IMPORTANT POINTS :
The Original Petitions are not maintainable inasmuch as the parties aggrieved can as well apply for review of the order of the Tribunal even if they are not eco-nominee parties therein- Reference was made to Section 22(3)(f) of the Administrative Tribunal Act, 1985 read with Rule 21 of the Kerala Administrative Tribunal (Procedure) Rules, 2010 in this regard- The combined effect of the above provisions is that 'no application for review shall be entertained unless it is filed within thirty days from the date of the order of which the review is sought'-The petitioners not having been made parties to the Original Applications filed before the Tribunal were totally unaware of the orders passed therein for quite a long time.

V. CHITAMBARESH, J.

1. The method of appointment to the post of Agricultural Officer Grade-II in the Department of Agriculture of the State is by direct recruitment and appointment by transfer in the ratio of 85% :15%. 13% out of the said 15% is reserved for those who have cleared VHSE in Agriculture and 2% for those who have a Degree in B.Sc. (Agriculture) from among the Agricultural Assistants in service. The candidates should have 10 years' service as Agricultural Assistant for appointment to the 13% posts and 3 years' service as Agricultural Assistant for appointment to the 2% posts. The candidates should also pass a suitability test conducted by the Kerala Public Service Commission ('the PSC' for short) the propriety of which falls for consideration in this bunch of cases.

2. The notification published in the Gazette dated 12.8.2011 by the PSC inviting applications from qualified Agricultural Assistants for the suitability test inter alia contained the following clause:

“Answer shall be written either in English or in Malayalam [G.O.(Ms)No.141/2001/Agri dated 22.5.2001].”

But the instructions issued to the candidates in the hall ticket preparatory to the test as well as the question paper for the suitability test conducted by the PSC on 19.1.2013 contained the following clause:

“Answer should be written in English only.”

The PSC had even earlier issued a clarification that the suitability test can be written either in English or in Malayalam by means of a press release in leading dailies as well as in their official website and bulletin. The fact remains that some of the candidates answered the question paper in English while some others in Malayalam and a few of them in both English and Malayalam languages. The results were published on 5.3.2014 and some of the candidates who performed badly had in the meanwhile moved the Kerala Administrative Tribunal ('the Tribunal' for short). It was contended that there was confusion about the medium of answering the question paper and hence sought for conducting a fresh suitability test after cancelling the results published.

3. The Tribunal noticed that some confusion would have occurred even though it was alleged that the invigilators in the examination halls had announced that the answers could either be in English or in Malayalam. The Tribunal by the common order dated 27.6.2014 in O.A.Nos.868/2013 and 592/2014 disallowed the prayer made to annul the suitability test inter alia observing as follows:

“8. But, the point to be decided is whether for granting them relief, the results of the examination should be annulled and there should be a direction to the Public Service Commission to hold a fresh test. We think, the same is not necessary. Notwithstanding all these adverse circumstances, certain candidates have cleared the examination. They are entitled to get the benefit of that and they are in no way responsible for the prejudice caused to the applicants. Therefore, the prayer of the applicants to set aside the results of the suitability test cannot be allowed.”

(emphasis supplied)

The Tribunal however granted relief by directing the PSC to hold a second suitability test and restore the seniority in service of the candidates in case they come out successful by observing as follows:

“So, we order that if the applicants have taken the examination in English or in English and Malayalam and if they have failed; in such cases, if they clear the suitability test conducted by the Public Service Commission next time, they shall be treated as having cleared the test held on 19.1.2013 and in case, any of the applicants' juniors have superseded them in the matter of promotion to the post of Agricultural Officer Grade II, their seniority shall be restored over such juniors. The Public Service Commission shall verify the answer sheets of the applicants and find out whether they are eligible to get the benefit of the above direction, that is, they have taken the examination in English or in E