M K SANTHAMMA Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner was one of the applicants for selection to the post of staff Nurse, and was ranked as number 467 in the ranked list brought into force by the Public Service Commission, with effect from 20-12-1980. There was however some doubt about the entry in her S. S. L. C., book relating to community, and the commission referred the matter to the Commissioner for Government Examinations, for verification. The Commissioner issued a notice to the petitioner. She admitted that the relevant column was, originally blank and that she herself had filled it up by inserting the word "Ezhava". But the Commissioner found, after due enquiry, that the entry was correct, though unauthorised. A duplicate S. S. L. C. book was therefore issued and the Commissioner held that no further action was necessary.

(2.) But the Public Service Commission thought that the making of the unauthorised entry amounted to tampering with the S. S. L. C. book, even if the entry was not false. Rule 22 of the Kerala Public Service Commission Rules of Procedure empowers the Commission to proceed against a candidate if he or she is found guilty of misconduct. Attempts to influence the Commission, its staff and examiners, attempts to prefer false complaints, making of false statements in the application form, "production of any false or tampered document", improper behaviour in connection with interviews and examinations, tampering with answer books and the like are all defined items of misconduct under the rule. The Commission therefore issued a notice to the petitioner to show cause why her name should not be deleted from the ranked list, for tampering with the S. S. L. C. book. She replied that the entry was made bona fide and truthfully and without knowing that it was such, a serious matter. By Ext. P12 order, however, the Commission rejected the explanation as unsatisfactory, and removed her name from the list.

(3.) This writ petition is directed against Ext. P12.