KERALA PUBLIC SERVICE COMMISSION Vs. TESSYMOLE SEBASTIAN

JUDGEMENT

(1.) PETITIONER (first respondent in the appeal) was working in the Public Works Department as Lower Division Clerk. She commenced her service with effect from 27-10-1997. Prior to her service as a Government employee, she had worked in the Kerala State Electricity Board for a period of two years as Assistant Engineer and Sub Engineer. Petitioner is a first class graduate in Civil Engineering and she had completed graduate apprenticeship for a period of one year in P. W. D itself. The post of Assistant Engineer (Civil) in P. W. D. is 3 category included in the Kerala Engineering Subordinate Service Rules. The method of appointment for the post is by direct recruitment from the open market and recruitment from departmental candidates. 6% vacancies Were reserved for departmental candidates. Qualifications prescribed for the post are as follows:

(2.) FOR the departmental candidates from the clerical cadre, apart from qualification, six year's experience is also necessary. Appellant Public Service Commission invited applications for the post of Assistant Engineer (Civil) from departmental candidates in the P. W. D. as per gazette notification dated 26-9-2000. Last date for receipt of application was 22-11-2000. Petitioner applied for the above post. A petition was also pending before the Government for exempting from the minimum service of six years for appointment to the post from among the departmental candidates and at the time of application petitioner informed the P. S. C. that her application for exemption to the Government is pending. Since petitioner's application was pending with the Government, P. S. C. allowed her to appear in the test and interview and she was provisionally ranked as 13b. Before her selection but after the last date fixed for submission of application, order was issued exempting her from the above experience.

(3.) EXT. P-2 is the exemption order which reads as follows: