SHAILA E J Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The short question arising herein is whether the application submitted by the petitioner to the Public Service Commission in the form prescribed for SC/ST candidates valued at Rs. 5/-, could be accepted as valid. She is not a Schedule Caste, but is a Muslim. According to the Commission, the application prescribed for general categories ought to have been submitted by the petitioner.

(2.) The notification issued by the Public Service Commission is for appointment to the post of H.S.A. (Maths) in various districts including, Alappuzha which has been produced as Ext.P3. On submission of application, she was allotted bar code No.28416529. But since she did not get the memo for the written test, she contacted the district office of the Commission and was informed that since the application submitted by the petitioner values only Rs. 5/- instead of the application worth Rs. 10/-, the same cannot be considered. Thereafter, she submitted a representation before the Secretary of the Commission and since no further information could be gathered, this Writ Petition has been filed wherein, by an interim order she was allowed to write the examination provisionally. By a later interim order dated 9.6.2010, it was clarified that she could be provisionally interviewed, but the result of the petitioner shall not be published without obtaining orders from this Court.

(3.) The contentions of the petitioner are many fold. It is pointed out that R.4 of the General Rules of K.S. & S.S.R., which is the concerned one, provides that for submission of an application to the Commission, no fee shall be levied. But in the general conditions of the notification (Ext.P5), Clause 12 provides that the cost of the application form is Rs. 10/- and the cost of the application form for SC/ST candidates is Rs. 5/-. Sub-clause (10) of Clause 26 provides that the application submitted without the prescribed price, will be summarily rejected. It is submitted that this will go against the provisions of the General Rules of K.S. & S.S.R. Ext.P6 is the amendment of R.4 introduced as per G.O.(P) No. 16/2009 P & ARD dated 8.10.2009 which provides for collection of cost of application at Rs. 5/- for SC/ST candidates and Rs. 10/- for other candidates. This is made retrospective from 31.12.2002 and the retrospectivity of the rule is challenged by the petitioner. Ext.P7 is another Government Order, viz. G.O.(P) No. 15/2001/P&ARD dated 5.10.2001 permitting the Commission to levy the cost of application form, if necessary. This is also under challenge, herein.