Jomon K.K. v. State of Kerala & Others (OP(KAT) Nos.153 & 154 of 2019)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941** ## **OP(KAT).No.153 OF 2019** **AGAINST THE ORDER IN OA 1566/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/S:** **JOMON K.K. AGED 40 YEARS BOAT LASCAR GR. II, STATE WATER TRANSPORT DEPARTMENT, KAVALAM, ALAPPUZHA DISTRICT, RESIDING AT KULANGARA HOUSE, KUMARAKOM, CHEEPPUNKAL P.O, KOTTAYAM - 686 563** **BY ADV. SRI.V.VARGHESE** ## **RESPONDENT/S:** **1 SHAJIMON P. S/O. PUSHKARAN, NEDIYAMPOLAYIL, AVALOOKKUNNU P.O, ALAPPUZHA DISTRICT, RESIDING AT KULANGARA HOUSE, KUMARAKOM, CHEEPPUNKAL P.O, KOTTAYAM - 686 563 2 RAJIMON K. V. S/O. VIJAYAPPAN, KOLABHAGATH, AVALOOKKUNNU P.O, ALAPPUZHA - 688 001, KERALA 3 GANAPRIYAN. T. P. S/O. PANKAJAKSHAN, THEKKEDATH, THRICHATTUKULAM P.O, CHERTHALA - 688 001, KERALA 4 MANI. M. L. S/O. LAKSHMANAN, NANDANAM (MUNDUPARAMBIL), EZHUPUNNA P.O, CHERTHALA - 688 524, KERALA** O.P.(KAT) Nos.153 & 154 of 2019 2 - **5 SUNILKUMAR.K. S. S/O. SADASIVAN, KOCHUVELI KAYIPPURAM NORTH, MUHAMMA P.O, CHERTHALA - 688 524, KERALA** - **6 SAJITH. A. U. S/O. UDAYAN, ALACKAL, MUHAMMA P.O, CHERTHALA - 688 524, KERALA** - **7 SANATHANAN. K. P. S/O. K. M. POOVU, KARAKATHIL, MUHAMMA P.O, CHERTHALA - 688 524, KERALA** - **8 UNNI. V. M. S/O. V. M. MOHANAN, VELIYILPPARAMBIL, MUHAMMA P.O, CHERTHALA - 688 524, KERALA** - **9 ANEESH S/O. ANIRUDHAN, THATHANAD, MUHAMMA P.O, CHERTHALA - 688 524, KERALA** - **10 ANOOP. K. S/O. KUTTAPPAN, ARASSERIL NIKARTH, THRICHATTUKULAM P.O, CHERTHALA - 688 524, KERALA** - **11 PREMKUMAR** - **S/O. KRISHNANKUTTY, THULASI BHAVAN, KARUMADI. P.O, ALAPPUZHA - 688 001, KERALA** - **12 SUSANTH. P. S.** - **S/O. SUSEELAN, PALAMUTTAM, AVALOOKKUNNU P.O, ALAPPUZHA - 688 001, KERALA** - **13 VIJEESH. H.** - **S/O. HARIDAS, PULICHUVATTIL, MUHAMMA P.O, CHERTHALA - 688 524, KERALA** - **14 SURESHKUMAR** **S/O. SURENDRAN, VADAKKE ATTATHU, SOUTH ARYAD, ALAPPUZHA - 688 001, KERALA** O.P.(KAT) Nos.153 & 154 of 2019 3 - **15 SYAMADAS. P.** - **S/O. PAVITHRAN, PULINTHAZHAYIL, MANAPPURAM. P.O, CHERTHALA - 688 524, KERALA** - **16 STATE OF KERALA SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001, KERALA** - **17 THE DIRECTOR KERALA STATE WATER TRANSPORT DEPARTMENT, DIRECTORATE OF KSWTC, NEAR K.S.R.T. BUS STAND, ALAPPUZHA - 688 001, KERALA** - **18 THE DIRECTOR OF PORTS VALIYATHURA, VALLAKKADAVU. P.O, THIRUVANANTHAPURAM - 695 008, KERALA** - **19 THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS SECRETARY, KERALA** - **20 BINU PARAMBIL, NEHRU TROPHY WARD, AVALOOKUNNU P.O, ALAPPUZHA, ALAPPUZHA - 688 001, KERALA** - **21 SUJITH. S. PULICHUVATTIL, NEAR ANUPS, NORTH ARYAD. P.O, ALAPPUZHA - 688 001,KERALA** - **22 VIPIN. D. ERUPATHIANCHIL, THIRUMALA WARD, PALLATHURUTHY IRON BRIDGE P.O, ALAPPUZHA - 688 001, KERALA** - **23 ANAS. E. A. ELESSERIMUKKACHIRA, PONNAD, ALAPPUZHA - 688 538, KERALA** - **24 SHAMMAS. K.** - **KAITHAKAM. MANNACHERRY, ALAPPUZHA - 688 001, KERALA** O.P.(KAT) Nos.153 & 154 of 2019 4 **25 ADDL. R25 OUSEPH ANTONY, AGED 43 YEARS, S/O.OUSEPH, PUTHUAL NIKARTH, THYCATTUSSERI.P.O., CHERTHALA.** **(ADDL.R25 IS IMPLEADED AS PER ORDER DATED 07.08.2019 IN IA.1/2019 .)