The High Court cannot interfere with the Tribunal's findings under Article 227 unless there is clear evidence of patent perversity or gross failure of justice.

JUDGMENT :

Anil K. Narendran, J.

The petitioner is the applicant in O.A.No.468 of 2025 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, which was one filed invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking an order to set aside Annexure A4 short list published by the respondent Kerala Public Service Commission, containing the register number of candidates, who were found provisionally eligible to be called for interview, subject to verification of original documents, for selection to the post of Lecturer in Arts, History and Aesthetics in the Technical Education Department (College of Fine Arts), to the extent it does not include the register number of the applicant, as unjust, arbitrary and unsustainable; to direct the respondent Kerala Public Service Commission to issue erratum notification including the register number of the applicant in Annexure A4 short list, at the appropriate place; and to direct the respondent Kerala Public Service Commission to include the name of the applicant in the final ranked list to be published, based on the marks obtained by him in the selection process.

2. The document marked as Annexure A1 is the Gazette notification dated 30.11.2023 issued by the Kerala Public Service Commission for recruitment to the post of Lecturer in Arts, History and Aesthetics in the Technical Education Department (College of Fine Arts) - Category No.495/2023, with the last date of submission of application as 03.01.2024. Annexure A2 is the application details of the petitioner-applicant. The qualification prescribed in Annexure A1 notification for appointment as Lecturer in Arts, History and Aesthetics the Technical Education Department (College of Fine Arts) is First Class or Second Class Master's Degree in History of Arts with not less than 55% marks obtained from a recognised University. The qualification possessed by the applicant is Degree of Master of Fine Arts in History of Arts from Visva-Bharathi University, Santiniketan, West Bengal. In Annexure A4 short list, which was published by the Kerala Public Service Commission on 07.02.2025, the register number of the applicant is not included. Annexure A5 shows the profile of the applicant on the website of the Kerala Public Service Commission. Annexure A6 is a copy of the Government order dated 21.02.2025 issued by the Higher Education (J) Department, wherein it is provided as follows;

3. In O.A.No.468 of 2025, the Kerala Public Service Commission was arrayed as the sole respondent. The respondent Commission filed Ext.P2 reply statement dated 15.10.2025, opposing the reliefs sought for. In the original application, the Tribunal passed an interim order dated 12.03.2025, whereby the petitioner-applicant was allowed to participate in the process of selection. After considering the rival contentions, the Tribunal by Ext.P3 order dated 17.02.2026, dismissed the original application. Paragraphs 7, 8 and also the last paragraph of Ext.P3 order read thus;

“7. Admittedly, the applicant possesses an MFA in History of Arts issued by the Visba-Bharati University. The qualification notified in Annexure A1 is a Master's Degree in History of Arts. The respondent is willing to accept any degree which the State Government has accepted as equivalent to a Master's Degree in History of Arts. The State Government has not issued any order equating MFA in History of Arts with that of Master's Degree in History of Arts. On the other hand, vide Annexure A6 order, the Government has included MFA in History of Arts as a qualification for the post of Lecturer in Arts, History and Aesthetics. The respon