC in their reply statement has
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also supported the aforesaid stand. The Tribunal having found that the advice had been issued by way of a mistake, the petitioner cannot stake any claim in respect of a mistaken advice.
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dismissing the OA. We do not find any ground to interfere with
the said order.
Original petition is dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/GOPINATH P. Rp True Copy JUDGE PS to Judge
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4-1-2019 IN O.A. NO.87/2018.
EXHIBIT P2 TRUE COPY OF THE O.A. NO.87/2018. ANNEXURE A1 TRUE COPY OF PSC RANKED LIST NO.1140/2014/SSVI UNDER CATEGORY NO.006/2012
ANNEXURE A2 TRUE COPY OF P.S.C. ADVICE NO.RIC(2)4380/14GW DATED 12-10-2017
ANNEXURE A3 TRUE COPY OF APPOINTMENT CHARD NO.RIC(2)4380/14GW CATEGORY NO.006/2012 ANNEXURE A5 TRUE COPY OF REPRESENTATION DATED 20/11/2017 TO THE 2ND RESPONDENT ANNEXURE A6 TRUE COPY OF LETTER NO.4523/E1/2016/DAME DATED 17/6/2017 OF THE 2ND RESPONDENT ANNEXURE A7 TRUE COPY OF REPRESENTATION DATED 26/12/2017 TO THE 2ND RESPONDENT ANNEXURE A8 TRUE COPY OF REPRESENTATION DATED 12/1/2018 TO THE PUBLIC SERVICE COMMISSION.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN O.A. NO.87/2018.
ANNEXURE R2(A) TRUE COPY OF ADVICE DATED 12.10.17 ANNEXURE R2(B) TRUE COPY OF LETTER DATED 12.10.17
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ANNEXURE R2 (C) TRUE COPY OF LETTER DATED 14.11.17 ANNEXURE R2(D) TRUE COPY OF LETTER DATED 20.12.17 ANNEXURE R2(E) TRUE COPY OF LETTER DATED 21.02.18 ANNEXURE R2(F) TRUE COPY OF LETTER DATED 01.02.16 ANNEXURE R2(G) TRUE COPY OF LETTER DATED 24.02.16 ANNEXURE R2(H) TRUE COPY OF LETTER DATED 21.11.16 ANNEXURE R2(I) TRUE COPY OF LETTER DATED 21.01.17 ANNEXURE R2(J) TRUE COPY OF LETTER DATED 17.06.17 EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN O.A NO.87/2018. EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER. ANNEXURE A9 TRUE COPY OF THE FORM OF PROFORMA FOR REPORTING VACANCIES BY THE KERALA PUBLIC SERVICE COMMISSION VIDE G.O.(P) NO.28/92/P AND ARD DATED 18/9/1992 ANNEXURE A10 TRUE COPY OF THE G.O.(P) NO.119/2205/SWD DATED 6/8/2005 ANNEXURE A11 TRUE COPY OF THE G.O.(P) NO.8/17/SWD DATED 6/5/2017 EXHIBIT P7 TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE PETITIONER. ANNEXURE A12 TRUE COPY O F THE ROTATION CHART OF THE KERLA P.S.C
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ANNEXURE A13 TRUE COPY OF THE RELEVANT PAGES OF THE SYLLABUS OF BAMS COURSE (RACHANA SHARIR) OF THE UNIVERSITY OF KERALA
EXHIBIT P8 TRUE COPY OF THE M.A.NO.434/2018 IN O.A.NO.87/2018.
ANNEXURE MA1 TRUE COPY OF SHOW CAUSE NOTICE NO.R1.C(2)4380/14/G.W DATED 21/02/2018 ISSUED BY THE KERALA P.S.C.
ANNEXURE MA2 TRUE COPY OF APPOINTMENT CHART SHOWING THE DATE OF ADVICE AS 16/01/2017 OF THE P.S.C. UNDER CATEGORY NO.006/2012
ANNEXURE MA3 TRUE COPY OF THE LETTER NO.E1/4523/2016/DAME DATED 14/11/2017 OF THE 2ND RESPONDENT DIRECTOR OF AYURVEDA MEDICAL EDUCATION
EXHIBIT P9 TRUE COPY OF LETTER NO.R1F(2)4380/14/GW DATED 4.5.2019 GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER
2 issues framed by the court
Whether a petitioner holding 3rd rank can claim appointment when she received an advice based on a mistaken entry for differently abled category.
Whether the petitioners should be accommodated in open category vacancies when the reserved category slot was provisioned incorrectly.
Dr. S. Thusharlal
State of Kerala represented by the Secretary to Government, Ayush Department
Director of Ayurveda Medical Education
Secretary, Kerala Public Service Commission
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