** **R16 BY GOVERNMENT PLEADER R19 BY SRI.P.C.SASIDHARAN, SC, KPSC R25 BY ADV. B.PRAMOD** ## **OTHER PRESENT:** ## **SR.GP SRI.ANTONY MUKKATH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 02.12.2019, ALONG WITH OP(KAT).154/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT) Nos.153 & 154 of 2019 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941** ## **OP(KAT).No.154 OF 2019** **AGAINST THE ORDER IN OA 857/2017 DATED 09-03-2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/S:** **JOMON .K.K AGED 40 YEARS** **BOAT LASCAR GR. II, STATE WATER TRANSPORT DEPARTMENT, KAVALAM, ALAPPUZHA DISTRICT, RESIDING AT KULANGARA HOUSE, KUMARAKOM, CHEEPPUNKAL P.O, KOTTAYAM-686 563** **BY ADV. SRI.V.VARGHESE** ## **RESPONDENT/S:** - **1 SAJEEV.A.S, AGED 40 YEARS S/O. SAHADEVAN, MUNNOORILCHIRA, THIRUVARPU, KANJIRAM, VAIKOM, KOTTAYAM, KERALA-686 020** - **2 BIJIKUMAR B C, AGED 38 YEAARS, S/O. M S. CHANDRASHEKHARAN, BROTHERS HOME, C BLOCK, VEMBANADU KAYAL P.O, R BLOCK, ARYAD SOUTH, ALAPPUZHA, KERALA-688 006.** - **3 SHINUMON T.S., AGED 33 YEARS, S/O. SANGHARSHANAN, THURUTHEL VEEDU, PONGA P.O,** O.P.(KAT) Nos.153 & 154 of 2019 6 **KAINAKARI SOUTH, MONCOMBU, THEKKEKARA, ALAPPUZHA, KERALA-688 503** - **4 BICHUMON E.K., AGED 36 YEARS, S/O. KUTTY KUTTAPPAN, ELAPPALLICHIRA, CHENNAMKARY P.O, KAINAKARY SOUTH, ALAPPUZHA, KERALA-688 501** - **5 AJUSAM N.I, AGED 33 YEARS, S/O. A.S. ISSAC, NIKARTHU, ATTUCHIRA, CHATHURTHYAKARI P.O, PULINCUNNU, ALAPPUZHA, KERALA-688 502** - **6 DHANESHMON P,AGED 26 YEARS, S/O. K.V. PURUSHAN, DHANESH BHAVAN, KIDANGARA P.O, VELIYANAD, ALAPPUZHA, KERALA-688 102** - **7 PRADEEP P.S., AGED 42 YEARS, S/O. SIVANKUTTY, PRADEEP BHAVAN, KAINAKARY EAST P.O, ALAPPUZHA, KERALA-688 501.** - **8 KRISHNA MOORTHY M, AGED 33 YEARS, S/O. MOHAN, PATHINONNAM MADOM, AYIRAVELI, KAINAKARY P.O, ALAPPUZHA, KERALA-688 501** - **9 BINNY M.B, AGED 34 YEARS, S/O. BABU, BEENA BHAVAN, MARTHANDAM, BEENA BHAVAN, MARTHANDAM, KEZHAKKECHIRA, VEMBANAD KAYAL P.O, AMBALAPUZHA, ALAPPUZHA, KERALA-688 006** - **10 SURESH K.S., AGED 42 YEARS, S/O. K.K. SASI, KAREETHARA, KUMARAKOM, KOTTAYAM, KERALA-686 563** - **11 BINESH K.S, AGED 30 YEARS, S/O. SAHADEVAN K.S,, KAITHAPARAMBIL , KAINAKARY SOUTH, ALAPPUZHA, KERALA-688 501** - **12 ANEESH P.A., AGED 35 YEARS, S/O. ANIYAN P.C, PALLICHIRA, KUMArankedARY P.O, CHANGANACHERRY, ALAPPUZHA, KERALA-686 103.** - **13 HARIS. R, AGED 43 YEARS, S/O. P.O. RAJAN, PUTHENCHIRA, THOTTUVATHALA P.O, KAINAKARY, ALAPPUZHA, KERALA-688 501** O.P.(KAT) Nos.153 & 154 of 2019 7 - **14 KANNAPPAN R, AGED 30 YEARS, S/O. RAJAPPAN, MUNDUCHIRAYIL HOUSE, AVALOOKUNNU P.O, ALAPPUZHA, KERALA-688 006** - **15 VENU J, AGED 40 YEARS, S/O. JANARDHANAN M.K, GIRIRAJAN CHIRA, N T WARD, AVALAKUNNU P.O, ALAPPUZHA, KERALA-688 006** - **16 ABHILASH S, AGED 28 YEARS, S/O. SATHEESH C.T, CHATTUTHARA, THOTTUVATHALA P.O, KAINAKARY SOUTH, ALAPPUZHA, KERALA-688 501** - **17 RAHUL RAJ, AGED 29 YEARS, S/O. N. RAJAN, NELLAKUNNIL LAKSHAMVEEDU, THOTTUVATHALA P.O, KAINAKARY SOUTH, ALAPPUZHA , KERALA-688 501** - **18 STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, KERALA STATE WATER TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001** - **19 THE STATE WATER TRANSPORT DEPARTMENT, REPRESENTED BY ITS DIRECTOR, NEAR KSRTC BUS STATION, ALAPPUZHA, KERALA-688 011** - **20 THE KERALA PUBLIC SERVICE COMMISSION. REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, KERALA-695 004** ## **SR.GP SRI.ANTONY MUKKATH SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 02.12.2019, ALONG WITH OP(KAT).153/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT) Nos.153 & 154 of 2019 8 ## **JUDGMENT** Dated this the 2[nd] day of December, 2019 ## **V.G.Arun, J.