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2024 Supreme(Online)(KER) 33621

HIGH COURT OF KERALA
A. Muhamed Mustaque, P.M. MANOJ, JJ
THE KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
SABEENA.K.S – Respondent


Advocates:
P.C.SASIDHARAN, K.SHAJ, NISHA BOSE, SR.GOVERNMENT PLEADER

JUDGMENT

A.Muhamed Mustaque, J.

This case revolves around a challenge to a seemingly neutral rule of the Public Service Commission (PSC) regarding the submission of qualification certificates by the stipulated deadline, due to its disproportionate impact on individuals like Sabeena K.S., a 35-year-old differently-abled woman with 100% visual disability, the first respondent herein. Sabeena applied for the post of Upper Primary School (UP) Teacher in response to a notification issued by the PSC on 31/12/2019. The last date for receipt of completed applications was 05/02/2020. Unfortunately, she failed to upload her Kerala Teacher Eligibility Test (KTET) certificate, a mandatory qualification, with her application. Consequently, her application was rejected on 27/08/2021. PSC published a short list of candidates on 02/09/2021. Sabeena brought her grievance to the Tribunal, arguing that the rigid application of the rule unfairly discriminated against her due to her visual disability. Tribunal found that Sabeena had acquired the necessary qualifications, including the KTET certificate, well before the issuance of the notification. Tribunal emphasized that it defied common sense to sugges

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