LAWS(KER)-2004-4-27

SEBASTIAN Vs. STATE OF KERALA

Decided On April 07, 2004
SEBASTIAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) STATE of Kerala in exercise of the power conferred by r. 10 (b) (iii) of Part II of Kerala STATE and Subordinate Service Rules, 1958 (hereinafter referred to as 'the Rules') issued Ext. P8 order dated 11. 9. 2001, directing that the advice of the Kerala Public Service Commission for appointment of the petitioner as Police Constable in the M. S. P. Bn. , Malappuram shall not be given effect to. Petitioner, aggrieved by the above order, has filed this O. P. seeking to quash Ext. P8.

(2.) KERALA Public Service Commission invited applications in the year 1998 for selection to the post of Police Constables in Armed battalion. Candidates had to come out successful in the written examination, physical efficiency test and medical examination for inclusion of their names in the select list. Petitioner passed all the tests and he was included in the ranked list. He was advised for appointment according to his turn. Ext. P1 is the copy of the advice memo issued to the petitioner on 6. 7. 1998.

(3.) EXT. P8 order is attacked by the petitioner mainly on three grounds: (1) Total non-application of mind. (2) Wrong application of the principles of law and (3) Violation of the principles of natural justice.