LAWS(KER)-2016-8-108

PRASANTH K.KANOTATHIL Vs. KERALA PUBLIC SERVICE COMMISSION

Decided On August 17, 2016
Prasanth K.Kanotathil Appellant
V/S
KERALA PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) The judgment dated 1.7.2016 passed in W.P(C) No.17596 of 2016 by which, the writ petition came to be dismissed is questioned in this appeal by the unsuccessful writ petitioner.

(2.) The records reveal that the writ petitioner/appellant has applied to the post of Draftsman Grade-I in the Kerala Water Authority pursuant to a notification inviting applications, published by the Kerala Public Service Commission (hereinafter referred to as the 'PSC'). The appellant was issued with an admission ticket directing him to appear for the written examination on 25.9.2015. The appellant appeared and his name was included in the supplementary list of eligible candidates. Thereafter he was called for verification on 10.12.2015 to which, he appeared with all relevant documents. The final list of the selected candidates for the said post was published on 4.4.2016. However, the appellant's name was excluded from the supplementary list of the selected candidates. The appellant made correspondence with the PSC. Consequently, Ext.P7 communication was issued to him by which, he was informed that the application filed by him was rejected for the reason that he has omitted to put his signature under the declaration in the Identification Certificate. Questioning Ext.P7 dated 15.4.2016, W.P(C) No.17596 of 2016 came to be filed, which is dismissed by the impugned judgment.

(3.) It is contended by the learned advocate appearing for the appellant that the defect pointed out by the PSC was only a minor one and the same was curable also. Hence, the PSC was not justified in cancelling the candidature of the appellant in the selection process. After hearing the learned counsel on both sides, the learned Single Judge dismissed the writ petition concluding that the signature under the declaration in the Identification Certificate is mandatory in nature and the same cannot be said to be trivial or inconsequential, in as much as, non-signing the declaration would result in cancellation of the candidature itself as per the guidelines issued by the PSC.