KERALA PUBLIC SERVICE COMMISSION Vs. VIMAL.C.A

JUDGEMENT

(1.) One of the questions posed in the written test conducted by the Kerala Public Service Commission ('PSC' for short) on 26.11.2015 for recruitment to the post of Food Safety Officer and the optional answers were as follows:

(2.) The respondents rely on the query dated 16.5.2016 and the answer dated 3.6.2016 elicited under the Right to Information Act, 2016 from the Food Safety and Standard Authority of India. The answer refers to Regulation No.2.3.31 of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 wherein standards of Jam are prescribed. The Regulation aforesaid indicates that the total soluble solids in a standard Fruit Jam should not be less than 65% W/W which is the biological requirement the product needs to conform. The respondents maintain that answer (c) of 65% W/W has been opted by them in the written test whereas the PSC has adopted answer

(3.) The Tribunal by common order dated 13.1.2017 impugned in these original petitions directed the PSC to take appropriate measures to effect changes in the ranked list accepting answer (c) as the correct one. The common order is challenged by the PSC in these two original petitions wherein respondents 1 and 2 ('respondents' for short) were the applicants before the Tribunal. The PSC in the meantime obtained an expert opinion from Dr.Mini Joseph, Head and Assistant Professor, Department of Home Science, Government College for Women, Thiruvananthapuram. The following is the extract of the report: