KERALA PUBLIC SERVICE COMMISSION Vs. SABEETHA

JUDGEMENT

(1.) Respondents 2 and 3 in O.A.Nos.668 of 2022 and 476 of 2022 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram ('the Tribunal' for short), have filed these respective original petitions under Article 227 of the Constitution of India, challenging the common order dtd. 16/12/2024 passed by the Tribunal in those original applications.

(2.) The party respondents in these original petitions applied for the selection to the post of LP School Teacher (Malayalam Medium) conducted by the 1st petitioner Kerala Public Service Commission ('KPSC' for short), in response to Annexure A1 notification dtd. 31/12/2019. The written examination pursuant to Annexure A1 notification was held on 24/11/2020. The date of the interview with respect to the applicants in O.A.No.476 of 2022 was fixed on 17/12/2021 and 6/1/2022, respectively.

(3.) In O.A.No.476 of 2022, the Tribunal passed an interim order on 25/3/2022 directing the 1st petitioner to issue appropriate direction to the District Office of KPSC at Malappuram to permit the applicants therein to provisionally participate the interview scheduled to be held from 6/4/2022 onwards or on any other common date, which shall be informed in writing to the applicants. It was made clear in that order that the provisional participation allowed will not enure any right on the applicants. However, the interim relief sought by the applicant in O.A.No.668 of 2022 was rejected by the Tribunal through an interim order dtd. 20/4/2022. The said interim order was challenged by the applicant in O.A.No.668 of 2022 before this Court in O.P.(KAT)No.119 of 2022. By an interim direction, this Court permitted the applicant to participate in the interview on 29/4/2022 or on any other convenient date, which the KPSC was directed to inform the applicant in writing. It was made clear in that interim order that merely because the applicant was permitted to participate in the interview provisionally, no rights would ensure to the applicant, and the said arrangement would be subject to the outcome of the original petition. Later, by the judgment dtd. 7/7/2022, this Court disposed of O.P.(KAT)No.119 of 2022, making that interim order absolute and relegating the applicant to the Tribunal for a decision in the O.A. It was made clear in that judgment that all contentions of the parties on the merits of the case are left open to be agitated before the Tribunal.