The short question arising herein is whether the application submitted by the petitioner to the Public Service Commission in the form prescribed for SC/St candidates valued at Rs.5/-, could be accepted as valid. She is not a Schedule Caste, but is a Muslim. According to the Commission, the application prescribed for general categories ought to have been submitted by the petitioner.

2. The notification issued by the Public Service Commission is for appointment to the post of H.S.A. (Maths) in various districts including, Alappuzha which has been produced as Ext.P3. On submission of application, she was allotted bar code No.28416529. But since she did not get the memo for the written test, she contacted the district office of the Commission and was informed that since the application submitted by the petitioner values only Rs.5/- instead of the application worth Rs.10/-, the same cannot be considered. Thereafter, she submitted a representation before the Secretary of the commission and since no further information could be gathered, this writ petition has been filed wherein, by an interim order she was allowed to writ the examination provisionally. By a later interim order dated 9.6.2010, it was clarified that she could be provisionally interviewed, but the result of the petitioner shall not be published without obtaining orders from this Court.

3. The contentions of the petitioner are many fold. It is pointed out that Rule 4 of the General Rules of KS & SSR, which is the concerned one, provides that for submission of an application to the Commission, no fee shall be levied. But in the general conditions of the notification (Ext.P5), Clause 12 provides that the cost of the application form is Rs.10/- and the cost of the application form for SC/ST candidates is Rs.5/-. Sub-clause (10) of Clause 26 provides that the application submitted without the prescribed price, will be summarily rejected. It is submitted that this will go against the provisions of the General Rules of KS & SSR. Ext.P6 is the amendment of Rule 4 introduced as per G.O. (P) No.16/2009 P& ARD dated 8.10.2009 which provides for collection of cost of application at Rs.5/- for SC/St candidates and Rs.10/-for other candidates. This is made retrospective from 31.12.2002 and the retrospectivity of the rule is challenged by the petitioner. Ext.P7 is another Government Order, viz. G.O.(P) No.15/2001/P&ARD dated 5.10.2001 permitting the Commission to levy the cost off application form, if necessary. This is also under challenge herein.

4. The Government as well as the Public Service Commission have filed separate counter affidavits.

5. In the counter affidavit filed by the Government, it is explained that in G.O.(P) No.11/2000/P&ARD dated 20.3.2000 which introduced standard application forms, there was no provision for collection of fee from the candidates. But later, the Government on a re-examination of the matter, permitted the Commission to collect fee for application, by Ext.P7 order. Accordingly, standardized application form and fees for application were fixed by the Commission with effect from 31.12.2002. It is pointed out that the amendment is thus made retrospectively from 31.12.2002 which is not illegal or unreasonable as pointed out by the petitioner.

6. In the counter affidavits filed by the Commission, the following aspects have been detailed. It is stated that in the common stipulations for direct recruitment and by transfer recruitment, it is clearly stated that the cost of application form is Rs.10/- and cost of application for SC/St candidates is Rs.5/-, which stands incorporated as clause 12(a) under the general conditions also. In clause 26(b) item 10 of the general conditions it was specified that the applications without prescribed fee will be summarily rejected. The petitioner submitted the application in the form meant for SC/ST candidates and being a member of the Muslim community, she is not supposed to submit such an application a