SINIMOL V.S Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following relief:-

(2.) Basic material facts for the disposal of the writ petition are as follows:-Public Service Commission invited application to the post of Computer Assistant Grade-II by gazette notification dated 22.03.2016 and the last date for submission of the application was 27.04.2016. One of the qualifications for the post was Higher Grade Certificate in K.G.T.E English Typewriting and Computer Word Processing or its equivalent.According to the petitioner, before January, 2002 Computer Word Processing was not forming part of the curriculum of K.G.T.E. English Typewriting. Now Computer Word Processing is also part of curriculum of K.G.T.E. English Typewriting. Resultantly the qualification is comprehensively described as K.G.T.E English typewriting by candidates when they applied to various posts. Petitioner has mentioned in the application that she passed K.G.T.E. English Typewriting (Higher) without specifically denoting Computer Word processing as its components. The petitioner figured in the main list and she produced all the certificate for physical verification including Computer Word Processing Certificate. But when the rank list was published, her name was not found and on an enquiry it was informed that, since the petitioner had not mentioned Computer Word Processing specifically along with English typewriting (Higher) she was not included in the rank list. It is thus challenging the action of the PSC not including the petitioner in the rank list, this writ petition is filed.

(3.) First respondent has filed a counter affidavit basically refuting the claims and demands raised by the petitioner. Among other contentions it is stated that, the notification inviting application for the post of Computer Assistant Grade II in Universities in Kerala was published as Category No.043/2016 in the Gazette dated 22.03.2016 with the last date fixed for the receipt of online applications on 27.04.2016. The probability list for the post was published on 21.07.2016 and the Rank list was published on 03.10.2016. Petitioner has submitted her online application for the post on 30.03.2016. It is also pointed out that, petitioner has claimed the Computer Word Processing English (lower) qualification in her profile on 05.08.2016 i.e., after the last date fixed for the receipt of online application on 27.04.2016. So also the petitioner has neither claimed nor proved the Computer Word Processing English (lower) qualification in her profile within the last date fixed for the receipt of application. Therefore in terms of Paragraph 16 of the General Conditions of notification a claim made subsequent to the application will not be entertained. Therefore according to the said respondent, the elimination of the petitioner from the final rank list is in accordance with law.