GOPAKUMAR P Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) PETITIONER is an applicant to the post of General Manager in Pathanamthitta District Co-operative Bank. According to the petitioner, he is aggrieved by the rank list published by the KPSC by making the 4th respondent as rank No.1 after changing the earlier stand of KPSC that the experience of the 4th respondent in Reliance Life Insurance Company Limited is not sufficient. According to the petitioner, he applied to the said post since he had requisite qualification and he was ranked No.1 in the rank list of KPSC which is evident from Ext.P2 with reference to District Co-operative Bank, Pathanamthitta District.

(2.) HE was also issued with an advice memo Ext.P3. In the meantime, 4th respondent filed W.P.C.12895/2011 alleging that though he was qualified he was not included in the rank list. By an interim order dated 27/5/2011 produced as Ext.P4, this Court directed not to fill up the said post until further orders. The petitioner contended that the 4th respondent does not have the prescribed experience since the experience certificate produced by him related to the one issued by the Reliance Life Insurance Company Ltd. in which he was only a Territory Manager (Branch Manager) and KPSC has not accepted such an experience certificate with reference to the 4th respondent. The petitioner also contends that Ext.P6 experience certificate of the 4th respondent is not genuine and that Reliance Life Insurance Company Ltd. is not a public limited company and therefore according to him, the 4th respondent does not have the prescribed qualification.

(3.) THE main argument of the petitioner is that the experience certificate produced by the 4th respondent cannot be taken into consideration by KPSC for the notified post as Reliance Life Insurance Company Ltd. is not a public limited company and secondly when KPSC themselves have not considered the experience from the said company as sufficient experience, KPSC cannot have changed its stand on a later occasion. The petitioner also produced certain additional documents along with additional reply affidavit as Exts.P15 to P18.