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1975 Supreme(Ker) 331

P.GOVINDAN NAIR, V.KHALID
THE KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
JAYADEV – Respondent


Advocates Appeared:
For the Appellant : S. Eswara Iyer.
For the Respondent: S.A. Nagendran & N.N.D. Pillai, C.K. Sivasankara Panicker & P.G. Parameswara Panicker.

JUDGMENT :

P. Govindan Nair, J.

These Writ Appeals are taken by the Public Service Commission against the common Judgment in O. P. Nos. 1356, 1449 and 1814 of 1972. The petitioners therein had been advised by the Public Service Commission for appointment in the category of Lower Division Clerks. After that advice, the Public Service Commission purporting to act in exercise of their powers envisaged by R.3 (c) in Part II of the Kerala State and Subordinate Services Rules, 1958, for short, the Rules, issued notices to the three petitioners to show cause why the advices of their names for appointments should not be cancelled. At that stage, the petitioners in the three Original Petitions approached this Court for cancelling the show cause notices and Viswanatha Iyer. J., construed R.3 (c) and held that the mistake referred in that sub-rule must be understood as a mistake arising out of some conduct of the candidate whose name was advised. The learned Judge therefore directed that the representations of the three petitioners in the Original Petitions who are respondents to these Writ Appeals must be considered by the appellant, the Public Service Commission, in the light of the interpret






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