# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE**
## **&**
**THE HONOURABLE MRS.JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO.10 OF 2024**
**AGAINST THE ORDER/JUDGMENT IN O.A.(EKM) 680/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
**-------**
## **PETITIONER:**
**MITHUN K.C., AGED 29 YEARS, S/O.RAVEENDRAN M., CIVIL POLICE OFFICER NO.7720, THALASERRY POLICE STATION, KANNUR : 670 101 CURRENTLY RESIDING AT: DEVIKA, KOTTAM, MUNDALUR, KANNUR, PIN – 670622.**
**BY ADVS. JINSON OUSEPH AMALENDU N.S. S.VIJAYAN V.PRINCE DEV C.RAJESWARA KUMAR CHITRA VIJAYAN BASIL MECHERY NIMISHA GEORGE**
## **RESPONDENTS:**
- **1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME & VIGILANCE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.**
- **2 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN – 695004.**
- **3 COMMANDANT, KERALA ARMED POLICE BATTALION-4, MANGATTUPARAMBA, KANNUR, PIN – 670567.**
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**4 CITY POLICE COMMISSIONER & DISTRICT POLICE CHIEF, KANNUR CITY, OFFICER OF THE CITY POLICE COMMISSIONER & DISTRICT POLICE CHIEF, KANNUR CITY, THALAP, KANNUR, PIN – 670002.**
**BY GOVERNMENT PLEADER, SMT.VINITHA B.**
**BY SRI.P.C.SASIDHARAN, STANDING COUNSEL**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
OP(KAT) No.10/2024 3
## **JUDGMENT**
## A.Muhamed Mustaque, J .
The petitioner was the applicant before the Kerala Administrative Tribunal. He while working as a police constable in Kerala Armed Police (4[th] Battalion) submitted his application for the post of Armed Police Sub Inspector (Trainee) in the Armed Police Wing of the Police Department. A notification was issued by the Kerala Public Service Commission (KPSC) on 30.12.2019 with the last date of submission of the application on 05.02.2020. The petitioner submitted that he had taken part in the written test, physical efficiency test, medical examination and interview. However, he was not included in the rank list for the reason that he had not obtained NOC from the Department where he was working. This was questioned before the Tribunal. The Tribunal, placing reliance on the Full Bench judgment of this Court in Kerala Public Service Commission v. Reshmi K.R. and Others [2019 (5) KHC 875 ], negatived the challenge. Thus, the petitioner is before this Court.
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2. We heard the learned counsel for the petitioner, the learned Standing Counsel for KPSC and the learned Government Pleader.
3. Rule 2(A)(2) of the Kerala Government Servant's Application for Posts (Private Employment and Government Service) Rules, 1958 (for short, the 'Rules') stipulates that such application shall be submitted through the authority competent to appoint him in the post which he holds at the time of making the application. This Rule undergone amendment in 2021, which may not be relevant in this case, as the amendment came only after the last date prescribed for the acceptance of the application. Paragraph 18 of the General Conditions is part of the Notification issued by KPSC and in paragraph 18, it is stipulated that a Form of Receipt is prescribed to acknowledge that it was submitted through the proper channel. It is mentioned in the prescribed form that an objection regarding the entertainment of the application will be communicated within one month from the last date fixed for receipt of such application. Admittedly, the petitioner submitted the application for direct recruitment bypassing all the formalities.
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The petitioner's argument is that in the light of a Division Bench judgment of this Court, the petitioner having taken part in the selection process he shall be included in the rank list. A Division Bench judgment of this Court in O.P.(KAT) No.241/2014 and connected cases dated 25.9.2019 held that certificate is not necessary as they are all Constables in the Police Department who seek selection to the post of Sub Inspector of Police in the same Department. The learned counsel for the petitioner argues that in the light of the judgment, the petitioner is entitled to be included in the rank list. It is to be noted that the Division Bench rendered the judgment without adverting to the Full Bench judgment in Reshmi 's case (supra).
