High Court of KeralaDivision Bench2019-09-25Dismissed

OP(KAT) Nos. 241/2014, 259/2014, 261/2014, 267/2014, 305/2014, 308/2015(Z), 390/2017 (Kerala High Court)

Case / Petition Number:OP(KAT).241/2014; OP(KAT).259/2014; OP(KAT).261/2014; OP(KAT).267/2014; OP(KAT).305/2014; OP(KAT).308/2015(Z); OP(KAT).390/2017

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. Chitambaresh
Ashok Menon
Judgment Date: 2019-09-25
Court Decision / Holding: The original petitions are dismissed. The impugned order of the Tribunal is sustained; no costs.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

KERALA PUBLIC SERVICE COMMISSION (represented by its Secretary, Pattom, Thiruvananthapuram, Kerala)

Respondents

SATHEESH S., S/O SATHEESAN; STATE POLICE CHIEF; DISTRICT POLICE CHIEF; STATE OF KERALA (Home and Vigilance)
MOHANDAS P.; PRATHAPKUMAR S.; S.IJU A.N.; RAVIKUMAR V.; BIJU C.V.; BYJU A.; NANDAKUMAR K.; VINOD P.P.; UMESH K.R.; VIPIN K.V.; STATE OF KERALA; THE SUPERINTENDENT OF POLICE, PALAKKAD; THE SUPERINTENDENT OF POLICE, THRISSUR RURAL; ADDITIONAL 8th RESPONDENT JAYAKUMAR R.
RAJEEV KUMAR N.K.; SANAL KUMAR R.; STATE POLICE CHIEF; DISTRICT POLICE CHIEF; STATE OF KERALA

Legal Representation & Advocates

Counsels for Petitioners

• Sri. P.C. Sasidharan, SC, KPSC

Counsels for Respondents

• Senior Government Pleader (various) including SRI. P.N. SANTHOSH; SRI. ELVIN PETER P.J.; SRI.K.R.GANESH; SRI.PIRAPPANCODE V.S. SUDHIR; SRI.T.T. MUHAMOOD; SRI.A.RENJIT; SRI.V.E.ABDUL GAFOOR; SRI.A.MOHAMMED SAVAD; SRI.C.Y.VINOD KUMAR; SRI.S.MINI JOSEPH; SRI.P.REJINARK; SRI.SEBASTIAN THOMAS; SRI.K.B.SONY

Case Synopsis & Summary

These connected petitions arise from the Kerala Public Service Commission's selection process for Sub Inspector (Trainee) in the 10% Graduate Constabulary vacancies in the Police and Vigilance departments. The central dispute concerns whether in-service candidates, who are already police personnel, must produce a certificate or Form of Receipt showing relief from their current post and good conduct as a condition for promotion, under Rule 2(A) and Rule 2(2)(a) of the Kerala Government Servants’ Application for Posts Rules, 1958, and the General Conditions attached to the PSC notification (Condition No.18). The Kerala Administrative Tribunal had held that such a certificate was unnecessary where candidates compete within the same department for posts in a different wing, particularly when recruitment is exclusive to constabulary personnel. The KPSC contends that the certificate is essential to obtain the Head of Office’s consent to relieve the employee and to attest fitness and conduct, in line with the procedural framework. The in-service respondents contend that, given the same department and exclusive pool, the certificate requirement is irrelevant. The High Court, after examining statutory provisions, precedents, and the tribunal’s reasoning, sustains the tribunal’s view, stresses that the certificate format is not mandated, and dismisses the original petitions with no costs, thereby upholding the tribunal order.

Provisions of Law Cited

Kerala Government Servants' Application for Posts (Private Employment & Government Service) Rules, 1958 - Rule 2(A); Rule 2(2)(a)General Conditions attached to the notification inviting applications - Condition No.18

Legal Doctrines & Maxims

A person of reasonable intelligence cannot perceive such a requirement.
The word ‘office’ has various meanings depending upon the context (Goa Urban Co-operative Bank Ltd. v. Noor Muhammed Sheikh Mussa, (2004) 6 SCC 166).

Submissions & Arguments

Contentions of Appellants / Petitioners

The Kerala Public Service Commission contends that the certificate/form of receipt is required under Rule 2(A) and Rule 2(2)(a) to obtain Head of Office consent and ensure fitness/conduct; the certificate is not unnecessary merely because the candidate is in the same department and the post is within the same wing; the General Conditions (No.18) may require the format if applicable.

Contentions of Respondents

The respondents/in-service candidates argue that the certificate is unnecessary since the recruitment is internal to the same department; the petitioners rely on Rules and Conditions to support their eligibility, but the tribunal’s interpretation aligns with practical recruitment within the same department, where the certificate requirement would be redundant.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Goa Urban Co-operative Bank Ltd. v. Noor Muhammed Sheikh Mussa	(2004) 6 SCC 166	Positive	Cited to support the interpretation that the term ‘office’ may have different meanings depending on context, aiding contextual reading of Rule 2(A) and related provisions.
WP(C) No. 35017/2010	W.P.(C) No.35017/2010	Distinguished	Acknowledged but distinguished as the facts involved a department different from the one in question.
WP(C) No. 4173/2007	W.P.(C) No.4173/2007	Overruled	Described as not laying down the correct law for the present context, hence treated as not controlling.

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA, 1941** **OP(KAT).No.241 OF 2014(Z)** **AGAINST THE ORDER DATED 15-05-2014 IN OA 2413/2013 OF** **KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/RESPONDENT NO.1:** **THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM,KERALA – 695 004.** **BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANT AND RESPONDENT NOS.2 TO 4:** **1 SATHEESH S.,S/O. SATHEESAN,AGED 34 YEARS, CIVIL POLICE OFFICER (N.5396),POLICE DEPARTMENT, TRAFFIC POLICE UNIT,OTTAPPALAM – 679 101 PALAKKAD ON WORKING ARRANGEMENT AT CYBER CELL POLICE HEAD QUARTERS,THIRUVANANTHAPURAM – 695 010 CURRENTLY RESIDING AT THEKKEMANNEL,AZHEEKAL, KARUNAGAPPALLI,KOLLAM,KERALA – 690 547. 2 STATE POLICE CHIEF,POLICE HEAD QUARTERS, VELLAYAMBLAM,THIRUVANANTHAPURAM,KERALA – 695 010. 3 DISTRICT POLICE CHIEF,OFFICE OF THE DISTRICT POLICE CHIEF,PALAKKAD, KERALA – 678 001. 4 STATE OF KERALA,REPRESENTED BY SECRETARY HOME AND VIGILANCE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.** **R2-R4 BY SENIOR GOVERNMENT PLEADER SRI. P.N. SANTHOSH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.09.2019, ALONG WITH OP(KAT).259/2014(Z), OP(KAT).261/2014(Z), OP(KAT).267/2014(Z), OP(KAT).305/2014, OP(KAT).308/2015(Z), OP(KAT).390/2017(Z), THE COURT ON 25.09.2019 DELIVERED THE FOLLOWING:** OP(KAT) No.241/2014 & connected cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA,1941** **OP(KAT).No.259 OF 2014** **AGAINST THE ORDER DATED 15-05-2014 IN OA 2203/2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/RESPONDENT NO.4:** **THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM,KERALA – 695 004.** **BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANTS AND RESPONDENTS 1 TO 3:** **1 MOHANDAS P.,AGED 40 YEARS,S/O.PONNA, SENIOR CPO 4301,C COY,A.R.CAMP,KALLEKAD, PALAKKAD – 678 541,RESIDING AT EDAVAMPARAMBU HOUSE,BANK ROAD, ALATHUR P.O.,PALAKKAD,KERALA – 678 541. 2 PRATHAPKUMAR S.,AGED 38 YEARS, S/O.SIVARAMAN,CPO 5379, KASABA POLICE STATION,PALAKKAD, RESIDING AT CHANTHAMPULLY,VENGODI P.O., ELAPPULLY,PALAKKAD – 678 622, KERALA.** - **3 SIJU A.N.,AGED 35 YEARS,S/O.NANDANAN A.R., CPO 6223,COASTAL SECURITY POLICE STATION, AZHIKODE, KODUNGALLUR, THRISSUR, RESIDING AT APPACHATH HOUSE, PUTHENVELIKKARA P.O., ERNAKULAM DISTRICT-683594, KERALA.