Sheebamol P.H. vs Kerala Public Service Commission on 11 February, 2009

Kerala High Court
Sheebamol P.H. vs Kerala Public Service Commission on 11 February, 2009
       

  

  

 
 
  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.

W.P.(C) No.3402/2009
-:2:-

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

W.P.(C) No.3402/2009
-:3:-

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.)

ms

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