KERALA PUBLIC SERVICE COMMISSION Vs. SWAPNA P.

JUDGEMENT

(1.) The petitioner-Kerala Public Service Commission (hereinafter "PSC") is aggrieved with the order passed by the Tribunal, directing the 1st respondent to be treated as an Other Backward Class (OBC) candidate and include her in the rank list as an OBC as per the application made pursuant to the notification dated 12.03.2015. She would then be entitled to an advice and consequential appointment in the relevant turn of OBC candidates.

(2.) On facts, it has to be stated that the PSC notified appointments to the post of Pharmacist Grade II, vide notification dated 12.03.2015. The applications were to be submitted on or before 16.04.2015. The 1st respondent submitted her application claiming to have the status of a Scheduled Caste, coming under Tandan Community. Admittedly she belongs to Palakkad and Tandans in Palakkad were removed from the Scheduled Caste category as per the Constitution Scheduled Caste Order Amendment Act 2007 produced as Annexure A2. The 1st respondent asserts she applied, bonafide believing that Tandan Community in Palakkad also was covered under the Scheduled Caste orders. When the rank list was published she was included in the rank list at rank No.97 with her caste status shown as Scheduled Caste. The 1st respondent at the time of One Time Verification (for brevity 'OTV') produced the certificate for an OBC which was rejected by the PSC. The applicant approached the Tribunal.

(3.) The Tribunal found that the PSC having issued Annexure A8 erratum notification dated 16.05.2018 removing the 1st respondent from the category of Scheduled Caste candidates; it was only proper that the rightful claim of the 1st respondent was also considered before such removal was effected. It was also found that PSC itself had acted upon the subsequent information that the applicant did not belong to Tandan category but only under OBC category. The Tribunal held that when the correct caste status of the applicant was known to the PSC during the OTV of certificates while issuing erratum notification and effecting modifications the PSC was bound to ensure that the correct caste status of the applicant was mentioned in the rank list.