** The common petitioner in these original petitions was not party to the original applications filed by the candidates included in the ranked list published by the Kerala Public Service Commission (for short 'PSC') to the post of Boat Lascar in the Kerala State Water Transport Department. The original applications were filed by some of the rank listed candidates, aggrieved by the inclusion of persons without requisite qualification in the ranked list. The qualifications prescribed in the notification were (i) Literacy in Malayalam or Tamil or Kannada (ii) Possession of Current Lascar's licence. It was further specified that the applicants should be in possession of current Lascar's licence, as on the last date of receipt of applications, during practical test and also during O.P.(KAT) Nos.153 & 154 of 2019 9 the interview. The allegation in the original applications was that, ineligible candidates belonging to three broad categories, namely, (i) those who did not possess Lascar's licence, as on the last date of receipt of the application (ii) those whose licence had expired during the selection process and (iii) candidates with licences other than Lascar's licence, were included in the ranked list. Based on the Full Bench decision in _**Suma A v. Public Service Commission [2011 (1) KLT 1]**_ , it was contended that, in the absence of a provision in the Special Rules for accepting equivalent qualification, the PSC was incompetent to deal with the question of equivalence. The applicants therefore prayed for restructuring the ranked list by removing ineligible candidates who did not possess the essential qualification as prescribed under the notification and to advice eligible candidates from the restructured ranked O.P.(KAT) Nos.153 & 154 of 2019 10 list. 2. The PSC justified its action by contending that it had included candidates having either Serang, Master and Drivers' licences/certificates issued by the Chief Examiner under the Kerala Inland Vessels Rules, 2010. According to the PSC, these certificates were superior to the Lascar's licence and could hence be considered as equivalent qualification. 3. The Director of Ports submitted that, as per the Kerala Inland Vessel Rules, the Master, Driver and Serang certificates could be issued only two years after the date of issue of Lascar's licence and hence, persons possessing the Serang, Master and Driver certificates were eligible to apply for the post of Lascar. 4. The applicants had taken out paper publication for the purpose of giving notice to the affected persons. The party O.P.(KAT) Nos.153 & 154 of 2019 11 respondents in the original applications are some among the candidates included in the ranked list, in spite of their not having a valid Lascar's licence. The party respondents contended that the Serang, Master and Driver certificate possessed by them is superior to the Lascar's licence as informed by the District Employment Officer, Alappuzha and the Director of Water Transport Department. Reliance was placed on the judgment in _**Jyothy K.K v. Public Service Commission [(2010) 15 SCC 596]**_ to contend that those higher qualifications which pre-suppose acquisition of lower qualification prescribed for a post shall be sufficient qualification for appointment to that post. Finally, it was submitted that pursuant to their inclusion in the ranked list, the party respondents had been advised and appointed and equity demanded that the Tribunal should have desisted from O.P.(KAT) Nos.153 & 154 of 2019 12 interfering with the appointments. 5. The Tribunal analysed the Special Rules for the notified post in the light of the law laid down in _**Suma's**_ case, wherein the Full Bench held as follows:- _“We come to the conclusion that under the scheme of K.S & SSR, the Public Service Commission is incompetent to deal with the question of equivalence of educational or other qualifications prescribed by the Special Rules, unless the Special Rules provide for the recognition of qualifications other than the prescribed qualifications as equivalent to the qualifications prescribed.”