** OP(KAT) No.241/2014 & connected cases 3 - **4 RAVIKUMAR V.,AGED 35 YEARS, S/O.VASUDEVAN NAIR,CPO 4667, OTTAPALAM POLICE STATION,PALAKKAD, RESIDING AT VEETHULLI HOUSE,PANDIYODE, THENUR P.O.,PALAKKAD – 678 612, KERALA.** - **5 BIJU C.V.,S/O.SREEDHARAN NAIR, AGED 36 YEARS,CPO 5206,PATTAMBI TRAFFIC UNIT, PALAKKAD,RESIDING AT SREELAKSHMI NILAYAM, CHAZHIYATTIRI P.O.,PERINGODE (VIA), PALAKKAD – 679 535, KERALA.** - **6 BYJU A.,AGED 36 YEARS,S/O.AGASTIN, CPO 4696, ALATHUR POLICE STATION, PALAKKAD,RESIDING AT NELICKAL HOUSE, KANJIRAMCODE,PONTHUNDY P.O.,NENMARA, PALAKKAD – 679 536, KERALA.** - **7 NANDAKUMAR K.,AGED 36 YEARS, S/O.A.KESAVAN,CPO 5272, TOWN NORTH POLICE STATION, PALAKKAD,RESIDING AT 141/D, HEMAMBIKA NAGAR,RAILWAY COLONY, KALLEKULANGARA P.O.,PALAKKAD-678009, KERALA.** - **8 VINOD P.P.,S/O.SETHUMADAVAN NAIR, AGED 37 YEARS,CPO 4295,CHALISSERY, PALAKKAD,RESIDING AT NORTH BHAVAN, MUTHUTHA.P.O.,PATTAMBI,PALAKKAD,KERALA.** - **9 UMESH K.R.,AGED 33 YEARS, S/O.K.T.RADHAKRISHNAN,CPO 6112, CHALAKKUDY POLICE STATION, THRISSUR DISTRICT,RESIDING AT KALAPPATTIL KUMMARAPPILLY HOUSE, ANNANADU P.O.,CHALAKKUDY VIA., THRISSUR – 680 324, KERALA.** - **10 VIPIN K.V.,AGED 39 YEARS, S/O.K.V.VIJAYA RAGHAVAN, SENIOR CPO 5710,DISTRICT ARMED RESERVE CAMP,RAMAVARMAPURAM,THRISSUR,** OP(KAT) No.241/2014 & connected cases 4 **RESIDING AT KOZHIPARAMBIL HOUSE, EDATHIRUTHY P.O., MUNAYAM-680703, KERALA.** - **11 STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,HOME DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, KERALA – 695 001.** - **12 THE SUPERINTENDENT OF POLICE, PALAKKAD,NEAR KSRTC BUS STAND, YAKKARA,PALAKKAD,KERALA – 678 701.** - **13 THE SUPERINTENDENT OF POLICE, THRISSUR RURAL,AYYANTHOLE, THRISSUR, KERALA – 680 003.** **R4-R5, R10 BY ADV. SRI.S.A.ANAND R4-R5, R10 BY ADV. SRI.K.A.BALAN R4-R5, R10 BY ADV. SRI.PETER JOSE CHRISTO R4-R5, R10 BY ADV. SMT.N.SANTHA R4-R5, R7, R10 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R9 BY ADV. SRI.M.H.HANIL KUMAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.09.2019, ALONG WITH OP(KAT).241/2014(Z),OP(KAT).261/2014(Z),OP(KAT).267/2014 (Z),OP(KAT).305/2014,OP(KAT).308/2015(Z),OP(KAT).390/201 7(Z), THE COURT ON 25.09.2019 DELIVERED THE FOLLOWING:** OP(KAT) No.241/2014 & connected cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA,1941** **OP(KAT).No.261 OF 2014** **AGAINST THE ORDER DATED 15-05-2014 IN OA 2293/2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS:** **1 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, KERALA - 695 004. 2 THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, KERALA - 695 004. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANTS:** - **1 PRAJEESH K.,S/O.KRISHNANKUTTY NAIR, AGED 36 YEARS,CIVIL POLICE OFFICER, 8708,TOWN POLICE STATION, KOZHIKODE CITY - 673 001,RESIDING AT PRASANTHI NILAYAM,PANNIKOTTUR P.O., KOZHIKODE,KERALA - 673 572.** - **2 SUDHEER P.R.S/O.RAVEENDRAN, AGED 38 YEARS,CIVIL POLICE OFFICER, 6513,KADUTHURUTHI POLICE STATION, KOTTAYAM - 686 604, RESIDING AT** OP(KAT) No.241/2014 & connected cases 6 **PUTHUVALIL,CHEMBU P.O.,VAIKOM, KOTTAYAM, KERALA - 686 615.** - **3 UNNKRISHNAN O.K.,S/O.KUNKU NAIR, AGED 39 YEARS,CIVIL POLICE OFFICER, 8099,CHEVAYOOR POLICE STATION, KOZHIKODE CITY 673 017, RESIDING AT OTTATHAYULLA PARAMBIL HOUSE,MOILOTHARA, MOILOTHARA P.O., WAYANAD, KERALA - 673 513.