LAWS(KER)-2020-11-409

RAMLATH K.A Vs. STATE OF KERALA

Decided On November 05, 2020
RAMLATH K.A Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Original Petition has been filed by petitioners 1 to 4 in the O.A.No.1494/2020 challenging order dated 2.11.2020 of the Kerala Administrative Tribunal. The 163 applicants had filed the Original applications inter alia contending that, though they have uploaded online applications pursuant to a notification dated 5.2.2020 for the post of UP School Teacher (Malayalam Medium), later, it was understood that their applications were rejected and they do not find a place in the list of candidates, who had applied. As per the usual procedure, after the applications are filed, the Kerala Public Service Commission used to send an intimation for confirmation before particular date and the applicants are persons, who did not get any such intimation and later on enquiry, it was found that their applications were not properly uploaded in the website. The petitioners, therefore, approached the Tribunal by filing the above Original Application inter alia seeking for a direction to declare that the applicants are entitled to take part in the selection process in the aforesaid post and for a direction to the KPSC to permit the applicants to take part in the said selection process pursuant to the aforesaid notification and for other consequential reliefs.

(2.) During the pendency of the Original Application, the Kerala Public Service commission had filed an objection producing a report of the Technical Committee and according to them, out of 174 complaints that had been received, there was no justification in the complaint raised by four candidates as their applications were recorded in the software system when they completed the application process itself later and confirmed their applications. The Committee therefore considered the question regarding whether 170 applications had been uploaded to the website. It was found that there was no technical error in the system and 170 persons, who had raised the complaint, had not properly uploaded in the application in the system. Taking note of the aforesaid facts, the Tribunal dismissed the Original Application.

(3.) While impugning the aforesaid order of the Tribunal, the learned counsel for the petitioners submits that the petitioners are persons, who have actually applied online to the KPSC and the Technical Committee's report ought not have been taken note of while considering their applications by the Tribunal.