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Ashamini A.T

High Court Of Kerala|14 October, 2014
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JUDGMENT / ORDER

Antony Dominic, J. Petitioner was the applicant in OA No.1280/14. By Ext.P2 order dated 16th of July, 2014, the Tribunal dismissed the O.A. It is challenging this order, the OP is filed.
2. Petitioner was an applicant for the post of Last Grade Servant and Villageman in the Revenue Department, for the filling up of which, PSC invited applications. In so far as it is relevant, her SSLC book showed her caste as Hindu Nadar whereas in the non creamy layer certificate, it was shown as Latin Catholic other than Anglo Indian. The community status shown in the SSLC book was corrected as Latin Catholic other than Anglo Indian and the same was notified in the gazette only on 01/4/14. However, long prior to that, the ranked lists were finalised by the PSC on 29/6/12 and 23/5/13. In such circumstances, her request for making necessary amendments in the ranked list was rejected by the PSC and this grievance led to the filing of the O.A. The impugned order passed by the Tribunal
OP(KAT) No.351/14
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shows that following the provisions contained in Rule 17 C of KS & SSR, the Tribunal held the request as not tenable. It is this conclusion, which is impugned before us.
3. We heard the learned counsel for the petitioner and also the learned standing counsel for the PSC.
4. Reading of Rule 17 C shows that the candidate claiming the benefit of relaxation/reservation in appointments is bound to produce certificates evidencing the same before the finalisation of the ranked list. In other words, once the ranked list is finalised, it is not open even for the PSC to make amendment in so far as the caste status of candidates included therein are concerned. As we have already indicated, those ranked lists were finalised on 29/6/12 and 23/5/13. The gazette notification amending the caste status of the petitioner as contained in the SSLC Book was published only on 01/4/14. On the basis of such gazette notification, when request for modification was made, that could not have been entertained by the PSC in view of the provisions contained in Rule 17 C mentioned above. The
OP(KAT) No.351/14
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conclusions of the Tribunal is perfectly consistent with Rule 17 C. We do not find any reason to interfere with the impugned order.
OP is dismissed.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ANIL K. NARENDRAN JUDGE
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Title

Ashamini A.T

Court

High Court Of Kerala

JudgmentDate
14 October, 2014
Judges
  • Antony Dominic
  • Anil K Narendran
Advocates
  • R S Kalkura Smt
  • R Bindu
  • Sri
  • M S Kalesh Sri Harish
  • Gopinath Sri Johnson
  • Jose Panjikkaran