IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHOK BHUSHAN, A.M. SHAFFIQUE, JJ.
KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM THIRUVANANTHAPURAM & ORS. - APPELLANTS
Vs.
ROSHINI K.S. - RESPONDENT
WA.NO. 399 OF 2015 IN WP(C).26937/2014
Decided on : 07-08-2015
Service Law - Appointment - Selection process employment - Technical defects - Verification of photographs - Held, Photograph was taken 15 days earlier to the cut-off date - It cannot be said that the learned Single Judge has committed error in allowing the Writ Petition setting aside the rejection of the candidature as Respondent No.2 was fully satisfied with the verification of documents and photograph - Thus at the time of verification passport size photograph taken within six months was submitted and the photograph was got verified
Ashok Bhushan, J.
This Writ Appeal has been filed against the judgment dated 13.11.2014 in W.P(C) No.26937 of 2014 by which judgment, the learned Single Judge has allowed the Writ Petition filed by the petitioner. The Kerala Public Service Commission (hereinafter referred to as "the Commission") aggrieved by the judgment has come up in this appeal.
2. Brief facts giving rise to the Writ Petition as emerged from the pleadings of the parties are:-
The Commission invited applications with photo uploaded online for Category No.489/11 for the post of Junior Assistant/Casher/Assistant Grade II/Clerk Grade I/Time Keeper Grade II/Senior Assistant/Assistant/Junior Clerk, etc. Petitioner, from the website of the Commission downloaded the details of Category No.489/11 and submitted application for the post. The last date for submission of the application was 08.02.2012. Written test was notified on 08.06.2013. Petitioner downloaded the admission ticket and identification certificate from the website of the Commission. The identification certificate downloaded by the petitioner contained her photograph with name and date. Petitioner appeared in the written examination and her name was included in the short list of successful candidates published by the Commission on 23.05.2014. The Commission vide letter dated 08.07.2014 called the petitioner to appear in person for document verification with the documents mentioned therein. One of the documents required to be brought was "passport size photo taken within 6 months".
Petitioner appeared for the document verification on 16.07.2014 with all the required documents. The 2nd respondent was fully satisfied with the verification of the documents produced by the petitioner. Rank list was published by the Commission for Category No.489/11 in which petitioner's name was not included. Petitioner secured 78 marks out of 100. The rank list included name of persons who secured less marks than the petitioner. Petitioner aggrieved by the non-inclusion of her name in the rank list filed the Writ Petition with the following prayers:-
"i) Issue a writ of mandamus directing the 1st respondent to place the petitioner in the rank list dated 22.09.2014 published by the 1st respondent for category No.489/11, appropriately and further direct the 1st respondent to advise the petitioner for appointment, in accordance with her turn, in accordance with law.
ii) Pass such other writs, orders or directions as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case.
iii) Allow this Writ Petition with cost."
3. The Commission filed a counter affidavit in the Writ Petition. The reason given by the Commission for non-inclusion of petitioner's name in the rank list was that even though petitioner's photo on the application bears name and date, it was not acceptable since the date printed on the photograph was 15.12.2010 whereas it was stipulated in the notification that the photo uploaded should be after 31.12.2010 with the name and date of the candidate printed in the bottom of the photograph. Petitioner filed a reply and pleaded that Ext.P1 notification which was downloaded by the petitioner from the website of the Commission did not contain any stipulation that the photograph uploaded should be the one taken after 31.12.2010. The detailed instructions as stipulated in Ext.P1 that is general conditions given in Part II were not anywhere traced out on online. The requirement of photograph being taken after 31.12.2010 being not uploaded in the website of the Commission, petitioner could not comply with that part of the requirement. Had she been aware that the photograph should be the one taken after 31.12.2010, she could have easily submitted the photograph taken after 31.12.2010. It is stated that at the time when the documents were verified she produced photograph taken within six months from the date of verification and thus the said condition was fully satisfied by the petitioner. Learned
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