JYOTHI NAYAR Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioner was advised by the Kerala Public Service Commission for the post of Junior Lecturer in Botany on 18-5-1981. In pursuance to that advice she joined duty. On 25-8-1983 she was promoted to the cadre of Lecturer,

(2.) The petitioner joined the M.Sc. Course of the Calicut University during the years 1977-79. The result of the final examination was officially published on 5-5-1980. The Public Service Commission invited applications for the post of Junior Lecturer in Botany in the Collegiate Education Department as per Notification dated 25-9-1979. The last date for submitting the applications was 31-10-1979. The petitioner put in her application on 29-10-1979 as if she has passed the M.Sc. Botany Examination in first class. When the results were published she came out successful in the final examination with a first class. The Commission found out that on the date of filing the application she bad not passed the M.Sc. examination. Therefore, Ext. P1 notice was issued to the petitioner on 6-3-1984 to show cause why action contemplated by R.22 of the Kerala Public Service Commission Rules of Procedure should not be taken against her. The petitioner filed Ext. P2 reply on 26-3-1984. No further action was taken by the Commission on Ext. P1. Thereafter they issued Ext. P3 notice dated 24-7-1984 asking the petitioner to show cause why she should not be debarred from applying to the Commission for appointment or admission to tests for a period of two years under R.22 of the K.P.S.C. Rules of Procedure. The said notice is under challenge.

(3.) A detailed counter affidavit has been filed by the Kerala Public Service Commission. The main contention raised therein is that the petitioner in her application dated 29-10-1979 claimed to have passed the M.Sc. Examination in first class, that the results of the examination were published subsequent to that date, that the claim of the, petitioner that she possessed M.Sc. Botany Degree in first class was clearly a false statement, that had the real facts been known her application would not have been admitted, that she would not have been considered for selection as Junior Lecturer, that it was only due to the misrepresentation of facts that her application happened to be admitted, that notice issued under R.22 of the K. P. S. C. Rules of Procedure is not one falling within the scope of R.3(c) of the Kerala State and Subordinate Services Rules, that Ext. P3 is only a show cause notice, that the petitioner has to file objections thereto and that the petitioner can have grievance only if an adverse order is passed against her. On the above grounds it is contended that the Original Petition has only to be dismissed.