KERALA PUBLIC SERVICE COMMISSION Vs. SABEENA

JUDGEMENT

(1.) This case revolves around a challenge to a seemingly neutral rule of the Public Service Commission (PSC) regarding the submission of qualification certificates by the stipulated deadline, due to its disproportionate impact on individuals like Sabeena K.S., a 35-year-old differently-abled woman with 100% visual disability, the first respondent herein. Sabeena applied for the post of Upper Primary School (UP) Teacher in response to a notification issued by the PSC on 31/12/2019. The last date for receipt of completed applications was 05/02/2020. Unfortunately, she failed to upload her Kerala Teacher Eligibility Test (KTET) certificate, a mandatory qualification, with her application. Consequently, her application was rejected on 27/08/2021. PSC published a short list of candidates on 02/09/2021. Sabeena brought her grievance to the Tribunal, arguing that the rigid application of the rule unfairly discriminated against her due to her visual disability. Tribunal found that Sabeena had acquired the necessary qualifications, including the KTET certificate, well before the issuance of the notification. Tribunal emphasized that it defied common sense to suggest that she would have intentionally withheld submitting such a crucial certificate, given her 100% visual disability, and her total dependence on others to process the application online. Taking a humanitarian approach, the Tribunal directed the PSC to allow her to participate in the selection process despite her initial failure to upload the KTET certificate by the deadline.

(2.) This case raises an important question: whether the PSC's rule - although neutral on its face - fails to accommodate individuals with disabilities, thereby violating principles of equality and non-discrimination. The challenge involves considerations of whether reasonable accommodations for disabled candidates were provided and whether the rejection of her application was justifiable under the constitutional value of substantive equality, or if it violated rights under laws related to disability and equality in public employment (The Rights of Persons with Disabilities Act, 2016).

(3.) The learned counsel for the PSC, Shri P.C. Sasidharan, argued that the PSC's rejection of an application which is not conforming to the notification's stipulations is justifiable and cannot be contested before the Tribunal or this Court. He maintained that the PSC did not violate any laws in rejecting the application and that the Tribunal's contrary direction was improper. The learned Standing Counsel cited the following judgments: Kerala Public Service Commission v. Varghese (1977 KHC 367), Public Service Commission v. Saroja Nambiyar (1978 KHC 405), State of U.P and Others v. Harish Chandra and Others (1996 KHC 1193), Binu Kumar K.R v. Kerala Public Service Commission and Others [2010(1) KHC 714] and in the judgment of a Division Bench of this Court in OP(KAT). No. 47 of 2017 (Manoj.P.J v. Kerala Public Service Commission and Others).