Writ appeals by the KPCS set aside an interim order staying a circular requiring notarized affidavits for relinquishing appointments. The bench held that validity of the circular must be tested on merits.
Appeals allowed; interim order dated 26.11.2020 set aside. Appeal for early hearing of writ petitions permitted in case of urgency.
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.
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
WA.No.1598 OF 2020
AGAINST THE INTERIM ORDER DATED 26.11.2020 IN WP(C) 19535/2020(N) OF HIGH COURT OF KERALA
APPELLANT/2ND RESPONDENT:
THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, HAVING ITS HEAD OFFICE AT THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM 695004
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS/PETITIONERS & RESPONDENT NO.1:
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W.A.Nos.1598 & 1604 of 2020
SRI. B.VINOD SR GP FOR R5 ADV. DR. MATHEW A KUZHALANADAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.12.2020, ALONG WITH WA.1604/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.A.Nos.1598 & 1604 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
WA.No.1604 OF 2020
AGAINST THE ORDER DATED 26.11.2020 IN WP(C) 20656/2020(F) OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT:
THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE PO THIRUVANANTHAPURAM 695004 E-MAIL: [email protected]
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS/PETITIONERS:
1 DILEEP P.R, AGED 31 YEARS, PULIYATHUPARAMBIL HOUSE, ASOKAPURAM, ALUVA P.O., ERNAKULAM 683101
ADV. NISHA GEORGE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.12.2020, ALONG WITH WA.1598/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.A.Nos.1598 & 1604 of 2020
JUDGMENT
Dated this the 7th day of December, 2020
Shaffique,J.
These appeals have been filed by the Kerala Public Service Commission (for short 'KPSC'), challenging the common interim order dated 26.11.2020 in W.P.(C).Nos. 19535 and 20656 of 2020.
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W.A.Nos.1598 & 1604 of 2020
officer of the State Government or Central Government, the candidate will have to give an affidavit attested by the Notary Public along with a self attested photo ID proof. According to the petitioners, a more easier method of online attestation should be provided instead of complicating matter.
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W.A.Nos.1598 & 1604 of 2020
as now directed by the learned Single Judge had been sought for by any of the petitioners. Apparently, when a circular is under challenge, the validity of the said circular requires to be considered in accordance with the procedure prescribed. KPSC is a constitutional authority and when they have issued certain circulars taking into account the factual aspects involved in the matter, unless the matter is heard and finalised, issuance of an interim order would render substantial injustice and hardships to the candidates. When it is stated that the earlier procedure had resulted in manipulation of records or rather fraud being played, such issues are required to be considered. The learned Single Judge observed that insofar as Rule 18(i) of the PSC Rules of Procedure has not been amended, the PSC shall not insist on relinquishment to be supported by a notarized affidavit as per circular dated 28.9.2017. Apparently, the aforesaid circular was in operation for the last more than three years and therefore the interim order virtually stays the operation of the circular. The validity of the circular when being tested by the Court, necessarily the matter requires to he heard on merits and decided. We are of the view that grant of such interim order without testing the validity of Ext.P4 cannot be sustained.
In the result, these appeals are allowed and we set aside the
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interim order dated 26.11.2020. In the event of any urgency, It shall be
open for the writ petitioners to seek an early hearing of the writ petitions.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
kp
True copy
JUDGE
P.A. To Judge
3 issues framed by the court
Whether interim order staying the operation of a circular issued by the KPSC to simplify the relinquishment of appointment/advice can be sustained.
Whether a writ petition challenging a circular requires a full hearing on merits before granting interim relief.
Whether the grant of interim order without testing the validity of a challenged circular was justified.
The Kerala Public Service Commission
Mohamed Salih.K
Hafis Riswan P.H
Sheyana B.
Simi Anu Jose
Dileep P.R
A.M. Shaffique
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
