High Court of KeralaDivision BenchDisposed of accordingly (impugned Tribunal orde...

OP(KAT) NOs. 292 & 314 OF 2017

Case / Petition Number:OP(KAT) NO 292 OF 2017; OP(KAT) NO 314 OF 2017

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
  • S. Manu
Judgment Date
2024-06-27
Court Decision / Holding
The impugned order of the Kerala Administrative Tribunal directing re-measurement is set aside; the original petitions are disposed of accordingly. The Court directs adherence to PSC’s established procedures for measurement and redressal, with PSC to reconsider any alleged errors rather than court-led re-measurement.
Final Disposition
Disposed of accordingly (impugned Tribunal order set aside; petitions disposed of with directions consistent with PSC procedural norms).

Parties to the Case

Appellants / Petitioners

  • KERALA PUBLIC SERVICE COMMISSION (KPSC)

Respondents

  • RAHUL R., S/O RAJAGOPALAN NAIR, Rajesh Bhavan, Mayithara Market P.O., Cherthala, Alappuzha, Kerala - 688524
  • STATE OF KERALA represented by the Additional Chief Secretary, Home Department, Secretariat, Thiruvananthapuram, Kerala - 685001
  • SUBAIR A., S/O ASSANARKUNJU, Kollam, Kerala - 691576
  • STATE OF KERALA represented by the Secretary to the Motor Vehicles Department, Secretariat, Thiruvananthapuram, Kerala - 695001
  • THE TRANSPORT COMMISSIONER, Motor Vehicles Department, Trans Towers, Vazhuthacaud, Thiruvananthapuram, Kerala - 695014

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri P. C. Sasidharan, SC, KPSC

Counsels for Respondents

  • • Smt. Chitra Vijayan, Government Pleader
  • • Sri Jinson Ouseph
  • • Sri V. Prince Dev
  • • Sri C. Rajeswara Kumar
  • • Sri Shabu Sreedharan
  • • Sri S. Vijayan
  • • Sri Babu Joseph Kuruvathazha, Government Pleader (for OP(KAT) 314/2017)

Case Synopsis & Summary

These original petitions were filed by the Kerala Public Service Commission in 2017 challenging the directions of the Kerala Administrative Tribunal ordering re-measurement of candidates for the post of Police Constable (OA Nos. 1054/2016 and 620/2016 referenced in the petitions). The High Court notes a long interim order (from 09.08.2017) spanning over seven years, while the rank lists expired. Citing the Supreme principle expressed in KPSC v. Ashoka (2003 (2) KLT 177), the Court emphasizes that when recruitment is entrusted to the Public Service Commission, it must rely on its own machinery and established rules for physical measurement, and the Court should not substitute or perform independent measurement via its own officers. If there is a defect, the remedy lies in PSC reconsideration, not in Court-led re-measurement. In light of this, the impugned Tribunal order directing re-measurement is set aside, and the petitions are disposed of accordingly. The judgment reinforces PSC’s procedural autonomy and the limited role of the judiciary in recruitment measurements, directing PSC to reassess if any errors are found rather than Court-led measurement. The decision aligns with the earlier KPSC v. Ashoka doctrine and ends the contested directions issued by the Tribunal.

Legal Doctrines & Maxims

  • Courts should not substitute the Public Service Commission's measurement with an independent measurement; if there is defect, the Court should direct PSC to reconsider.
  • Principle from KPSC v. Ashoka (2003 (2) KLT 177) that PSC has its own machinery for recruitment measurements and redressal, and the Court should defer to PSC procedures.

Submissions & Arguments

Contentions of Appellants / Petitioners

The Kerala Public Service Commission contends that it has its own machinery and Rules for physical measurement of candidates and that the judiciary should not substitute PSC’s process or order independent court-led measurement. It argues that PSC’s measurements are binding on recruitment, and any error should be addressed by directing PSC to reconsider rather than by courts performing or authorizing re-measurement. The interim orders and the long pendency have already strained the process, and the court should respect the PSC framework and redressal channels.