** - **4 SHAJAHAN H.,S/O.HALUDHEEN, AGED 37 YEARS,CIVIL POLICE OFFICER, 5111, MAVELIKKARA POLICE STATION, ALAPPUZHA 690 101, RESIDING AT PARAYANTAYYATH HOUSE,KAYAMKULAM P.O., ALAPPUZHA,KERALA - 690 502.** - **5 DOLY V.M.,S/O.V.C.MATHEW,AGED 40 YEARS, CIVIL POLICE OFFICER, 6476, A.R CAMP, KOTTAYAM - 686 001, RESIDING AT VATTAPARAMBIL, S.N.PURAM P.O., KOTTAYAM, KERALA - 686 502.** - **6 SAIJU K.,S/O.KARTHIKEYAN,AGED 33 YEARS, CIVIL POLICE OFFICER, 5663, ARTHUNKAL POLICE SATION, ALAPUZHA - 688 530, RESIDING AT KADAVIL HOUSE, KODAMTHURUTH, KUTHIATHODE P.O., CHERTHALA, ALAPPUZHA, KERALA - 688 533.** - **7 T.V.RAJEEVAN,S/O.RAGHAVAN NAIR, AGED 39 YEARS,CIVIL POLICE OFFICER, 8464,VADAKARA POLICE STAITON, KOZHIKODE - 673 101, RESIDING AT VENKILATHILA THAZHA,MUYIPPOTH P.O., KOZHIKODE, KERALA - 673 524.** **ADDL8 JAYAKUMAR R.,S/O.REGHUNATHAN, JOSE BHAVAN,KARINGANNOOR P.O., KOLLAM – 691 516.** **IS IMPLEADED AS ADDITIONAL 8TH RESPONDENT AS PER ORDER DATED 23.10.2014 IN I.A. 13999/14.** OP(KAT) No.241/2014 & connected cases 7 **R1 BY ADV. SRI.ELVIN PETER P.J. R1 BY ADV. SRI.K.R.GANESH R1-2,R5-7 BY ADV.SRI.PIRAPPANCODE V.S.SUDHIR R4 BY ADV. SRI.T.T.MUHAMOOD R4 BY ADV. SRI.A.RENJIT R4 BY ADV. SRI.V.E.ABDUL GAFOOR R4 BY ADV. SRI.A.MOHAMMED SAVAD R4 BY ADV. SRI.C.Y.VINOD KUMAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.09.2019, ALONG WITH OP(KAT).241/2014(Z),OP(KAT).259/2014(Z),OP(KAT).267/2014 (Z),OP(KAT).305/2014,OP(KAT).308/2015(Z),OP(KAT).390/201 7(Z), THE COURT ON 25.09.2019 DELIVERED THE FOLLOWING:** OP(KAT) No.241/2014 & connected cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA,1941 OP(KAT).No.267 OF 2014** **AGAINST THE ORDER DATED 15-05-2014 IN OA 2412/2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/RESPONDENT NO.1:** **THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM,KERALA – 695 004** **BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANTS AND RESPONDENT NOS.2 AND 3:** - **1 RAJEEV KUMAR N.K.,S/O.P VIJAYAKUMAR, AGED 36 YEARS,CIVIL POLICE OFFICER (NO 5109),POLICE DEPARTMENT, PATTAMBI POLICE STATION,PALAKKAD-678001, RESIGING AT NEETTIYATHKALAM,CHALISSERY, PALAKKAD-679 536, PALAKKAD, KERALA** - **2 SANAL KUMAR R.,S/O.RAMAKRISHNAN, AGED 32 YEARS,CIVIL POLICE OFFICER (NO 11124)POLICE DEPARTMENT, MATTANCHERI POLICE STATION, KOCHI CIY-682 002, CURRENTLY RESIDING AT THIRUTHALIL HOUSE,PROJECT COLONY, AROOR, AROOR P O, ALAPPUZHA, KERALA – 688 534.** OP(KAT) No.241/2014 & connected cases 9 - **3 STATE POLICE CHIEF, POLICE HEAD QUARTERS,VELLAYAMBALAM, THIRUVANANTHAPURAM,KERALA-695 004** - **4 DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, PALAKKAD, KERALA, PIN-678001** - **5 DISTRICT POLICE CHIEF AND COMMISSION OF POLICE,OFFICE OF THE DISTRICT POLICE CHIEF,KOCHI CITY-682 011.** **R5 BY SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.09.2019, ALONG WITH OP(KAT).241/2014(Z),OP(KAT).259/2014(Z),OP(KAT).261/2014 (Z),OP(KAT).305/2014,OP(KAT).308/2015(Z),OP(KAT).390/201 7(Z), THE COURT ON 25.09.2019 DELIVERED THE FOLLOWING:** OP(KAT) No.241/2014 & connected cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA,1941** ## **OP(KAT).No.305 OF 2014** **AGAINST THE ORDER DATED 28-05-2014 IN OA 808/2013 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/RESPONDENT NO.2:** **THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, KERALA-695004.