KERALA PUBLIC SERVICE COMMISSION Vs. PRAJEESH JOSEPH

JUDGEMENT

(1.) Admit. Adv. Vargheese V. appeared on behalf of respondents 1 and 2.

(2.) The original application has been filed by respondents herein inter alia challenging the action of the Kerala Public Service Commission in cancelling notification issued for appointment to the post of Cath Lab Technicians in the Medical Education Department. Notification was issued on 03-10-2017. The Special Rules came to be amended in the meantime and accordingly the notification dated 03-10-2017 has been cancelled and KPSC published fresh notification Annexure-A15 on 15-11- 2019. The examination in respect of the said new notification is scheduled to be conducted on 01-12-2020. Admittedly the petitioners were not qualified as per the amended Special Rules and they did not apply pursuant to notification dated 15-11-2019, on account of age factor. The Tribunal however directed that until a final adjudication is made, the applicants should be permitted to participate in the written examination which is scheduled to be held on 01-12-2020.

(3.) Apparently this is a case in which the examination is being held pursuant to the second notification dated 15-11-2019, where admittedly the applicants on account of their over age would not qualify. Therefore the direction to permit them to write the examination was absolutely unwarranted. As far as their claim that the earlier notification could not have been cancelled and the vacancies arising during the pendency of the said notification and before Special Rules were amended is to be continued is a matter which requires to be adjudicated by the Tribunal in accordance with law. For adjudicating the said claim by the respondents, there is no necessity to permit them to write the examination which is apparently held for selecting the candidates pursuant to the notification dated 15-11-2019.