Contentions of Respondents

The respondents (candidates and associated parties) contend for fairness and accuracy in recruitment, arguing that measurements and post-measurement verifications are essential to prevent errors. They seek appropriate correction where necessary, potentially through PSC mechanisms or tribunal-directed review, to ensure merit-based selection. The ultimate relief sought was to ensure valid selection standards, even if that required measurement adjustments.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
KPSC v. Ashoka2003 (2) KLT 177PositiveThe judgment cites and applies the principle from KPSC v. Ashoka that the Court should not substitute PSC's own measurement with a court-appointed measurement; if there is defect, the PSC should reconsider rather than the Court performing the measurement.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**OP(KAT) NOs. 292 & 314 OF 2017** **1** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MR. JUSTICE S.MANU** **THURSDAY, THE 27[TH] DAY OF JUNE 2024 / 6TH ASHADHA, 1946 OP(KAT) NO. 292 OF 2017** **AGAINST THE ORDER/JUDGMENT DATED 02.06.2017 IN OA NO.1054 OF 2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/S:** **THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, PIN - 695 004 REPRESENTED BY ITS SECRETARY, KERALA.** **BY ADV SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENT/S:** **1 RAHUL.R AGED 25 YEARS S/O. RAJAGOPALAN NAIR, AGED 25 YEARS, RAJESH BHAVAN, MAYITHARA MARKET P.O., CHERTHALA, ALAPPUZHA, KERALA - 688 524.** **2 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 685 001.** **BY ADVS. SMT.CHITRA VIJAYAN GOVERNMENT PLEADER SRI.JINSON OUSEPH SRI.V.PRINCE DEV SRI.C.RAJESWARA KUMAR SRI.SHABU SREEDHARAN SRI.S.VIJAYAN** **OP(KAT) NOs. 292 & 314 OF 2017** **2** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 27.06.2024, ALONG WITH OP(KAT).314/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **OP(KAT) NOs. 292 & 314 OF 2017** **3** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 27[TH] DAY OF JUNE 2024 / 6TH ASHADHA, 1946** **OP(KAT) NO. 314 OF 2017** **AGAINST THE ORDER/JUDGMENT DATED IN OA NO.620 OF 2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/S:** - **1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004, KERALA.** - **2 THE DISTRICT OFFICER REGIONAL OFFICER, KPSC, KOLLAM, CORPORATION BUILDING, ANDAMUKKAM, KOLLAM, KERALA -691001.** **BY ADV SRI.P.C.SASIDHARAN, SC, KPSC** ## **RESPONDENT/S:** - **1 SUBAIR.A S/O ASSANARKUNJU, AGED 39 YEARS, RESIDING AT ASM MANZIL, KANNALLOOR PO, KOLLAM, KERALA-691576.** - **2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO MOTOR VECHICLES DEPARTMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE J., THIRUVANANTHAPURAM, KERALA695001.** - **3 THE TRANSPORT COMMISSIONER O/O. TRANSPORT COMMISSIONER, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZHUTHACAUD PO, THIRUVANANTHAPURAM, KERALA- 695014.** **BY ADVS.** **OP(KAT) NOs. 292 & 314 OF 2017** **4** ## **SRI.BABU JOSEPH KURUVATHAZHA GOVERNMENT PLEADER** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 27.06.2024, ALONG WITH OP(KAT).292/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **OP(KAT) NOs. 292 & 314 OF 2017** **5** ## **JUDGMENT** **Dated this the 27[th] day of June 2024** ## A.Muhamed Mustaque, J. These original petitions were filed by the Public Service Commission in the year 2017, aggrieved by the directions issued by the Tribunal ordering re-measurement of the applicant therein for the purpose of selection to the post of Police Constable. 