_ The Tribunal found that the Kerala State Water Transport Subordinate Service (Operating Wing) Special Rules, which prescribed the qualification for the post of Lascar, did not provide for acceptance of equivalent qualification. The Tribunal therefore held that the PSC was incompetent to accept equivalent qualification for the purpose of appointment to the post of Lascar. It was found that the communication issued by the Director of Ports had no sanctity since the O.P.(KAT) Nos.153 & 154 of 2019 13 appointing authority to the post of Lascar is the Director of Water Transport, as delegated by the Government. The Tribunal found the decision in _**Jyothi** 's_ case to have been rendered on different set of facts and hence not applicable. It was held that in the absence of an amendment to the Kerala State Water Transport Subordinate Service (Operating Wing) Special Rules, no executive order or communication by an authority can empower the PSC to treat other qualifications as equivalent qualification for the purpose of appointment. Based on its findings, the Tribunal declared that, only candidates possessing the qualification prescribed under the Special Rules as notified by the PSC were entitled to be included in the ranked list for the notified post of Lascar and directed the PSC to recast the ranked list by excluding the candidates without requisite qualification, to cancel the O.P.(KAT) Nos.153 & 154 of 2019 14 advices given to such ineligible candidates and to recast the select list. The official respondents were directed to issue consequential orders on receipt of communication from the PSC cancelling the advices of ineligible persons and to immediately report the resultant vacancies to the PSC, upon which advices were to be issued and appointment effected. 6. The petitioner, who possessed a Serang licence, was advised for appointment on 2.5.2017 and was appointed as Boat Lascar on 28.7.2017. Pursuant to the impugned judgment, the PSC issued show cause notice and cancelled his advice, following which his appointment was cancelled as per Ext.P15 dated 27.10.2018. In the original petitions, the petitioner has reiterated the contentions raised by the party respondents before the Tribunal. Ext.P17 letter issued by the Director of Ports to the Director, Water Transport Department O.P.(KAT) Nos.153 & 154 of 2019 15 is relied on to contend that Serang, Master and Driver certificate can be considered to be more than equivalent to the Lascar licence and such persons are eligible for the job of Lascar also. The petitioner contends that the Tribunal ought to have dismissed the original application for non-jointer of affected persons. 7. Heard Sri.V.Varghese, learned Counsel for the petitioner, Sri.P.C.Sasidharan, learned Standing Counsel for the KPSC and the learned Senior Government Pleader. 8. The applicants having taken out paper publication and having impleaded some of the affected persons as respondents, the contention of the petitioner that the original applications ought to have been dismissed for failure to implead all affected parties, cannot be countenanced. Moreover, under the impugned judgment, the Tribunal only O.P.