BINDU V.K. Vs. P.S.C.

JUDGEMENT

(1.) The petitioner made an application, pursuant to the notification dt. 5-6-1990 issued by the 1st respondent PSC for the post of HSA (Mathematics). The last date fixed for submission of application as per the said notification, a copy of which is made available by the Standing Counsel for the 1st respondent, was fixed as 18-7-1990. The petitioner's application was dt. 13-7-1990. B.Ed. degree was one of the qualifications fixed for the post. As the petitioner had just completed her B. Ed. Examination in the month of April, 1990, she undertook to submit the B.Ed. Degree Certificate in due course. Petitioner's application though not accompanied by the B. Ed. Degree Certificate was entertained by the 1st respondent - PSC. She was called for a written test. Petitioner claims that she was included in the short list published by the 1st respondent showing the candidates who came out successful in the written test. Subsequently, the P. S. C. issued Ext. P3 directing the petitioner to produce the B. Ed Degree Certificate and the mark list. Pursuant to Ext. P3, the petitioner submitted vide Ext. P4 dt. 23-11-1992 the required documents which she had received by that time. By Ext. P5 proceedings, the 1st respondent rejected the application of the petitioner on the ground that she was not qualified for the post as on the date of her application dt. 13-7-1990. She filed a representation evidenced by Ext. P6 pointing out that the results of the B. Ed examination conducted in April, 1990 were published two weeks after the date of her application and so far as the P. S. C. had allowed her to sit for the written test, she should be considered for appointment to the posts which, if any, available after those who are qualified on the last date of submission of applications and her application should not be treated as having been rejected in absolute terms. The petitioner now seeks to set aside Ext. P5 and also a direction to consider the petitioner for selection to the post of High School Assistant (Mathematics) on the basis of her rank in the competitive written examination.

(2.) Heard the learned advocate for the petitioner and the Standing Counsel for respondents.

(3.) The learned advocate for the petitioner urged the following points in support of the petitioner's case. (1) The petitioner became duly qualified by the time the P. S. C. initiated proceedings for selection by assessment of comparative merits of the candidates, (2) The petitioner had not suppressed any material facts in her application and she had in fact mentioned in her application that she could hot produce the B. Ed. Degree Certificate and the mark list because the results of the examination had not been published by the time she submitted application on 13-7-1990. After having entertained the application, the 1st respondent erred in rejecting her candidature. (3) The 1st respondent did not properly advert to the issues involved while passing Ext. P5 insofar as the reason for rejection of the petitioner's application is shown as non possession of the prescribed qualifications as on 13-7-1990. (4) as per R.28 (bbb) of the K. S. and S. S. R. the date of passing the examination is to be taken as the last day of the examination.