Dismissed

Jayesh K v. the Kerala Public Service Commission

Kerala HC7 Jan 2022WP(C)/435/2022

Case brief

AI extract

What is this about?

The High Court held that issues regarding appointment to the Kerala Administrative Service and re-evaluation of exam answer sheets are matters for the appropriate Tribunal, not the High Court. Consequently, the writ petition was dismissed with liberty to approach the Tribunal.

What did the court decide?

The writ petition was dismissed with liberty to the petitioner to move the appropriate Tribunal.

Jayesh K Vs the Kerala Public Service Commission — Service and Employment | Kerala HC (2022)

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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 N.NAGARESH

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FRIDAY, THE 7^TH DAY OF JANUARY 2022/17TH POUSHA, 1943 WP(C) NO. 435 OF 2022

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PETITIONER:

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JAYESH K., AGED 41, S/O. KRISHNAN, MANIKOTH HOUSE, THIRUVANNUR P.O., KOZHIKODE 673 029.

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BY ADVS. NABIL KHADER JOHN TONY AKKARA MARIYA ANTONY

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RESPONDENTS:

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1 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILL, PATTOM P.O., THIRUVANANTHAPURAM 695 004.

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2 THE STATE PUBLIC INFORMATION OFFICER, KERALA PUBLIC SERVICE COMMISSION, THULASI HILL, PATTOM P.O., THIRUVANANTHAPURAM 695 004.

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

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.435/2022

JUDGMENT

Dated this the 7^th day of January, 2022

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The petitioner has approached this Court with the

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following prayers:

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(i) Issue a writ of certiorari calling for the records leading to Ext.P1 and quash Note VII of Exhibit P1 Ranked List Notification to the extent of declaring that no re-evaluation or rechecking/re-totaling of answer sheets would be allowed;

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(ii) To issue a writ of certiorari calling for the records leading to Ext.P7 and quash the same;

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(iii) Issue a writ of mandamus or any other writ, direction or order, directing the respondents to serve the petitioner the photocopy of his answer sheets of PAPER 1, PAPER 2 and PAPER 3 of the KAS (Main) Examination forthwith; along with the answer keys for every question;

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(iv) Issue a writ of mandamus or any other writ, direction or order, directing the respondents to make available for inspection the original answer sheets of the petitioner of PAPER 1, PAPER 2 and PAPER 3 of the KAS (Main) Examination; along with the evaluated answer copy for each of these papers indicating the score obtained by him for each paper separately under the On Screen marking Mode undertaken by him forthwith;

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WP(C)No.435/2022

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(v) To declare that paragraph Note VII of Exhibit P1 Ranked list Notification is absolutely illegal, unfair, discriminatory, arbitrary violative of Article 14 of the Constitution of India, needless to say the said provision is incorporated without any authority of law and is therefore void and non-est;

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(vi) Issue a writ of mandamus or any other writ, direction or order, directing the respondents to re-evaluate/recheck the answer sheet of the petitioner;

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(vii) Grant such other reliefs as this Hon'ble Court deems fit in the interest of justice.”

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2. Ext.P1 is the ranked list for the post of KAS

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Officer (Junior Time Scale) Trainee Stream-3. The issue involved is directly relating to appointment to Kerala Administrative Service. Therefore this is a service matter which has to be dealt with by a competent Tribunal, under the Administrative Tribunals Act, 1985.

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The learned counsel for the petitioner would urge

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that what is agitated before this Court is only a matter relating to revaluation of answer sheets in respect of the examinations conducted by the Kerala Public Service

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Commission for recruitment to KAS. Therefore, this Court has jurisdiction.

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I cannot agree to that proposition advanced by

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the learned counsel for the petitioner. The matter is intrinsically relating to the appointment to Kerala Administrative Service. Therefore, this writ petition has to be dealt with by the competitive Tribunal.

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Accordingly, the writ petition is dismissed granting liberty to the petitioner to move the appropriate Tribunal.

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Sd/- N. NAGARESH JUDGE

ncd/10.01.2022

APPENDIX OF WP(C) 435/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY NOTIFICATIO DATED 08-10	OF N ISSU -2021	THE RANKED LIST ED BY THE KERALA PSC
Exhibit P2	TRUE COPY O MATHRUBHUMI	F THE DAILY	NEWSPAPER ARTICLE IN DATED 03-04-2021
Exhibit P3	TRUE COPY	OF TH	E APPLICATION DATED
	18-10-2021 ANSWER SHEE KAS (MAIN)	FOR T AND EXAMIN	OBTAINING IMAGE OF TABULATION SHEETS OF ATION-PAPER 1
Exhibit P4	TRUE COPY 18-10-2021 ANSWER SHEE KAS (MAIN)	OF TH FOR T AND EXAMIN	E APPLICATION DATED OBTAINING IMAGE OF TABULATION SHEETS OF ATION PAPER II
Exhibit P5	TRUE COPY 18-10-2021 ANSWER SHEE KAS (MAIN)	OF TH FOR T AND EXAMIN	E APPLICATION DATED OBTAINING IMAGE OF TABULATION SHEETS OF ATION PAPER III
Exhibit P6	TRUE COPY FILED BY T 2021 BEFORE	OF T HE PET THE R	HE RTI APPLICATION ITIONER DATED 09-11- ESPONDENT
Exhibit P7	TRUE COPY RESPONDENT	OF DATED	THE REPLY OF THE 06-12-2021
Exhibit P8	FIRST APPE THE PETITIO	AL UND NER DA	ER RTI PREFERRED BY TED 27-12-2021
Exhibit P9	ADDITIONAL THE PETITIO	SUBMI NER DA	SSION SUBMITTED BY TED 01-01-2022

Jayesh K v. the Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

Jayesh K v. the Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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