(KAT) Nos.153 & 154 of 2019 16 held that persons without the requisite qualification should not be included in the ranked list. The petitioner does not have a contention that he had the requisite notified qualification. We find that the Tribunal had rightly distinguished the decision in _**Joythi**_ 's case. In _**Joythi**_ 's case, the qualification prescribed for the notified post of Sub-engineers (Electrical) in the KSEB was:- _“1. SSLC or its equivalent. 2. Technical qualifications-(a) Diploma in Electrical Engineering of a recognised institution after 3 years' course of study,_ ## _or_ _(b) a certificate in Electrical Engineering from any one of the recognised technical schools shown below with five ears' service under the Kerala State Electricity Board, [Not fully extracted as not relevant]_ ## _or_ _(c) MGTE/KGTE in electrical light and power (higher) with five years' experience as IInd Grade Overseer (Electrical) under the Board.”_ The PSC rejected the application of candidates who had B.Tech Degree in Electrical Engineering or Bachelor’s Degree in Electrical Engineering on the premise that those candidates O.P.(KAT) Nos.153 & 154 of 2019 17 did not possess the necessary qualification. The rejection was challenged by contending that the candidates possessed higher qualification and persons possessing higher qualification had been considered and appointed by the KSEB on earlier occasions in terms of Rule 13 of the KS&SSR. The Apex Court found that under the relevant rules, Degree in Electrical Engineering or other equivalent qualification, recognised or equivalent thereto, has been prescribed for appointment to the post of Assistant Engineer. That the post of Assistant Engineer being superior to that of Sub-Engineer, for which the qualification of Degree in Electrical Engineering was prescribed, the obvious indication was that such qualification is definitely higher qualification than what is prescribed for the lower post of Sub-Engineer. In that view of the matter, the Apex Court held that the qualification of O.P.(KAT) Nos.153 & 154 of 2019 18 Degree in Electrical Engineering presupposes the acquisition of the lower qualification of Diploma in that subject. It is therefore evident that what weighed with the Apex Court in _**Joythi'**_ s case was the fact that the qualification which the rejected candidates possessed was prescribed as the qualification for the higher post of Assistant Engineer, which presupposes such qualification to be a higher qualification than the notified qualification of Diploma in Electrical Engineering. The following paragraph from _**Joythi** '_ s case is relevant in this context:- _“7. It is no doubt true, as stated by the High Court that when a qualification has been set out under the relevant Rules, the same cannot be in any manner whittled down and a different qualification cannot be adopted. The High Court is also justified in stating that the higher qualification must clearly indicate or presuppose the acquisition of the lower qualification prescribed for that post in order to attract that part of the Rule to the effect that such of those higher qualifications which presuppose the acquisition of the lower qualifications prescribed for the post shall also be sufficient for the post.”_ O.P.(KAT) Nos.153 & 154 of 2019 19 The above observation of the Apex Court makes it abundantly clear that when a qualification has been set out under the relevant rules, the same cannot in any manner be whittled down or a different qualification adopted. Further, the acceptance of higher qualification would depend upon whether such qualification clearly indicate or presuppose the acquisition of the lower qualification prescribed for the post. 9. In _**Suma** 's_ case, the Full Bench, in absolute terms, declared that the PSC is not vested with the power to deal with equivalence of qualifications in the absence of specific provision in the Special Rules. Therefore, the PSC could not have included the candidates with licences/certificates other than Lascar's licence in the ranked list and proceeded to advice those candidates. As rightly found by the Tribunal the opinion expressed by the Director of Ports or even the O.P.