Minor defects in applications can be rectified without compromising the legitimacy of the selection process.

JUDGMENT

Manjula Chellur, Ag. C. J.

Heard the learned counsel for the appellant so also the learned standing counsel for the Commission. It is not in dispute that the appellant herein was also one of the applicant for the post of Attendant (Sidha), i.e., two reported vacancies in district wise at Idukki. It is not in dispute that the criterion for the appointment was a pass in Standard VII (new) or its equivalent and three years experience in handling Sidha Medicine. It is not in dispute that in pursuance of Ext.P1 notification, the certificate of experience has to be in the format indicated in the Annexure.

2. Apparently, the appellant was also called for the interview and it is not in dispute, she was not selected for the said post. The appellant approached the single Judge with a prayer to declare that the permission granted by the Commission to the first three candidates in the rank list to appear for the interview is not sustainable since they have not followed the prescribed conditions stipulated in the notification and also to issue a writ of mandamus directing the second respondent to delete their name from the rank list as they were not eligible to attend the interview. It is not in dispute that the appellant was also interviewed. As from the material placed on record, we note that out of 150 applications, only seven applicants were called upon to cure the minor defects and interview was held for five persons including the present appellant.

3. The main contention of the appellant is, several applications were rejected on the ground of non production of experience certificate or no attestation and counter signature by the controlling authority issuing the experience certificate. But there was no justification to invite only seven applications to cure such defects. According to him, there was no justification to hold the interview so far as the first three rank holders as their applications had to be rejected in accordance with the notification in question.

4. The learned single Judge after referring to the contentions of both the parties went into details to analyse whether the deficit found in the experience certificate produced by the selected first three candidates was major deficit or defect or a minor defect which could be cured. As per the submissions of the standing counsel for Commission and the records we note that though these three selected candidates or the first three rank holders produced experience certificate in the required format they were not counter signed by the controlling authority. Therefore they were asked to cure the defect. It is also not in dispute that the petitioner was also asked to cure such defect or deficit before asking them to appear for the oral interview. The only difference between the appellant and other candidates is, first three rank holders are selected and she is not selected, therefore she has approached the court challenging the very notification.

5. Apparently if other candidates were not called upon to cure the minor defects it is for these candidates to approach the court on the ground of discrimination on the part of the Commission. If the appellant finds such opportunity to cure the defect would go to the very selection process she would not have appeared for the interview or she would not have cured the defect as required by the Commission. She should have challenged the same contending that the exercise adopted by the respondent Commission is unsustainable. Apparently the appellant also responded to the call of the Commission to cure the minor defect and submit experience certificate with the counter signature of the controlling authority. In that view of the matter, we are unable to understand how the appellant can turn back and say Commission ought not have given such opportunity to the selected candidates and the whole process is unsustainable.

6. The learned single Judge after referring to the earlier judgment of this court whether minor defects could be permitted to