LAWS(KER)-1999-3-15

MANOJ KUMAR Vs. KERALA PUBLIC SERVICE COMMISSION

Decided On March 22, 1999
MANOJ KUMAR Appellant
V/S
KERALA PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) The petitioner is an applicant to the post of Assistant Motor Vehicles Inspector, when the Public Service Commission invited applications as per Ext. P1 notification. In the rank list prepared the petitioner is ranked as 448. The petitioner submits that applications submitted by several others including the 3rd respondent were defective. Such applications were liable to be rejected in terms of Clause.17 of the general conditions in Ext. P1 notification. In spite of that such candidates were allowed to cure the defects in the applications and their applications were considered. About 300 persons ranked above him in the list are the persons thus allowed to cure the defects in the application. Such applications were in terms of the general conditions in the notification to be rejected. If those applications are rejected, necessarily the petitioner has a good chance for appointment. Therefore, consideration of all such defective applications and indulgence shown by the Public Service Commission to allow such applicants to cure the defects, prejudiced the petitioner. Therefore, the petitioner has approached this Court challenging the list and seeking a direction to delete the names of such candidates whose applications at the first instance found to be defective or irregular. True there is a clause in the general conditions in the notification as follows: