AJITH K Vs. ANEESH K.S.

JUDGEMENT

(1.) The Kerala Public Service Commission ('PSC' for short) invited applications for selection to the post of Junior Health Inspector Grade II in Municipal Common Service by notifications dated 26.12.2014 and 29.5.2015. The notifications prescribed the qualification as follows:

(2.) Reliance is placed on Rule 10(a)(ii) of Part II KS&SSR which is extracted below:

(3.) It may at once be noticed that the comparison report and the letter of the Principal Secretary have come into existence after the publication of the short list by the PSC and pending cases before the Tribunal. The report and letter also militate against the response dated 9.11.2016 made to the query under the Right to Information Act put in by one of the aspirants to the post. The report and letter also militate against the communication dated 14.3.2017 of the Director of Urban Affairs and another response dated 12.4.2017 of the State Public Information Officer. All these responses and communication unequivocally point out that the acquisition of the Diploma does not presuppose the acquisition of the Certificate which is the qualification. Therefore the contention of the contesting respondents that the comparison report dated 10.1.2017 and the letter of the Principal Secretary dated 7.7.2017 have been created for the purpose of the case cannot be brushed aside. The further contention of the contesting respondents that the rules of the game cannot be altered midway also assumes significance in the facts and circumstances. The Tribunal has only directed the exclusion of those who did not possess the requisite qualification for the post and recast the short list to be published by the PSC. We do not think that the common order of the Tribunal warrants interference in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.