2018 Supreme(Ker) 281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.N. RAVINDRAN & R.NARAYANA PISHARADI, JJ.
DANIMON GEORGE, S/O. D.GEORGE - Appellant
Versus
THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR - Respondent
W.A.No.1834 of 2016
Decided On : 21-05-2018
For the Appellant : SRI.GRASHIOUS KURIAKOSE (SR.), SRI.GEORGE MATHEWS, SMT.CELINE JOSEPH, SRI.P.BHARATHAN, SRI.T.T.RAKESH
For the Respondent: SRI.T.P.SAJAN, SRI.P.C.SASIDHARAN, SC, KPSC
Headnote:
The Kerala Public Service Commission Rules- Rule 3(c) -Rule 22 - The Kerala State and Subordinate Services Rules- R.3(c) - The caste status of the appellant is that he is a member of the Latin Catholic community and therefore it cannot be said that the appellant had suppressed material facts relevant to the selection from the Commission when he claimed that he is a member of the Latin Catholic community- Action could have been taken only under Rule 3(c) and not under Rule 22 of the Kerala Public Service Commission Rules of Procedure or paragraph 30 of the General Conditions for the reason that it is a mistake attributable exclusively to the Commission and is not based on any false claim made by the candidate.
Statement of facts:
The appellant is the petitioner in W.P.(C)No.23599 of 2016 wherein he had challenged Ext.P11 show cause notice dated 20.1.2016 issued by the Regional Officer, Kerala Public Service Commission, Kollam, calling upon him to show cause why his advice for appointment as Reserve Driver in the Kerala State Road Transport Corporation should not be cancelled, as also Ext.P13 order dated 10.6.2016 issued by the said officer cancelling such advice. By judgment delivered on 6.8.2016, a learned single Judge of this court dismissed the writ petition. The appellant has, aggrieved thereby, filed this writ appeal
Finding of the court:
Action could have been taken only under Rule 3(c) and not under Rule 22 of the Kerala Public Service Commission Rules of Procedure or paragraph 30 of the General Conditions for the reason that it is a mistake attributable exclusively to the Commission and is not based on any false claim made by the candidate- Show cause notice was issued, more than two years after the appellant was advised for appointment- Rule 3(c) cannot therefore be invoked in the case on hand.
Result: Writ Appeal allowed
P.N. RAVINDRAN, J.
1. The appellant is the petitioner in W.P.(C)No.23599 of 2016 wherein he had challenged Ext.P11 show cause notice dated 20.1.2016 issued by the Regional Officer, Kerala Public Service Commission, Kollam, calling upon him to show cause why his advice for appointment as Reserve Driver in the Kerala State Road Transport Corporation should not be cancelled, as also Ext.P13 order dated 10.6.2016 issued by the said officer cancelling such advice. By judgment delivered on 6.8.2016, a learned single Judge of this court dismissed the writ petition. The appellant has, aggrieved thereby, filed this writ appeal. The brief facts of the case are as follows:
2. By a notification dated 15.7.2010, the Kerala Public Service Commision (“the Commission” for short) invited applications from eligible persons for appointment by direct recruitment to the post of Reserve Driver in the Kerala State Road Transport Corporation (“the Corporation” for short). Pursuant thereto, the appellant applied. He had in the application submitted by him stated that he is a member of the Latin Catholic community and that he is eligible for communal reservation. The petitioner has in paragraphs 1 and 2 of the statement of facts in the writ petition averred that A. Daniel, his grandfather, D.George, his father and Philomina, his mother all belong to the Latin Catholic community, that in the school records also he is shown as a member of the Latin Catholic community but due to an inadvertent mistake, in Ext.P4 Secondary School Leaving Certificate, though his religion is shown as Christian, his caste is wrongly shown as Paravan converted. He has averred that the entry in Ext.P4 regarding his caste status is a mistake and that he actually belongs to the Latin Catholic community and is eligible for reservation available to Other Backward Classes. He has further averred that Paravan community is a scheduled caste in the State of Kerala, that he has not availed any benefit available to persons belonging to the scheduled castes, that at the time of the practical test he could not produce a non-creamy layer certificate on account of the discrepancy regarding his caste status in the Secondary School Leaving Certificate and therefore, he had to give a declaration at the time of the practical test (driving test) that he will not claim reservation as a member of the Latin Catholic community, that later, based on his claim in the application and the school records he was considered as a candidate belonging to the Latin Catholic community and his name was included in Ext.P5 ranked list which was published on 23.8.2012, that based on the inclusion of his name in the ranked list, the Commission advised him for appointment as per advice memo dated 26.2.2013, that thereupon, the Chairman and Managing Director of the Corporation appointed him as Driver Gr.II as per Ext.P6 memorandum dated 24.5.2013, that after completion of training he was directed to report for duty before the Unit Officer, Punalur as per Ext.P7 memorandum dated 20.6.2013 issued by the District Transport Officer, Kottarakkara and that he has been in the service of the Corporation ever since that date.
3. The writ petitioner has also stated that he had in the meanwhile applied to have his caste status in the Secondary School Leaving Certificate corrected, that the Tahsildar, Karunagappally had after enquiry issued Ext.P9 certificate dated 7.6.2013 certifying that he is a member of the Latin Catholic community and that the religion and caste noted in his Secondary School Leaving Certificate are incorrect, that thereupon he caused Ext.P10 Gazette notification to be published to the effect that his caste has been wrongly entered in the Secondary School Leaving Certificate and that he is a member of the Latin Catholic community. The petitioner has averred that while matters stood thus the Regional Officer of the Commission at Kollam issued Ext.P11 show cause notice dated 20.1.2016 calling upon him to