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2024 Supreme(Ker) 912

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Kerala Public Service Commission, Represented by the Secretary – Appellant
Versus
Dineesh K. M. , S/o. Muraleedharan K. K. – Respondent


Advocates Appeared:
For the Petitioner: P.C. Sasidharan, SC for KPSC.
For the Respondent: Varun C. Vijay, Divya Chandran, Smt. Vineetha B., SR. GP.

JUDGMENT :

P.G. Ajithkumar, J.

The 1st respondent filed O.A.No.1719 of 2020 before the Kerala Administrative Tribunal. He sought to set aside Annexure A5 ranked list to the extent it failed to show him as an other backward community candidate. Consequential reliefs including his advise for appointment were also sought. The Administrative Tribunal allowed the original application. It was, however, directed further that rights of the 2nd respondent, who was already appointed, should not be affected. Kerala Public Service Commission, aggrieved by that order, filed this original petition under Article 227 of the Constitution of India.

2. Heard the learned Standing Counsel for the Kerala Public Service Commission, the learned counsel for the 1st respondent and the learned Senior Government Pleader.

3. Respondents No.1 and 2 were applicants for selection to the post of Attender Grade II in Homoeopathy Department in Kottayam District. In Annexure A5 ranked list, the 1st respondent was placed at 14 and the 2nd respondent was placed at 18. The 1st respondent claimed reservation available to other backward communities. In his profile, he claimed that he belongs to other backward community and pr

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