(KAT) Nos.153 & 154 of 2019 20 Director of the Kerala State Water Transport Department cannot override the Special Rules, which alone can be the basis for the PSC to conduct the selection process. For the aforementioned reasons, we find no ground to interfere with the impugned order of the Tribunal. In the result, the original petitions are dismissed. No order as to costs. **Sd/K.VINOD CHANDRAN JUDGE** **Sd/V.G.ARUN JUDGE** Scl/2.12 O.P.(KAT) Nos.153 & 154 of 2019 21 ## **APPENDIX OF OP(KAT) 153/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE O.A.(EKM) NO.1566/2017 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** **ANNEXURE A1 TRUE COPY OF THE NOTIFICATION DATED 15/09/2012 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A2 TRUE COPY OF THE RANKED LIST PUBLISHED BY THE 3RD RESPONDENT. ANNEXURE A3 TRUE COPY OF THE LETTER DATED 09/10/2012 ISSUED BY THE 2ND RESPONDENT.** **ANNEXURE A4 TRUE COPY OF THE APPLICATION DATED 13/06/2017 UNDER THE RTI ACT. ANNEXURE A5 TRUE COPY OF THE REPLY DATED 18/07/2017 GIVEN UNDER THE RTI ACT. ANNEXURE A6 TRUE COPY OF THE APPELLATE ORDER ISSUED UNDER THE RTI ACT.** **ANNEXURE A7 TRUE COPY OF THE PRIORITY LIST MAINTAINED IN THE EMPLOYMENT EXCHANGE.** **ANNEXURE A8 TRUE COPY OF THE JUDGMENT IN WA NO.1428/2010 OF THE HON'BLE HIGH COURT OF KERALA.** **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 5 TO 9 IN O.A. (EKM)1566/2017.** O.P.(KAT) Nos.153 & 154 of 2019 22 **ANNEXURE R5(A) TRUE COPY OF THE LICENSE OF THE 5TH RESPONDENT DATED 28/11/2011.** - **ANNEXURE R5(B) TRUE COPY OF THE EXTRACT OF THE KERALA INLAND VESSELS RULES, 2010.** - **ANNEXURE R5(C) TRUE COPY OF THE ORDER NO.B3-389/2011 DATED 09/10/2012 OF THE DIRECTOR OF PORTS.** - **ANNEXURE R5(D) TRUE COPY OF THE LICENCE OF THE 6TH RESPONDENT DATED 09/12/2015.** - **ANNEXURE R5(E) TRUE COPY OF THE LICENCE OF THE 7TH RESPONDENT DATED 21/11/2011.** - **ANNEXURE R5(F) TRUE COPY OF THE LICENSE OF THE 8TH RESPONDENT DATED 17/01/2012.** - **ANNEXURE R5(G) TRUE COPY OF THE LICENSE OF THE 9TH RESPONDENT DATED 03/04/2011.** - **ANNEXURE R5(H) TRUE COPY OF THE LETTER NO.A2-4591/2017 DATED 14/07/2017 OF THE STATE PUBLIC INFORMATION OFFICER AND DISTRICT EMPLOYMENT OFFICER.** - **ANNEXURE R5(I) TRUE COPY OF THE LETTER NO.E4-8597/17 DATED 10/08/2017 OF THE ASSISTANT STATE PUBLIC INFORMATION OFFICER.** - **ANNEXURE R5(J) TRUE COPY OF THE LETTER NO.E1-4028/13 DATED 17/08/2017 OF THE DIRECTOR.** **EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT IN O.A.(EKM) NO.1566/2017.** **EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN O.A(EKM) NO.1566/2017.** O.P.(KAT) Nos.153 & 154 of 2019 23 **EXHIBIT P5** **TRUE COPY OF THE ORDER DATED 9.3.2018, DISMISSED O.A.(EKM) 1566/2017 OF THE KAT.** - **EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO.ERVI(2) 8861/1/14/EW DATED 31.7.2018 ISSUED BY THE PSC.** - **EXHIBIT P7 TRUE COPY OF THE REPLY DATED 10.8.2018 TO EXT.P6 SHOW CAUSE NOTICE.** - **EXHIBIT P8 TRUE COPY OF THE REJECTION MEMO NO.ERVI(2)8861/14/EW DATED 4.9.2018 ISSUED BY THE PSC.** - **EXHIBIT P9 TRUE COPY OF THE SHOW CAUSE NOTICE NO.R.1C(2)3228/17/GW DATED 5.10.2018.** - **EXHIBIT P10 TRUE COPY OF THE REPLY DATED 12.10.2018 TO EXT.P9 SHOW CAUSE NOTICE.