SINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point in this case is: can a candidate who applied as a general candidate later claim the benefit of reservation, if their community was included in the backward community list after the last date for submitting the application?

(2.) The Kerala Public Service Commission (PSC) published a notification on 30/08/2016 inviting applications for selection to the post of High School Assistant (Physical Science) in Malayalam medium. The last date of application was 05/10/2016. Smt. Minusha K., the 7th respondent in this Original Petition, applied for the above post as a general candidate. She belongs to the Mukhari/Moovari community. On 18/12/2018, the Government ordered that the Mukhari/Moovari community shall be included in the OBC list under Schedule III, Part I of the Kerala State and Subordinate Services Rules, 1958 (hereinafter referred to as KS&SSR). Based on the above government order, Smt. Minusha obtained a non-creamy layer certificate from the Village Officer on 13/06/2019; accordingly, she updated her profile in the PSC portal. The PSC published the ranked list on 18/11/2020. Smt. Minusha was included in the general category. The petitioner herein, Smt. Sini K.V. was included in the OBC category. Smt. Minusha made a request to the PSC claiming the benefit of the OBC community. The PSC rejected her request. In a challenge made before the Tribunal, the Tribunal found that the PSC extended reservation in another notification for appointment of Women Police Constable in similar circumstances and, therefore, PSC cannot adopt a different yardstick. Further, the Tribunal was of the view that a reservation has to be applied at the time of appointment and therefore, there is no impediment in considering such a request for the benefit of a reservation at the time of appointment. Accordingly, the Tribunal set aside its decision and declared that Smt. Minusha shall be treated as a candidate belonging to the OBC, entitled to reservation. Considering her rank, it was ordered that she shall be given preference over the petitioner herein, who holds a lower rank in the OBC category.

(3.) The learned counsel Shri Nandakumar, appearing for the petitioner, placing reliance on the judgment of the Apex Court in Karn Singh Yadav v. State (NCT of Delhi) [(2024) 2 SCC 716], argued that eligibility criteria must be considered as applicable on the last date of receipt of the application, and submitted that any relaxation would deny the opportunity to similarly situated candidates. He also relied on a Division Bench judgment of this court in Kerala Public Service Commission v. Dineesh K.M. [2024 6 KHC 182].