KERALA PUBLIC SERVICE COMMISSION Vs. PRADEEPAN K.P.

JUDGEMENT

(1.) The Public Service Commission is in appeal, aggrieved by the direction in the impugned judgment, whereby the learned Single Judge, after finding the writ petition to be bad for delay and non- impleadment of necessary parties, proceeded to issue certain directions in favour of the petitioners.

(2.) The facts in brief, as narrated in the writ petition, are as follows; The petitioners had applied for selection to the post of Painter Grade-II in the KSRTC, pursuant to Exhibit P1 notification dated 14.5.2008 issued by the PSC. The essential qualification prescribed in the notification was ability to read and write Malayalam, Tamil or Kannada and to paint letters and mix colours properly. Minimum five years experience as Painter was also prescribed. After conduct of OMR test and verification of certificates, a short list was published. Apparently due to dearth of SC/ST candidates in the list, the PSC called for experience certificates from all candidates who had appeared in the OMR test. After verification of valid certificates thus received, a fresh probability list was published on 30.11.2012. Subsequently, based on requests received from a large number of candidates seeking one more opportunity to submit defect free certificates, the PSC decided to provide a further opportunity for production of certificates. Accordingly, an addendum notification and probability list containing the names of 1303 candidates was published on 8.11.2013. The petitioners allege that, contrary to the stipulation in Exhibit P1 notification, the PSC had exempted SC/ST candidates from production of experience certificates, based on its Circular No.7/2013 dated 15.5.2013 and Exhibit P5 Circular issued by the Government. The names of those SC/ST candidates without the requisite experience were also included in the probability list. The petitioners therefore sought to quash the probability list, to the extent it contains the names of candidates without the notified experience and to modify the rank list by deleting the names of those candidates.

(3.) The PSC admitted of having exempted candidates belonging to SC/ST community from submission of experience certificates on the basis of its Circular dated 15.5.2013. It was submitted that the ranked list was published way back on 25.3.2014 whereas the writ petition was filed only on 25.6.2015, more than a year later. The third respondent, who was impleaded in his alleged capacity as the representative of the SC candidates whose names were included in the probability list in spite of their not having the requisite experience, submitted that he had the requisite experience and that on the basis of his rank, he was issued appointment order dated 4.9.2014 and had joined service.