IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 3402 of 2009(E) 1. SHEEBAMOL P.H., (REGISTER NO. 157158), ... Petitioner Vs 1. KERALA PUBLIC SERVICE COMMISSION, ... Respondent 2. DISTRICT OFFICER, K.P.S.C. DISTRICT, For Petitioner :SRI.LIJI.J.VADAKEDOM For Respondent : No Appearance The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR Dated :11/02/2009 O R D E R T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3402/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2009 J U D G M E N T
The petitioner was a candidate for selection to the post of
Lower Division Clerk in various departments in Kottayam District. The
preliminary select list was published on 15/11/2008 and the petitioner’s
name is included in the probability list. Ext.P1 is the letter by which the
petitioner was directed to appear in the office of the Public Service
Commission at Kottayam on 10/12/2008 for verification of documents etc..
The same is dated 02/12/2008. The said letter reached the petitioner’s
residence only on 12/12/2008. The petitioner could not therefore, appear on
the crucial date. Thereafter, the petitioner approached the second
respondent and reported about the delay in getting the communication. But
the second respondent expressed his difficulty in conducting a fresh
verification. It is in these circumstances, the petitioner has filed this writ
petition. The petitioner is relying upon Ext.P2 circular issued by the
Government to the effect that communications relating to interview should
be sent to the candidates concerned atleast 15 days ahead.
2. Heard the learned Standing Counsel for the Public Service
Commission. It is submitted that the rank list have been finalised and it is
also pointed out that Ext.P1 order was issued to those candidates who failed
to appear for verification of certificates between 25/11/2008 to 01/12/2008.
The learned counsel for the petitioner submitted that for the verification
during that period no personal intimation was sent and it was in these
circumstances the petitioner could not appear on those dates also.
3. Going by Ext.P1, dated 02/12/2008, there was only eight day’s
gap for the intimation. Unfortunately, the petitioner did not receive the
same in time also. Therefore, the petitioner cannot be faulted for her non
appearance. In that view of the matter, another opportunity can be given to
the petitioner to appear for verifying her certificates.
4. Therefore, there will be a direction to the second respondent to
conduct verification of the certificates of the petitioner on an appropriate
date. It is agreed that such verification can be done on 20/02/2009 between
10 a.m to 12 a.m in the office of the second respondent. The petitioner is
directed to produce all relevant documents for verification along with the
copy of this judgment. Depending upon the outcome of the said
verification, if the petitioner is found eligible, she shall be included in the
rank list at the appropriate place. If any advice have been made already, the
same shall not be affected by the judgment passed herein.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)