KERALA PUBLIC SERVICE COMMISSION Vs. SATHEESH

JUDGEMENT

(1.) The selection is to the post of Sub Inspector of Police (Trainee) for the 10% of the vacancies reserved for the Graduate Constabulary Wing of the Police and Vigilance department in the State. The contesting respondents in this bunch of original petitions are in-service candidates who applied for selection and were short listed by the Kerala Public Service Commission. It was found during the scrutiny of the documents that the contesting respondents had not either produced the requisite certificate or that it was not in the proper format as prescribed. The Kerala Public Service Commission asserts that such a certificate is essential whereas the contesting respondents maintain that the same is not necessary in the given situation.

(2.) Reliance is placed on Kerala Government Servants' Application for Posts (Private Employment and Government Service) Rules, 1958 ('the Rules' for short) for the necessity to produce a certificate. Reliance is also placed on the General Conditions attached to the notification inviting applications by the Kerala Public Service Commission for the format of the certificate. The Kerala Administrative Tribunal has by the order impugned held that there is no necessity for such a certificate much less in the prescribed format for the selection in question. The contesting respondents were directed to be included at the appropriate places in the ranked list if they are otherwise eligible by the order of the tribunal impugned in these original petitions.

(3.) We heard Mr. P.C. Sasidharan, Advocate for the Kerala Public Service Commission, Mr. Pirappancode V.S. Sudheer, Mr. V. Varghese, Mrs. P.K. Santhamma and Mr. T.T. Muhamood, Advocates for the contesting respondents as well as Mr. P.N. Santhosh, Senior Government Pleader at length.