** **BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANT AND RESPONDENT NOS.1:** **1 CHANDRA MOHAN M.,AGED 36 YEARS, S/O.P.MURUKESAN,CPO 6495,D-COY, A.R.CAMP,KOLLAM,MANJIMA,ASHTAMANGALAM, PUNALUR,KOLLAM,KERALA – 691 325. 2 THE COMMANDANT,KERALA ARMED POLICE, 3RD BATTALION,ADOOR,THIRUVANANTHAPURAM, KERALA – 691 523.** **R1 BY ADV. SRI.K.S.ARUN KUMAR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.09.2019, ALONG WITH OP(KAT).241/2014(Z),OP(KAT).259/2014(Z),OP(KAT).261/2014 (Z),OP(KAT).267/2014(Z),OP(KAT).308/2015(Z),OP(KAT).390/ 2017(Z), THE COURT ON 25.09.2019 DELIVERED THE FOLLOWING:** OP(KAT) No.241/2014 & connected cases 11 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA,1941** **OP(KAT).No.308 OF 2015** **AGAINST THE ORDER DATED 17.06.2015 IN OA 784/2015 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/RESPONDENT NO.1:** **THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM, KERALA 695 004.** **BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANT AND RESPONDENT NOS.2 AND 3:** **1 MANOJ C.,S/O.B.CHANDRASEKHARAN, CIVIL POLICE OFFICER,P-5371,B.COMPANY, ARMED RESERVE CAMP,KALLEKKAD,PALAKKAD, NOW WORKING AS CIVIL POLICE OFFICER, DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION BUREAU,VIKAS BHAVAN P.O,, THIRUVANANTHAPURAM, KERALA 695 005.** **2 STATE POLICE CHIEF,POLICE HEAD QUARTERS, VAZHUTHACAUD,THIRUVANANTHAPURAM, KERALA 695 014.** **3 DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, PALAKKAD, KERALA 678 001.** **R1 BY ADV. KUM.M .ANJU THOMAS R1 BY ADV. SRI.DEEPAK MOHAN** OP(KAT) No.241/2014 & connected cases 12 **R1 BY ADV. SRI.JOMY GEORGE R1 BY ADV. SRI.LITHIN THOMAS R1 BY ADV. SMT.A.MINI JOSEPH R1 BY ADV. SRI.P.REJINARK R1 BY ADV. SRI.SEBASTIAN THOMAS R1 BY ADV. SMT.K.B.SONY R2-3 BY GOVERNMENT PLEADER** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.09.2019, ALONG WITH OP(KAT).241/2014(Z),OP(KAT).259/2014(Z),OP(KAT).261/2014 (Z),OP(KAT).267/2014(Z),OP(KAT).305/2014,OP(KAT).390/201 7(Z), THE COURT ON 25.09.209 DELIVERED THE FOLLOWING:** OP(KAT) No.241/2014 & connected cases 13 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY,THE 25TH DAY OF SEPTEMBER 2019/3RD ASWINA,1941** **OP(KAT).No.390 OF 2017** **AGAINST THE ORDER DATED 01.08.2017 IN O.A.(EKM)782/2017 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/1ST RESPONDENT:** **KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, PATTOM,THRIUVANANTHAPURAM, KERALA.** **BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENTS/APPLICANT & 2ND RESPONDENT:** **1 RANGEELA K.R.,W/O. ANILKUMAR N.K., WOMAN CIVIL EXCISE OFFICER,ERNAKULAM, RESIDING AT NAMBIARATH HOUSE,PANANGAD P.O., ERNAKULAM, KERALA - 682 506.** **2 THE COMMNDANT KERALA ARMED POLICE -1 THRISSUR, KERALA - 688 001.