Point of Law: There cannot be any relaxation of the instructions to suit the convenience of the parties in case of defects, if any, committed despite clear instructions and not because of any technical errors, beyond the control of the candidates.

JUDGMENT :

C. Jayachandran, J.

Ext.P1 order of the Kerala Administrative Tribunal (Additional Bench, Ernakulam) in O.A.(Ekm)No.587/2021 dated 9.11.2022 is impugned in this Original Petition. The petitioner is the applicant before the Tribunal and the respondents are the Kerala Public Service Commission, its Secretary and the Controller of Examinations. The petitioner, who failed to submit the confirmation for writing the written examination through the one time registration profile on time, sought for a direction permitting the petitioner to make confirmation afresh, so as to download the admission ticket in order to appear for the written test, along with a prayer to condone the delay in submitting the confirmation. The prayer was rejected by the Tribunal as per the impugned order, holding that no indulgence or latitude can be shown to candidates who failed to comply with the conditions in the notification within the time frame stipulated. The Tribunal inter alia relied upon a Full Bench decision of this Court in Kerala Public Service Commission v. Reshmi.K.R. and others [ILR 2019 (4) Ker. 878 : 2020 (1) KLJ 441].

2. The facts:-

The applicant, who entered service in the Animal Husbandry Department as a part-time Sweeper as per Annexure-A1 order dated 29.7.2017, was promoted as Attendant in the Veterinary Dispensary, Chemperi. While so, on 5.2.2020, the respondent Public Service Commission invited application to the post of Livestock Inspector Gr.II/Poultry Assistant/Milk Recorder/Store Keeper/Enumerator vide Annexure-A3 notification. The method of appointment was recruitment by transfer from departmental candidates. As per Annexure-A4, the applicant submitted his application in the official website of the respondent/Commission. Clause-9 of Annexure-A3 stipulated that candidates must register their 'one time registration' profile through the official website of the Kerala Public Service Commission. Clause 12 of Annexure-A3 is relevant and extracted here below:-

“12. If Written Test/OMR/Online Examination is conducted as a part of this selection, candidates shall submit a confirmation for writing the examination through their 'One Time Registration' profile. Such candidates alone can generate and download the Admission Tickets in the last 15 days till the date of Test. The applications of candidates who do not submit confirmation within the stipulated period will be rejected absolutely. The periods regarding the submission of confirmation and the availability of Admission Tickets will be published in the Examination Calendar itself. Information in this regard will be given to the candidates in their respective profiles and in the mobile phones registered in it. Candidates who have downloaded the Admission Ticket will alone be permitted to attend the examination. Appropriate disciplinary action as per Rules of Procedure Rule 22 shall be initiated against those candidates who submit applications with bogus claims of qualification regarding education, experience etc and submit confirmation for writing the examination, irrespective of whether they are present or absent for the examination.”

3. Accordingly, the applicant created his one time registration profile and provided his mobile phone number, 9497514711 in Annexure-A4 application, for the purpose of information being sent regarding the confirmation for written test. The applicant is 54 years old and is not proficient in using computer. He was undergoing quarantine due to Covid-19 pandemic from 13.2.2021 to 22.2.2021. On 15.3.2021, the applicant came to know from his friend that the examination is scheduled to 11.5.2021. Although the applicant contacted Akshaya Centre concerned for the purpose of making confirmation, he was told that the period for the same had already expired. The applicant has not received any information in his mobile phone number, contrary to the promise/stipulation made in Annexure-A3 notification. Therefore, he could not download the admission ticket for the