** - **EXHIBIT P11 TRUE COPY OF THE LETTER NNO.R.1.C(2) 3228/17/GW DATED 24.10.2018 ISSUED BY THE PSC.** - **EXHIBIT P12 TRUE COPY OF THE ADVICE MEMO NO.R.1C(2) 3228/17/GW DATED 2.5.2017 OF THE PSC.** - **EXHIBIT P13 TRUE COPY OF THE ORDER NO.E1/4028/13 DATED 28.7.2017 ISSUED BY THE DIRECTOR OF STATE WATER TRANSPORT DEPARTMENT.** - **EXHIBIT P14 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30.10.2018 ISSUED BY DR.RENU R., CIVIL SURGEON, COMMUNITY HEALTH CENTRE, KUMARAKOM TO THE PETITIONER.** - **EXHIBIT P15 TRUE COPY OF THE ORDER NO.E1-4028/13 DATED 27.10.2018 OF THE DIRECTOR OF STATE WATER TRANSPORT DEPARTMENT.** - **EXHIBIT P16 TRUE COPY OF THE SYRANG'S LICENSE** O.P.(KAT) Nos.153 & 154 of 2019 24 **ISSUED TO THE PETITIONER BY THE PORT DEPARTMENT.** **EXHIBIT P17 TRUE COPY OF THE LETTER NO.B3-389/2011 DATED 9.10.2012 ISSUED BY THE DIRECTOR OF PORTS.** **EXHIBIT P18 TRUE COPY OF THE INTERIM ORDER DATED 12.4.2018 ISSUED BY THIS HON'BLE COURT IN O.P.(KAT) NO.165/2018.** **EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER DATED 12.4.2018 ISSUED BY THIS HON'BLE COURT IN O.P.(KAT) NO.166/2018.** **EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 21.6.2018 OF THIS HON'BLE COURT IN O.P. (KAT) NO.165/2018. EXHIBIT P21 TRUE COPY OF THE JUDGMENT DATED 21.6.2018 OF THIS HON'BLE COURT IN O.P. (KAT) NO.166/2018. EXHIBIT P22 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN JYOTI'S CASE.** O.P.(KAT) Nos.153 & 154 of 2019 25 ## **APPENDIX OF OP(KAT) 154/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE O.A. NO. 857/2017 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** **ANNEXURE A1 PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 1ST APPLICANT BEARING NO.KIV/ALP/LCR/2561/2016.** - **ANNEXURE A1(A) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 2ND APPLICANT BEARING NO.KIV/ALP/LCR/2420/2015.** - **ANNEXURE A1(B) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 3RD APPLICANT BEARING NO.KIV/ALP/LCR/2434/2015.** - **ANNEXURE A1(C) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 4TH APPLICANT BEARING NO.KIV/ALP/LCR/2561/2016.** - **ANNEXURE A1(D) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 5TH APPLICANT BEARING NO.KIV/ALP/LCR/0380/2011.** - **ANNEXURE A1(E) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 6TH APPLICANT BEARING NO.KIV/ALP/LCR/20724/2011.** - **ANNEXURE A1(F) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 7TH APPLICANT BEARING NO.KIV/ALP/LCR/1534/2012.** - **ANNEXURE A1(G) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 8TH APPLICANT BEARING NO.KIV/ALP/LCR/2419/2011.** **ANNEXURE A1(H) PHOTOCOPY OF THE VALID LASCAR LICENSE** O.P.(KAT) Nos.153 & 154 of 2019 26 **OF THE 9TH APPLICANT BEARING NO.KIV/ALP/LCR/2417/2015.** **ANNEXURE A1(I) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 10TH APPLICANT BEARING NO.KIV/ALP/LCR/2411/2015.** **ANNEXURE A1(J) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 11TH APPLICANT BEARING NO.KIV/ALP/LCR/1583/2012.** - **ANNEXURE A1(K) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 12TH APPLICANT BEARING NO.KIV/ALP/LCR/0568/2011.** - **ANNEXURE A1(L) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 13TH APPLICANT BEARING NO.KIV/ALP/LCR/0467/2011.** - **ANNEXURE A1(M) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 14TH APPLICANT BEARING NO.KIV/ALP/LCR/0519/2011.** - **ANNEXURE A1(N) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 15TH APPLICANT BEARING NO.KIV/ALP/LCR/0448/2011.** - **ANNEXURE A1(O) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 16TH APPLICANT BEARING NO.KIV/ALP/LCR/1548/2012.