KERALA PUBLIC SERVICE COMMISSION Vs. K. JAYASREE

JUDGEMENT

(1.) THIS appeal at the instance of the Kerala Public Service Commission is from the judgment of the learned Single Judge in OP No. 1597/2000 filed by the 1st respondent herein. The learned Single Judge allowed the prayer made by the petitioner for granting her a further chance to undergo the endurance test for selection to the post of Agricultural Assistant Grade -II for the reason that she could not take part in the test on the date originally fixed, as she was in advanced stage of pregnancy. The learned Judge directed Kerala Public Service Commission to conduct an endurance test for the petitioner before finalising the rank list of Agricultural Assistant Grade -II. It is submitted at the Bar that pursuant to the judgment of the learned Single Judge endurance test was given to the petitioner on 29/06/2000 and she came out successful in the test the Public Service Commission challenges the above judgment of the learned Single Judge on the ground that the direction given by the learned Judge would amount to a direction to relax the Conditions of Rules of Recruitment by the Public Service Commission, which, according to the appellant, is directly against the dictum laid down by the Supreme Court in Jammu & Kashmir public Service Commission v. Dr. Narinder Mohan : 1994 KHC 789 : 1994 (2) SCC 630 : 1994 SCC (L&S) 723 : 1994 (27) ATC 56 : AIR 1994 SC 1808 : 1994 (1) LLJ 780 : 1994 (1) CLR 1 : 1994 (1) SLR 246. It is further contended that if the PSC had accepted the request made by the petitioner, it would be violating the dictum laid down by this Court in Rangaswamy v. Kerala Public Service Commission, 1982 KHC 138 :, 1982 KLT 574 :, ILR 1982 (2) Ker. 59; 1982 KLN 315. The learned counsel for the appellant pointed out that if such relaxation are granted on the ground of ill -health, early stage of pregnancy, advanced stage of pregnancy etc., it will be against the larger interest of the candidates and the requirements of the public service. It will be doing injustice to a larger section of the public offending Articles 14 and 16 of the Constitution.

(2.) WE find no merit in the contentions raised by the Public Service Commission in this appeal. Pursuant to a notification issued by the PSC in the year 1994 for appointment to the post of Agricultural Assistant Grade -II the petitioner also submitted her application. A written test was conducted in the year 1997 and a list was published by the Public Service Commission on 08/02/1999, in which the petitioner was also included. Candidates who possess Vocational Higher Secondary Certificate in agriculture has to undergo an endurance test, whereas the diploma holders are exempted from it. The petitioner was placed as serial No. 739 in the short list published by the Public Service Commission.

(3.) ADMITTEDLY the list was not finalised at that time. It was finalised only on 20/05/2000. The period of extension, the petitioner sought, would have been over by the time she filed the original petition. Therefore, even if her prayer was granted by the Public Service Commission, it would not have in any manner delayed the finalisation of the list.