High Court of Kerala
A.K. Jayasankaran Nambiar, J.
Prasanth K Kanotathil - Appellant
Versus
Kerala Public Service Commission - Respondent
W.P.(C) No. 17596 of 2016
Decided On : 01-07-2016
Constitution of India - Article 226 - Writ Petition - Judicial review - Public Service Commission - Sentinel on the qui vive - Mala fide or unfair - Held, Such instances must necessarily be rare for, under ordinary circumstances this Court must defer to the wisdom of the PSC, itself a constitutional body, in areas that are within the area of expertise of the said body - There is manifest arbitrariness, discrimination, or the decision is found to be irrational, mala fide or unfair.
A.K. Jayasankaran Nambiar, J.
1. As the issue involved in both these writ petitions is the same, they are taken up together for consideration and disposed by this common judgment.
2. The petitioner in W.P.(C) No. 17596/2016 had applied for the post of Draftsman Grade I in the Kerala Water Authority, pursuant to a notification inviting applications that was published by the Kerala Public Service Commission (hereinafter referred to as the 'PSC'). Pursuant to the application submitted by the petitioner, the petitioner is issued with an admission ticket directing him to appear for the written examination on 25-9-2015. Thereafter, the PSC published a short list dated 30-4-2016, wherein, the petitioner's name was included in the supplementary list of Ezhava candidates. The petitioner was thereafter called for a certificate verification on 10-12-2015. It is not in dispute that the petitioner appeared before the authorities for the certificate verification and produced all the relevant documents to prove his qualification. When the final rank list for the post of Draftsman Grade I in the Kerala Water Authority was published on 4-4-2016, the name of the petitioner was excluded from the supplementary list of Ezhava candidates. The petitioner therefore preferred a representation before the PSC requesting for an inclusion of his name in the final rank list. The petitioner was then served with Ext. P-7 communication, wherein, he was informed that his application was rejected for the reason that he had omitted to put his signature under the declaration in the identification certificate. In the writ petition, the petitioner impugns Ext. P-7 communication dated 15-4-2016, inter alia on the contention that the defect pointed out by the PSC was only a minor one that was curable and did not necessitate a cancellation of the petitioner's candidature in the selection process.
3. In W.P.(C) No. 20773/2016, the petitioner is a candidate who had applied for the post of Mazdoor (Electricity Worker) in the Kerala State Electricity Board in Malappuram District. Pursuant to the examination, the petitioner was also included in Ext. P-2 rank list. Immediately thereafter, however, the petitioner was served with a show cause notice, wherein, it was indicated that the PSC had taken a decision to remove his name from the rank list. Although the petitioner replied to the show cause notice, the 2nd respondent issued Ext. P-5 communication indicating that the name of the petitioner had been removed from Ext. P-2 rank list, since, in the identification submitted by the petitioner before the PSC, the photograph affixed on the certificate did not contain the name of the petitioner and the date of taking of the photograph. In the writ petition, the petitioner impugns Ext. P-5 communication inter alia on the ground that the mistake pointed out by the PSC was only a minor one taking into account the fact that the petitioner did not have a pass in Std.X and did not have adequate knowledge in computers. It is stated that the defect in question was only a minor defect that was condonable, and the respondent PSC ought to have condoned the same.
4. Counter-affidavits have been filed by the respondent PSC in both the writ petitions, wherein, the stand taken by the respondent PSC is that the defects in question were not minor defects, and hence, the non-compliance with the mandatory conditions that were stipulated in the notifications issued by the PSC had to result in a rejection of the candidature of the petitioners for the posts in question.
5. I have heard Sri Kaleeswaram Raj, the learned counsel for the petitioners in both the writ petitions and also Sri PC. Sasidharan, the learned Standing counsel for the Kerala Public Service Commission in both the writ petitions. Counsel on either side referred to a number of decisions, which are dealt with herein below.
6. The issue as to whether a decision of the PSC, with regard to rejection of the candidature of an applicant, ca
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.