4. The learned counsel for the petitioner attempted to distinguish the judgment in Reshmi 's case (supra) from the Division Bench judgment citing that in Reshmi 's case (supra) the rejection was on the threshold and not after undergoing certificates, we are not able to accept this argument. The Full Bench in categorical terms held in paragraph-29 as follows:
“Any candidate applying for a job should be careful in
OP(KAT) No.10/2024 6
submitting their applications in compliance with the instructions. The ability to do so is also a means to assess the sense of responsibility of the candidate who seeks to be appointed in his service. The assessment starts from the application of the candidate. The candidates are expected to have the minimum responsibility to submit the application in tune with the instructions, except in circumstances where technical problems beyond their control create difficulties, despite taking sufficient care and caution.”
5. Rules and instructions, compliance of which are mandatory cannot be diluted by parties to suit their convenience. If the Rules prescribe such NOC from the Department, it must be for certain purpose. That purpose cannot be overlooked by PSC or by the Tribunal or by the Court, whether it be related to the appointment in the same Department or otherwise. When a candidate applies for direct recruitment while he is a Government servant he must take note of all the Rules governing him in relation to the matters, irrespective of the fact that such an application is submitted for direct recruitment in the same Department or other Department. It is to be noted that there is no challenge against the Rules.
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In such circumstances, we are of the view that the Rules as well as the conditions governing notification will not allow the petitioner to apply for the post otherwise than through the Department. The original petition thus fails and is dismissed.
Sd/-
**A.MUHAMED MUSTAQUE, JUDGE**
**Sd/SHOBA ANNAMMA EAPEN, JUDGE**
ln
OP(KAT) No.10/2024 8
## **APPENDIX OF OP(KAT) 10/2024**
## **PETITIONER'S ANNEXURES:**
## **ANNEXURE A1**
**TRUE COPY OF THE APPLICATION FOR THE POST OF ARMED POLICE SUB INSPECTOR (TRAINEE) -OPEN MARKET (STATE WIDE) DIRECT IN CATEGORY NO.386/2019.**
## **ANNEXURE A1(A)**
- **TRUE COPY OF THE APPLICATION FOR THE POST OF SUB INSPECTOR OF POLICE (TRAINEE)(KCP) -OPEN MARKET (STATE WIDE) DIRECT IN CATEGORY NO. 388/2019.**
- **ANNEXURE A2 TRUE COPY OF THE HALL TICKET WITH REGISTER NO. Z107618, ISSUED BY THE 2ND RESPONDENT.**
- **ANNEXURE A3 TRUE COPY OF THE ADMISSION TICKET (PROVISIONAL) FOR COMMON PHYSICAL MEASUREMENT AND COMMON PHYSICAL EFFICIENCY TEST ON 15/03/2023 AT GOVT. MEDICAL COLLEGE GROUND, KOZHIKODE ISSUED BY THE 2ND RESPONDENT.**
- **ANNEXURE A4 TRUE COPY OF THE NOTIFICATION DATED 11/04/2023 IN CATEGORY NO. 386/2019 ISSUED BY THE 2ND RESPONDENT REGARDING SHORT LIST WHEREIN THE REGISTER NUMBER 107618 OF THE APPLICANT IS ALSO INCLUDED.**
