Point of Law: public employment as understood in Article 16 of the Constitution of India, is a public wealth and can even be seen as their new form of public right as it is the public wealth of the nation

JUDGMENT :

Alexander Thomas, J.

The prayers in the aforecaptioned original petition, filed under Articles 226 & 227 of the Constitution of India are as follows (see page No.9 of the paper book of this op):-

“..........to set aside the order of the Tribunal and allow the prayers in the Original Application.”

2. Heard Sri. U. Balagangadharan, the learned counsel appearing for the petitioner herein/the sole applicant in the O.A. before the Tribunal, Sri. P. C. Sasidharan, the learned Standing Counsel for the Kerala Public Service Commission, appearing for respondents 1 to 3 herein/respondents 1 to 3 in the O.A., and Sri. B.Unnikrishna Kaimal, the learned Government Pleader appearing for the 4th respondent (State of Kerala) in the original petition/4th respondent in the O.A. before the Tribunal.

3. The prayers in the instant Ext.P1 original application, O.A. (Ekm) No.1675/2018, filed by the petitioner herein before the Kerala Administrative Tribunal (KAT), Ernakulam Bench, are as follows:- (see page Nos.21 & 22 of this paper book):-

“1. Call for the records leading to Annexure A4 and Annexure A8 and quash Annexure A4 fully and Annexure A8 to the extent it does not include the applicant;

2. Issue appropriate direction to the 2nd respondent to consider the candidature of the applicant by reading down the stipulation in Annexure A2 that one must have studied Malayalam upto +2 in the light of Annexure A1 certificate of TTC and subsequent orders;

3. Issue appropriate direction commanding 2nd respondent to consider the candidature of the applicant and include him in Annexure A8 shortlist, if he is otherwise eligible to be included;

4. Issue appropriate direction to include the applicant in the selection process to post of Lower primary school Asst by inviting him for interview, verification of certificates etc as a special case and include him in the rank list as per his merit.

5. Issue appropriate orders to the 2nd respondent to delete the condition stipulated under clause (ii) of Special Note appended to paragraph 7 qualifications by issuing appropriate corrigendum;

6. Issue appropriate direction to the 2nd respondent to consider the application of the applicant for the post of Librarian Gr.IV and permit her to participate in the selection proceedings in accordance with law;

7. Declare that the applicant is entitled to be considered for selection to the post of Lower primary school Asst pursuant to Annexure A2 notification read with Annexure A6 clarification issued by the government, if she is otherwise eligible and further declares that he is entitled be advised if he comes out successful in the selection procedure;

8. Such other reliefs that the Hon'ble Court deem fit and proper in the facts and circumstances of the case.”

4. The Tribunal after hearing both sides has rendered the impugned Ext.P4 final order dated 16.02.2021 whereby the abovesaid O.A. has been dismissed, on the ground that the plea of the applicant is allowed would amount to changing rules of the game after commencement of the selection process.

5. The petitioner herein/the original applicant, had applied for selection and appointment for the post of Lower Primary School Assistant (LPSA) (Malayalam medium) in Palakkad District, under the General Education department of the State Government. The said selection process has been notified by the Kerala Public Service Commission as per Anx.A2 selection notification dated 10.09.2014 (category No.387/2014), and the last date for submission of application in that regard was 15.10.2014.

6. The qualifications stipulated in Anx.A2 selection notification issued by the Kerala Public Service Commission and as published in Gazette dated 10.09.2014, for the abovesaid post of LPSA (Malayalam medium), in Palakkad District, in the General Education department, category No.387/2014, as per clause 7 thereof which reads as follows (see page Nos.27 & 28 of this paper book)(see also paragraph No.10 of Ext.P4 order of the Tribunal given on pages 74 & 75 o