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2013 Supreme(Ker) 888

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
SWAPNA SUKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : N. Dharmadan, D.P. Renu, P. Sankarankutty Nair, K. Sandesh Raja and Babu S. Nair.
For the Respondent: P.C. Sasidharan and Sr. Government Pleader.

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. These Original Petitions under Art. 227 of the Constitution are filed essentially challenging the Kerala Administrative Tribunal's affirmation - of the Kerala Public Service Commission, that an aspirant to the post of High School Assistant (Physical Science) should have studied Physics and Chemistry at the graduate level or at the post graduate level. The second complaint is that the P.S.C. had deviated from the terms of its notification dated 30.4.2008 and such deviation is impermissible. The third issue is as to whether the refusal to advise the petitioners on the ground that they have not studied Physics and Chemistry at the graduate level or post graduate level amounts to hostile discrimination, since the P.S.C. had, as a matter of fact, advised similarly placed candidates from the same list. Sr. Adv. N. Dharmadan and Adv. Sandesh Raja K. argued on behalf of the petitioners that the approach adopted by the Tribunal is wholly faulty and the P.S.C. could not have arrived at any such decision on the basis of the Tribunal's order in O.A. No. 370 of 2012, as affirmed by this Court in O.P.(KAT) No. 3407 of 2012, since the issue therein was





















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