## **ANNEXURE A4(A)**
- **TRUE COPY OF THE NOTIFICATION DATED 31/01/2023 IN CATEGORY NO. 388/2019 ISSUED BY THE 2ND RESPONDENT REGARDING SHORT LIST WHEREIN THE REGISTER NUMBER 107618 OF THE APPLICANT IS ALSO INCLUDED.**
## **ANNEXURE A5**
- **TRUE COPY OF THE MESSAGE IN CATEGORY NO. 386/2019 DATED APRIL 17 RECEIVED FROM THE 2ND RESPONDENT BY THE APPLICANT THROUGH HIS PROFILE.**
**ANNEXURE A5(A)**
- **TRUE COPY OF THE MESSAGE IN CATEGORY NO. 388/2019 DATED APRIL 17 RECEIVED FROM THE 2ND RESPONDENT BY THE APPLICANT THROUGH HIS PROFILE.**
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## **ANNEXURE A6**
- **TRUE COPY OF THE APPLICATION FOR NOC DATED 17/04/023 SUBMITTED BY THE APPLICANT BEFORE THE 4TH RESPONDENT.**
- **ANNEXURE A6(A) TRUE COPY OF THE APPLICATION DATED 30/04/2023 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.**
- **ANNEXURE A6(B) TRUE COPY OF THE MESSAGE DATED 27.04.2023 RECEIVED BY THE APPLICANT FROM THE 4TH RESPONDENT THROUGH "IAPS" REJECTING ANNEXURE A6.**
- **ANNEXURE A7 TRUE COPY OF THE HALL TICKET IN SL NO. 602 DATED 03.05.2023 DIRECTING THE APPLICANT FOR VERIFICATION AND INTERVIEW ON 10.05.2023 FN.**
- **ANNEXURE A8 TRUE COPY OF THE ABSTRACT OF PART II GENERAL CONDITIONS ISSUED BY THE 2ND RESPONDENT CONTAINING THE RELEVANT PORTION DEALT WITH "FORM OF RECEIPT".**
**ANNEXURE A9 TRUE COPY OF THE ORDER DATED 01/08/2017 IN OA(EKM) 782/2017 OF THIS HON'BLE TRIBUNAL.**
- **ANNEXURE A10 TRUE COPY OF THE COMMON JUDGMENT DATED 25/09/2019 IN OP(KAT) NOS 241/2014, 259/2014, 261/2014., 267/2014, 305/2014, 308/2015 &. 390/2017 OF THE HON'BLE HIGH COURT OF KERALA**
- **ANNEXURE P1 AUTHENTICATED COPY OF THE INTERIM ORDER DATED 10/05/2023 IN OA (EKM) 680/2023 OF THIS HON'BLE TRIBUNAL.**
- **ANNEXURE P2 TRUE COPY OF THE COVERING LETTER DATED 11.05.2023 ADDRESSED TO THE RESPONDENT IN THE OA.**
- **ANNEXURE P2(A) TRUE COPY OF THE POSTAL RECEIPT NO. EL152563937IN DATED 11.05.2023 ALONG WITH ITS TRACK REPORT EVIDENCING THE RECEIPT OF ANNEXURE P1 AT THE OFFICE OF THE RESPONDENT ON 12.05.2023.**
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**ANNEXURE P3 TRUE COPY OF THE ABSTRACT OF THE RANKED LIST IN CAT NO. 386/2019.**
**ANNEXURE P4 TRUE COPY OF THE ABSTRACT OF THE RANKED LIST IN CAT NO. 388/2019.**
- **ANNEXURE R3(A) TRUE COPY OF THE REQUEST DATED 30/04/2023. ANNEXURE R3(B) TRUE COPY OF THE OFFICE LETTER NO G120607/2022/KAP IV DATED 05/05/2023.**
- **EXHIBIT P1 TRUE COPY OF THE OA(EKM) 690/2023 ALONG WITH THE ANNEXURES A1 TO A10 THEREIN FILED BY THE PETITIONER BEFORE THE KAT, ERNAKULAM BENCH DATED 17.06.2019.**
- **EXHIBIT P1(A) TRUE COPY OF THE INTERIM ORDER DATED 10.05.2023 IN OA(EKM) 680/2022 OF THE TRIBUNAL.**
- **EXHIBIT P1(B) TRUE COPY OF THE CONTEMPT PETITION ALONG WITH ITS ANNEXURES.**
- **EXHIBIT P1(C) REPLY STATEMENT DATED 21/06/2023 FILED BY THE 2ND RESPONDENT.**
- **EXHIBIT P1(D) REPLY STATEMENT DATED 31/05/2023 FILED BY THE 3RD RESPONDENT ALONG WITH ANNEXURE R3(A) AND R3(B).**
- **EXHIBIT P2 CERTIFIED COPY OF THE ORDER IN OA(EKM) 680/2023 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM.**
- **EXHIBIT P3 TRUE COPY OF THE SERVICE CERTIFICATE DATED 18/10/2023 ISSUED BY THE 4TH RESPONDENT.**