** **R1 BY ADV. SMT.P.K.SANTHAMMA** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.09.2019, ALONG WITH OP(KAT).241/2014(Z),OP(KAT).259/2014(Z),OP(KAT).261/2014 (Z),OP(KAT).267/2014(Z),OP(KAT).305/2014,OP(KAT).308/201 5(Z), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** “C.R.” ## V. CHITAMBARESH & ASHOK MENON, JJ. = = = = = = = = = = = = = = = = = = = = = = = = OP(KAT) Nos.241 of 2014, 259 of 2014, 261 of 2014, 267 of 2014, 305 of 2014, 308 of 2014 & 390 of 2017 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25[th] day of September, 2019 ## Judgment ## Chitambaresh, J. 1.The selection is to the post of Sub Inspector of Police (Trainee) for the 10% of the vacancies reserved for the Graduate Constabulary Wing of the Police and Vigilance department in the State. The contesting respondents in this bunch of original petitions are in-service candidates who applied for selection and were short listed by the Kerala 15 OP(KAT) No.241/2014 & conn. cases Public Service Commission. It was found during the scrutiny of the documents that the contesting respondents had not either produced the requisite certificate or that it was not in the proper format as prescribed. The Kerala Public Service Commission asserts that such a certificate is essential whereas the contesting respondents maintain that the same is not necessary in the given situation. 2.Reliance is placed on Kerala Government Servants' Application for Posts (Private Employment & Government Service) Rules, 1958 ('the Rules' for short) for the necessity to produce a certificate. Reliance is also placed on the General Conditions attached to the notification inviting applications by the Kerala Public Service Commission for the format of the certificate. The Kerala Administrative Tribunal OP(KAT) No.241/2014 & conn. cases 16 has by the order impugned held that there is no necessity for such a certificate much less in the prescribed format for the selection in question. The contesting respondents were directed to be included at the appropriate places in the ranked list if they are otherwise eligible by the order of the tribunal impugned in these original petitions. - 3.We heard Mr.P.C.Sasidharan, Advocate for the Kerala Public Service Commission, Mr. Pirappancode V.S. Sudheer, Mr. V. Varghese, Mrs. P.K. Santhamma and Mr. T.T. Muhamood, Advocates for the contesting respondents as well as Mr.P.N. Santhosh, Senior Government Pleader at length. - 4.Rule 2(A) of the Rules makes it abundantly clear that an application for the Government post shall be with the consent of the Head of the Office or Department under OP(KAT) No.241/2014 & conn. cases 17 whom the applicant is employed. Rule 2(2)(a) of the Rules makes it obligatory for the applicant to route his application through the Head of Office in which he is working at the time of making the application. Neither Rule 2(A) nor Rule 2(2)(a) of the Rules applies when an in-service candidate applies to a post in the same department to the quota ear marked for him as a graduate. The term 'office' in Rule 2(A) of the Rules has to be read in the context of the term 'Department' therein and does not relate to a selection post in the same Department. The word 'office' has various meanings depending upon the context as held in Goa Urban Co-operative Bank Ltd. v. Noor Muhammed Sheikh Mussa and another [(2004) 6 SCC 166]. 