P.J. REJIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition under Art. 227 of the Constitution of India is filed challenging the order dated 18.11.2013 of the Kerala Administrative Tribunal (hereinafter referred to as KAT) in O.A. No. 2545/2013. Vide the said order, the K.A.T. dismissed the application filed by the petitioner seeking a direction to the 2nd and 3rd respondents to include the petitioner in Annexure A3 rank list of candidates for the post of H.S.A. (Malayalam) in the General Education Department, Palakkad District or in the alternative to dispose Annexure A8 representation preferred by the petitioner. The brief facts that led to the order dated 18.11.2013 of the K.A.T. are as follows:

(2.) While the petitioner challenged the said order of the P.S.C. through a Writ Petition before this Court (later converted into an O.A. and transferred to the K.A.T.), the challenge did not succeed before that forum. A further attempt, through an original Petition under Art. 227 of the Constitution of India, before this Court also did not succeed. This Court did, however, grant the petitioner liberty to substantiate his claim for the benefit of reservation as applicable to "other Christian" community by moving the appropriate authorities through a representation as and when he obtained a non-creamy layer certificate. The judgment of this court (produced as Annexure A5 in this Original Petition) attained finality with the dismissal, by the Supreme Court, of the S.L.P. preferred by the petitioner against the said judgment. The order of the Supreme Court is produced as Annexure A6 in this Original Petition.

(3.) It would appear that, acting on the strength of the limited liberty, granted by this Court in Annexure A5 judgment and the Supreme Court in Annexure A6 order, the petitioner approached the P.S.C. with a request to consider his claim for inclusion in the rank list as an "Other Christian" candidate on the strength of the non-creamy layer certificate that he had since obtained. This was through the representation produced as Annexure A8 in this Original Petition. When nothing was heard from the P.S.C. the petitioner approached the K.A.T. through O.A. No. 2545/2013 which was disposed by the order impugned in this Original Petition.