KERALA PUBLIC SERVICE COMMISSION Vs. JYOTHIS T.S

JUDGEMENT

(1.) The Original Petition is filed by the Kerala Public Service Commission. Aggrieved by the direction issued by the Kerala Administrative Tribunal requiring the commission to reconsider the entire aspects pertaining to the qualification and eligibility of respondents 1 and 2, who had submitted applications seeking appointment pursuant to Annexure-A1 Notification issued by the PSC.

(2.) The PSC had issued Annexure-A1 Notification seeking applications from eligible candidates for appointment to the post of Head of Section in Computer Application and Business Management (Government Polytechnics) under the Technical Education Department. In the Notification the qualification prescribed is as under:

(3.) In Note (ii) of Annexure-A1 Notification it has been specified that experience claimed by the candidate shall be the one gained after acquiring the basic qualification for the post. The first respondent is a B.Tech (Computer Science & Engineering) degree holder and has acquired Masters in Business Administration. The second respondent is having B.Tech degree in Computer Science & Engineering as well as the qualification of Master of International Business. Both respondents submitted their applications pursuant to Annexure-A1 on the premise that they had the requisite qualification and experience. Thereafter, certificate verification was conducted on 13.11.2015 of only 13 out of 824 candidates. Later, from the website of the PSC the respondents came to understand that their applications stand rejected . In the case of the first respondent, the reason shown is "no proper experience", no proper qualification and in the case of the second respondent as "no proper experience". It was aggrieved by the improper rejection of their applications that the respondents had approached the Administrative Tribunal seeking to set aside the proceedings by which their applications were rejected and to complete the selection process treating the applicants as fully qualified for appointment to the post of Head of Section in Computer Application and Business Management (Government Polytechnics) under the Technical Education Department. By the impugned order, the Tribunal allowed the Original Application and directed the PSC to reconsider the entire aspects in respect of the applicants in the light of the findings in the order and to take a decision within two months.