5.The necessity for a certificate in terms of Rule 2(A) and Rule OP(KAT) No.241/2014 & conn. cases 18 2(a) of the Rules is to ensure that the Head of the Office or Department has no objection in relieving the applicant from the post which he is now holding. The certificate will also ensure that the conduct of the applicant in the past has not been blame worthy and he is fit to be considered for selection to the promoted post. Such a certificate is wholly irrelevant when the Head of the Office or the Department is in the same wing - the present post and the promoted post - like the Police Department here. The tribunal has in paragraph 8 of the order impugned observed as follows: “8. But, in this case, the Government have made a permission for reservation of certain posts for the constabulary and the PSC has invited applications for those posts exclusively from the constabulary. They have to produce certificates to show that they were working in the constabulary at least for a period of two years. OP(KAT) No.241/2014 & conn. cases 19 In such cases, we think, the production of 'Form of Receipt' is redundant as it is an exclusive recruitment for a section of persons employed in the Police Department. But, ofcourse, if the rules or conditions insist for production of 'Form of Receipt', then the PSC is bound by them and the candidates are also bound by them. Going by condition No.18 of the General Conditions it is not clear whether the persons working in the same department apply for other posts in the same department they have to produce 'Form of Receipt'. A person of reasonable intelligence cannot perceive such a requirement under condition No.18 of the General Conditions”. No question of adhering to the format prescribed in condition No.18 of the General Conditions attached to the notification inviting applications arises when we concur with the tribunal that no certificate at all is necessary. 6.A certificate is not necessary only because the contesting OP(KAT) No.241/2014 & conn. cases 20 respondents in these cases are all Constables in the Police Department who seek selection to the post of Sub Inspector of Police in the same department. The judgment in WP(C) No. 35017/2010 of this Court is distinguishable since that was a case of selection in a department different from the one where the employee was in. The judgment in WP(C) No.4173/2007 of this Court does not lay down the correct law for the reasons stated above though it related to promotion in the same department. The contesting respondents were short listed and the vacancies reported much before and the subsequent expiry of the ranked list does not jeopardise their interest. We feel that the impugned order of the tribunal is well balanced and does not suffer from any infirmity in law as to warrant exercise of OP(KAT) No.241/2014 & conn. cases 21 the supervisory jurisdiction by us. The original petitions are dismissed. No costs. ## V. CHITAMBARESH, JUDGE ASHOK MENON, JUDGE ncd OP(KAT) No.241/2014 & conn. cases 22 ## **APPENDIX OF OP(KAT) 241/2014** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 EXHIBIT P1: TRUE COPY OF ORIGINAL APPLICATION WITH ANNEXURES.** **EXHIBIT P2 EXHIBIT P2: TRUE COPY OF THE JUDGMENT IS IN WPC NO.35017/2010. EXHIBIT P3 EXHIBIT P3: TRUE COPY REPLY STATEMENT. EXHIBIT P4 EXHIBIT P4: TRUE COPY OF REJOINDER SUBMITTED BY THE APPLICANT. EXHIBIT P5 EXHIBIT P5: TRUE COPY OF THE ORDER** **EXHIBIT P5: TRUE COPY OF THE ORDER ISSUED BY THE HONOURABLE TRIBUNAL IN O.S.NO.2413 OF 2013 DATED 15.5.2014.