LAWS(KER)-2020-10-95

SARITHA S. P. Vs. KERALA PUBLIC SERVICE COMMISSION

Decided On October 05, 2020
Saritha S. P. Appellant
V/S
KERALA PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) On the strength of an experience certificate obtained from a firm of Chartered Accountants, the petitioner applied for being selected to the post of Lower Division Compiler (LD Compiler) with the Kerala Live Stock Development Board Limited, in response to a notification issued by the Kerala Public Service Commission (PSC for short).

(2.) The PSC, but, rejected the application and informed the petitioner, a copy of which communication has been produced on record as Ext.P4, that the experience claimed by her is inadequate, as per the prescriptions in the notification. It was explained therein that what is required is a certificate of experience from a Registered Company and that the one now produced by the petitioner from a firm of Chartered Accountants cannot be, therefore, accepted.

(3.) The petitioner challenges Ext.P4 communication of the PSC as being illegal and unlawful, asserting that the firm of Chartered Accountants, which has issued the experience certificate, namely Ext.P2, is a Body Corporate, going by the provisions of the Chartered Accountants Act, 1949 (hereinafter referred to as 'the Act' for short). The petitioner falls upon Section 3 of the said Act to assert that every Chartered Accountant, who is a member of the Institute of Chartered Accountants of India, is statutorily construed as being a Body Corporate, going by its provisions.