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2018 Supreme(SC) 2113

S. A. BOBDE, L. NAGESWARA RAO
Mathew David – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Dr. Kylashnath Pillai, Sr. Adv. Mrs. V.S. Lakshmi, Adv. Mr. A. Venayagam Balan, AOR
For the Respondents: Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv. Mrs. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. Mr. Vijay Shankar V.L., Adv. Mr. Vipin Nair, AOR Mr. P.B. Suresh, Adv. Mr. Abhay Pratap Singh, Adv.

ORDER :

1. Leave granted.

2. This appeal is preferred against the judgment of the High Court of Kerala in O.P. (KAT) No. 379 of 2014 by which the judgment of the Kerala Administrative Tribunal (for short, "the Tribunal" in OA(EKM) No. 636 of 2014 was upheld. The Tribunal dismissed the OA filed by the appellant on the ground of delay and laches.

3. An advertisement was issued by the Kerala Public Service Commission on 27.10.1998 for filling up of two posts of Pharmacist (Homoeopathy). During the process of selection, a rank list was prepared on 16.04.2002, the validity of which was for a period of three years. The names of Kumari Anitha and Sri Sathyavrathan were shown at serial Nos. 1 and 2 respectively in the rank list. The appellant was included in the rank list at serial No. 3.

4. Aggrieved by the non selection and appointment as Pharmacist, the appellant along with Jayachandran P., approached the High Court of Kerala. The High Court refused to interfere with the selection and to grant relief to the appellant and Jayachandran P.. The Writ Appeal filed by them was also rejected. Thereafter, Jayachandran P., filed W.P. No.35654 of 2009 in the High Court after obtaining information und

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