** OP(KAT) No.241/2014 & conn. cases 23 ## **APPENDIX OF OP(KAT) 259/2014** **PETITIONER'S/S EXHIBITS:** **ANNEXURE P1 P1: COPY OF THE ORIGINAL APPLICATION WITH ANNEXURES.** **EXHIBIT P2 P2: COPY OF THE JUDGMENT IN WPC NO.35017 OF 2010. EXHIBIT P3 P3: COPY OF REPLY STATEMENT. EXHIBIT P4 P4: COPY OF THE ORDER ISSUED BY THE HONOURABLE TRIBUNAL IN O.A.2203 OF 2013 DATED 15/5/2014.** OP(KAT) No.241/2014 & conn. cases 24 ## **APPENDIX OF OP(KAT) 261/2014** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 P1 - TRUE COPY OF THE OA NO. 2293 OF 2013.** **EXHIBIT P2 P2 - TRUE COPY OF THE JUDGMENT IS IN WPC NO. 35017 OF 2010.** **EXHIBIT P3 P3 - TRUE OCPY OF THE ORDER ISSUED BY THE HONOURABLE TRIBUNAL IN OA 2293 OD 2013 DT. 15.5.14.** OP(KAT) No.241/2014 & conn. cases 25 ## **APPENDIX OF OP(KAT) 267/2014** **PETITIONER'S/S EXHIBITS:** **ANNEXURE P1** **P1:-TRUE COPY OF THE ORIGINAL APPLICATION WITH ANNEXURES** **EXHIBIT P2** **P2:-TRUE COPY OF JUDGMENT IN WPC NO 354017 OF 2010** **EXHIBIT P3 P3:-TRUE COPY OF REPLY STATEMENT EXHIBIT P4 P4:-TRUE COPY OF THE REJOINDER, EXHIBIT P5 P5:-TRUE COPY OF THE ORDER ISSUED BY** **P5:-TRUE COPY OF THE ORDER ISSUED BY THE HONOURABLE TRIBUNAL IN OA 2412 OF 2013 DTD 15/5/2014** OP(KAT) No.241/2014 & conn. cases 26 ## **APPENDIX OF OP(KAT) 305/2014** ## **PETITIONER'S/S EXHIBITS:** - **ANNEXURE P2 ANNEXURE-A1: TRUE COPY OF THE ELECTION IDENTITY CARD OF THE APPLICANT.** - **ANNEXURE P3 ANNEXURE-A2: TRUE COPY OF THE M.A.ENGLISH CERTIFICATE OF THE APPLICANT.** - **ANNEXURE P4 ANNEXURE-A3: TRUE COPY OF THE M.PHIL ENGLISH CERTIFICATE OF THE APPLICATION.** - **ANNEXURE P5 ANNEXURE-A5: TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT.** - **ANNEXURE P6 ANNEXURE-A6: TRUE COPY OF THE REPRESENTATION DATED 16/02/2013.** - **ANNEXURE P7 ANNEXURE-A6(A): TRUE TRANSLATION OF ANNEXURE-A6.** - **ANNEXURE P8 ANNEXURE-A8: AFFIDAVIT FILED BY THE APPLICANT.** - **ANNEXURE P10 ANNEXURE-R1(A): TRUE COPY OF THE INWARD REGISTER DATED 10/10/2007 OF THE COMMANDANT, KAP 3 BN.ADOOR.** - **ANNEXURE P11 ANNEXURE-R1(B): TRUE COPY OF THE INWARD REGISTER DATED 10/10/2007 OF THE HQ.COY.** - **EXHIBIT P1 EXHIBIT-P1: TRUE COPY OF THE ORIGINAL APPLICATION WITH EXHIBITS.** - **EXHIBIT P9 EXHIBIT-P2: COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT WITH ANNEXURES.** - **EXHIBIT P12 EXHIBIT-P3: TRUE COPY OF THE JUDGMENT IS IN W.P.(C) NO.35017/2010.** - **EXHIBIT P13 EXHIBIT-P4: TRUE COPY OF THE ORER ISSUED BY THE HONOURABLE TRIBUNAL IN O.A.NO.808/2013 DATED 28/05/2014.** OP(KAT) No.241/2014 & conn. cases 27 ## **APPENDIX OF OP(KAT) 308/2015** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 EXHIBIT P1. TRUECOPY OF ORIGINAL APPLICATION NO.784 OF 2015 WITH ANNEXURES.** **EXHIBIT P2 EXHIBIT P2. TRUE COPY OF JUDGMENT IN WPC 35017 OF 2010.** **EXHIBIT P3 EXHIBIT P3. TRUE COPY OF THE ORDER ISSUED BY THE HONOURABLE TRIBUNAL IN OA 784 OF 2015 DATED 17.6.15.** **EXHIBIT P4 EXHIBIT P4. TRUE COPY OF THE INTERIM ORDER IN OPKAT 267/2014 DATED 14.10.14.** OP(KAT) No.241/2014 & conn. cases 28 ## **APPENDIX OF OP(KAT) 390/2017** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA(EKM) 782 OF 2017 WITH ANNEXURES.** **EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY THE COMMISSION.** **EXHIBIT P3 TRUE COPY OF THE ORDER IN OA(EKM) NO. 782 OF 2017 DATED 01.8.2017.**