KERALA PUBLIC SERVICE COMMISSION Vs. DR.ARUN SACHU

JUDGEMENT

(1.) The respondent along with another secured a place in the short list of candidates who were found provisionally eligible for selection to the post of Lecturer in Microbiology in Medical Education Department. Consequently the respondent was requested to appear in person for the interview along with his testimonials for verification by the petitioner Public Service Commission on 26.04.2017. The respondent was undergoing M.D.(Microbiology) degree course in the Amritavishwa Vidyapeetham University at that time and his written examinations were over on 12.04.2017. But the practical examination and viva-voce stood scheduled between 26.04.2017 and 28.04.2017 although the venue and time were yet to be fixed by the head of the department.

(2.) The respondent did submit a representation dated 20.04.2017 to the petitioner seeking permission to attend the interview slated on 26.04.2017 on a date either before or after the practical examination and viva-voce. The respondent thereafter moved the Kerala Administrative Tribunal in O.A. (EKM) No.810/2017 seeking a direction to the petitioner to defer the interview slated on 26.04.2017. An interim order dated 24.04.2017 followed whereby the Tribunal directed the petitioner to postpone the interview to a convenient date other than 26.04.2017, 27.04.2017 or 28.04.2017.

(3.) The petitioner proceeded with the interview and verification of certificates in respect of other candidates present in the absence of any order of stay and the respondent however did not turn up. It appears that a common interview board had been constituted by the petitioner for conducting the exercise for 57 posts involving as many as 155 candidates which was scheduled in advance. The petitioner moved the Tribunal in M.A.(E) No. 698/2017 for vacating the interim order dated 24.04.2017 on the premise that it will entail in delay in the publication of ranked list. The Tribunal annoyed at the petitioner conducting the interview of others on the date scheduled dismissed the miscellaneous application and made the interim order absolute. O.A.(EKM) No.810/2017 was disposed of by order dated 25.05.2017 directing the petitioner to conduct the interview and verification of the certificates of the respondent before publication of the final list.