2. On 09.08.2017, this Court granted interim order and the same was in force more than 7 years. The rank list was also expired. We also note the judgment of this Court in _**KPSC v. Ashoka [2003 (2) KLT 177]**_ , wherein this Court held as follows: _“Having regard to the facts and circumstances of this case, we are of the view that the procedure adopted by the learned single Judge in directing the Security Officer of the High Court to measure the height of the candidate and granting relief on the basis of such measurement is not correct or proper. When the responsibility of selecting candidates for posts coming under the purview of the Public Service Commission is_ **OP(KAT) NOs. 292 & 314 OF 2017** **6** _entrusted with the Public Service Commission and when the Commission has its own machinery and procedure for taking physical measurement of candidates and when the Rules of the Commission provide for redressal of grievances, if any, regarding any mistake or error in the measurement, it is not open to this Court to ignore the measurements made by the Public Service Commission and to arrange an independent measurement by the Security Officer of the Court. Even if the Court is satisfied that there is defect or error in the measurement made by the Commission, the Court can only direct the Public Service Commission to reconsider the matter. It is not for the Court to do the measurement or to get it measured by an Officer of the Court. “_ In the light of the above, the impugned order is set aside. The original petitions are disposed of accordingly. **SD/** **A.MUHAMED MUSTAQUE JUDGE SD/ S.MANU JUDGE** **jm/** **OP(KAT) NOs. 292 & 314 OF 2017** **7** ## **APPENDIX OF OP(KAT) 314/2017** ## **PETITIONER ANNEXURES** |**ANNEXURE A1**|**TRUE COPY OF THE GAZETTE NOTIFICATION DATED**| |---|---| ||**26.12.2014**| |**ANNEXURE A2**|**TRUE COPY OF THE ADMISSION TICKET FOR**| ||**APPEARANCE IN THE OMR TEST**| |**ANNEXURE A3**|**TRUE COPY OF THE SHORT LIST BEARING NO**| ||**135/15/ER X111 DATED 29.7.2015**| |**ANNEXURE A4**|**TRUE COPY OF THE ADMISSION TICKET ISSUED TO**| ||**THE APPLICANT WITH RESPECT TO PHYSICAL**| ||**MEASUREMENT AND CERTIFICATE VERIFICATION**| |**ANNEXURE A5**|**TRUE COPY OF THE COMMUNICATION DATED**| ||**11.3.2016 FROM THE DMO(H), KOLLAM**| |**ANNEXURE A6**|**TRUE COPY OF THE PHYSICAL FITNESS CERTIFICATE**| ||**ISSUED BY THE MEDICAL BOARD OF THE DISTRICT**| ||**HOSPITAL, KOLLAM**| |**ANNEXURE A7**|**TRUE COPY OF THE ORDER OF THIS HONORABLE**| ||**TRIBUNAL IN OA 354/2015 REPORTED IN KAT**| ||**REPORTER VOLUME 4 PART 2 PAGE NO 15 AND 16**| |**EXHIBIT P1**|**TRUE COPY OF THE O.A 620 OF 2016 WITH**| ||**ANNEXURES**| |**EXHIBIT P2**|**TRUE COPY OF THE ORDER IN O.A.NO. 620/2016**| ||**DATED 02/06/2017**| |**EXHIBIT P3**|**TRUE COPY OF THE SIGNED MEASUREMENT SHEET OF**| ||**THE CANDIDATE**| |**EXHIBIT P4**|**TRUE COPY OF THE RE-MEASUREMENT SHEET.**| **OP(KAT) NOs. 292 & 314 OF 2017** **8** ## **APPENDIX OF OP(KAT) 292/2017** ## **PETITIONER ANNEXURES** |**ANNEXURE-A1**|**A COPY OF THE NOTIFICATION DATED 12/03/2015**| |---|---| ||**PUBLISHED BY THE 2ND RESPONDNET**| |**ANNEXURE-2**|**A COPY OF THE CALL LETTER**| |**ANNEXURE-A3**|**A COPY OF THE 2ND CALL LETTER DATED RECEIVED**| ||**BY THE APPLICANT**| |**ANNEXURE-A4**|**COPY OF THE CERTIFICATE DATED 05.05.2016**| ||**ISSUED BY THE DEPUTY SUPERINTENDENT OF**| ||**DISTRICT HOSPITAL, ALAPPUZHA**| |**ANNEXURE-A5**|**TRUE COPY OF THE NOTIFICATION ISSUED BY THE**| ||**WEST BENGAL POLICE RECRUITMENT BOARD**| |**EXHIBIT P1**|**TRUE COPY OF THE O.A. 1054 OF 2016 WITH**| ||**ANNEXURES.**| |**EXHIBIT P2**|**TRUE COPY OF THE ORDER IN O.A.NO. 1054 OF**| ||**2016 DATED 02.06.2017.**| |**EXHIBIT P3**|**TRUE COPY OF THE MEASUREMENT SHEET DULY**| ||**SIGNED BY THE CANDIDATE.**| |**EXHIBIT P4**|**TRUE COPY OF THE RE-MEASUREMENT SHEET.**|