** - **ANNEXURE A1(P) PHOTOCOPY OF THE VALID LASCAR LICENSE OF THE 17TH APPLICANT BEARING NO.KIV/ALP/LCR/1499/2012.** **ANNEXURE A2 A PHOTOCOPY OF THE NOTIFICATION DATED 15.9.2012 ISSUED BY THE 3RD RESPONDENT UNDER CATEGORY NO.468/2012. ANNEXURE A3 A PHOTOCOPY OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT DATED 22.2.2017.** O.P.(KAT) Nos.153 & 154 of 2019 27 **ANNEXURE A4 A PHOTOCOPY OF THE RELEVANT EXTRACT OF THE SPECIAL RULES PRESCRIBING THE METHOD OF APPOINTMENT AND QUALIFICATION TO THE POSTS OF LASCAR DRIVER, SYRANG AND BOAT MASTER.** - **ANNEXURE A5 A PHOTOCOPY OF THE RELEVANT EXTRACT OF THE KERALA INLAND VESSELS RULES 2010 PRESCRIBING THE CONDITIONS FOR ISSUANCE OF VARIOUS LICENSES.** - **ANNEXURE A6 A PHOTOCOPY OF THE NOTIFICATION DATED 4.6.2016 AMENDING THE QUALIFICATION OF LAST GRADE SERVICE POSTS.** - **EXHIBIT P2 TRUE COPY OF THE M.A. NO. 994/2017 IN O.A. NO. 857/2017 FILED BY THE APPLICANTS.** **ANNEXURE A7 A PHOTOCOPY OF THE APPOINTMENT CHART SHOWING THE ADVICE MADE TO 100 CANDIDATES ON 2.5.2017.** **EXHIBIT P3 TRUE COPY OF THE M.A.NO. 1350/2017 IN O.A. NO. 857/2017** **ANNEXURE A8 A PHOTOCOPY OF THE APPLICATION UNDER RTI SUBMITTED TO THE 3RD RESPONDENT.** **ANNEXURE A9 A PHOTOCOPY OF THE REPLY DATED 4.7.2017 FOR THE ANNEXURE A8 APPLICATION UNDER RTI FROM THE 3RD RESPONDENT.** **EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN O.A. NO. 857/2017** **EXHIBIT P5 TRUE COPY OF THE ORDER DATED 9.3.2018 DISMISSED O.A. NO. 857/2017 OF THE KAT. EXHIBIT P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO. ER VI(2) 8861/14/EW DATED 31.07.2018** O.P.(KAT) Nos.153 & 154 of 2019 28 ## **ISSUED BY THE PSC.** **EXHIBIT P7 TRUE COPY OF THE REPLY DATED 10.8.2018 TO EXT. P6 SHOW CAUSE NOTICE.** - **EXHIBIT P8 TRUE COPY OF THE REJECTION MEMO NO. ER VI(2) 8861/14/EW DATED 04.09.2018 ISSUED BY THE PSC.** - **EXHIBIT P9 TRUE COPY OF THE SHOW CAUSE NOTICE NO. R1C(2) 3228/17/GW DATED 05.10.2018 .** - **EXHIBIT P10 TRUE COPY OF THE REPLY DATED 12.10.2018 TO EXT.P9 SHOW CAUSE NOTICE.** - **EXHIBIT P11 TRUE COPY OF THE LETTER NO. R1. C(2) 3228/17/GW DATED 24.10.2018 ISSUED BY THE PSC.** - **EXHIBIT P12 TRUE COPY OF THE ADVICE MEMO NO. R.1C(2). 3228/17/GW DATED 02.05.2017 OF THE PSC.** - **EXHIBIT P13 TRUE COPY OF THE ORDER NO. E1/4028/13 DATED 28.07.2017 ISSUED BY THE DIRECTOR OF STATE WATER TRANSPORT DEPARTMENT.** - **EXHIBIT P14 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30.10.2018 ISSUED BY DR. RENU R., CIVIL SURGEON , COMMUNITY HEALTH CENTRE, KUMARAKOM TO THE PETITIONER.** - **EXHIBIT P15 TRUE COPY OF THE ORDER NO. E1-4028/13 DATED 27.10.2018 OF THE DIRECTOR OF STATE WATER TRANSPORT DEPARTMENT.** - **EXHIBIT P16 TRUE COPY OF THE SYRANG'S LICENCE ISSUED TO THE PETITIONER BY THE PORT DEPARTMENT.** **EXHIBIT P17 TRUE COPY OF THE LETTER NO. B3-389/2011 DATED 09.10.2012 ISSUED BY THE DIRECTOR** O.P.(KAT) Nos.153 & 154 of 2019 29 ||**OF PORTS.**| |---|---| |**EXHIBIT P18**|**TRUE COPY OF THE INTERIM ORDER DATED**| ||**12.04.2018 ISSUED BY THIS HON'BLE COURT**| ||**IN O.P.(KAT) NO. 165/2018.**| |**EXHIBIT P19**|**TRUE COPY OF THE INTERIM ORDER DATED**| ||**12.04.2018 ISSUED BY THIS HON'BLE COURT**| ||**IN O.P.(KAT) NO. 166/2018.**| |**EXHIBIT P20**|**TRUE COPY OF THE JUDGMENT DATED**| ||**21.06.2018 OF THIS HON'BLE COURT IN**| ||**O.P.(KAT) NO. 165/2018.**| |**EXHIBIT P21**|**TRUE COPY OF THE JUDGMENT DATED**| ||**21.06.2018 OF THIS HON'BLE COURT IN**| ||**O.P.(KAT) NO. 166/2018.**| |**EXHIBIT P22**|**TRUE COPY OF THE JUDGMENT OF THE**| ||**HON'BLE SUPREME COURT IN JYOTI'S CASE.**|