BINEESH M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges Exts.P4 and P5 interim orders and seeks for a direction to the 2 nd respondent to publish the rank list of Kozhikode district pursuant to Annexure- A1 notification and issue advise memos thereafter. Similar direction had been sought with reference to Wayanad district as well. The substantial issue that has given rise to a batch of original applications pending before the Tribunal is regarding the qualification prescribed in the notification. The Tribunal by the impugned order dated 03.06.2020 had directed that the Commission shall keep in abeyance publication of the rank list in the remaining districts. It was pointed out that in respect of some of the districts, the rank list had already been published. The said interim order had been extended by order dated 29.06.2020 and it is brought to our notice that the interim order is extended until 04.08.2020 and the matter is listed for hearing on 03.08.2020. The applicants before the Tribunal are persons claims to have been qualified in terms with the notification issued for selection to the post of HSA in Physical Science. Provisional orders had been issued by the Tribunal permitting those candidates to participate in the selection process. As matters stand now, the rank list requires to be published but had been interdicted by the Tribunal by the interim order.

(2.) The above original petition arises only from the order passed in O.A.(EKM) No.917/2019. We are aware of the fact that there is a batch of original applications and a common order has been passed in all the cases. The Tribunal had already posted the matters to be heard on 03. 08.2020. The apprehension expressed by the learned counsel for the petitioner and other counsels, who are opposing the original applications, is that there would be delay in disposal of these cases insofar as the Covid-19 protocol is continuing in Thiruvananthapuram district and it is being extended to various other parts of the State.

(3.) After hearing the learned counsel appearing on either side, the only question to be considered by the Tribunal is whether the applicants before the Tribunal are qualified in terms of the notification. In all other respects Kerala Public Service Commission is free to take a decision. Insofar as the Tribunal had already permitted the applicants to participate in the selection process, it will only be appropriate, that the rank list is published showing the names of the applicants as well, indicating that their selection is provisional. Insofar as the matters listed for hearing on 04.08.2020, any advice pursuant to the publication of the rank list, shall be made only after orders are passed by the Tribunal. The original petition is disposed of modifying Exts.P4 and P5 to the above extent.