High Court of KeralaDivision BenchDismissed; no interference with Tribunal’s orde...

OP(KAT) Nos.239/2023 & 247/2023 (Reshma M. Raj v. State of Kerala & Ors; The Kerala Public Service Commission v. Prasad P.S.)

Case / Petition Number:OP(KAT) Nos.239/2023 & 247/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
  • Sophy Thomas
Judgment Date
2023-08-11
Court Decision / Holding
Original petitions dismissed; the order of the Kerala Administrative Tribunal is not interfered with. The Court upheld the Tribunal’s conclusion, concluding that the selection criteria, as predetermined by the notification and as applied, should be respected; changes to the criteria after notification were not permissible unless declared beforehand.
Final Disposition
Dismissed; no interference with Tribunal’s order; petitions fail; Tribunal’s approach upheld.

Parties to the Case

Appellants / Petitioners

  • Reshma M. Raj
  • The Kerala Public Service Commission

Respondents

  • Prasad P.S.
  • State of Kerala represented by the Secretary to Government, Forest & Wildlife Department, Secretariat, Thiruvananthapuram
  • The Kerala Public Service Commission represented by the Secretary to Government, Forest & Wildlife Department, Secretariat, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • S.P. Aravindakshan Pillay
  • • N. Santhav Varghese
  • • Peter Jose Christo
  • • A. Anand
  • • K. Remya
  • • L. Annapoorna
  • • Vishnu V.K.
  • • Abhirami K. Uday

Counsels for Respondents

  • • Elvin Peter P.J.
  • • K.R. Ganesh
  • • Gouri Balagopal
  • • Abhijith K.
  • • Anirudhan
  • • Sreelekshmi A.S.

Case Synopsis & Summary

This judgment of a Division Bench of the Kerala High Court concerns two connected O.P.(KAT) petitions challenging the selection process for the post of Range Forest Officer in the Kerala Forest Department. The petitions arise from the Kerala Public Service Commission’s (KPSC) invitation for candidates in 2019, followed by a 2021 PSC decision to change the basis of marking by converting written-test marks to a percentage, in order to align with the interview component and ensure uniformity. The PSC system previously used a structured basis (Para 339 of the PSC Manual) with varying weightage depending on the selection method. The petition by Reshma M. Raj contended that altering the selection criteria after notification was impermissible and could amount to arbitrariness, while the PSC argued that standardization was necessary to avoid arbitrariness and to harmonize evaluation across components. The Kerala Administrative Tribunal (KAT) had earlier allowed Prasad P.S.’s challenge, leading to a split legal dispute. The High Court, after examining the notified criteria, annexures, and past rank lists, concluded that predetermined criteria must be followed, and if changes were made, they should have been announced upfront before notification. Ultimately, the court dismissed the original petitions and upheld the Tribunal’s order, holding that no interference was warranted with the selection process as conducted. The decision emphasizes adherence to notification-based criteria and cautions against retroactive modification of selection standards.

Provisions of Law Cited

Article 226, Constitution of IndiaArticle 227, Constitution of IndiaPara 339 of the Kerala Public Service Commission Office Manual (Basis of Marking)Para 302 of the KPSC Manual (weightage for NCC etc., cited)

Legal Doctrines & Maxims

  • Predetermined criteria in the notification must be followed; changes to criteria after notification are impermissible.
  • Uniformity in marking should not override the notification unless clearly authorized; manual is part of the notification.

Submissions & Arguments

Contentions of Appellants / Petitioners

Reshma M. Raj and associates contended that PSC’s post-notification shift to a percentage-based calculation for the written test scores, ostensibly to standardize marks, violates the notification and undermines the principle that selection criteria must be fixed at the time of notification; this results in arbitrariness and alters rank lists. They urged strict adherence to Para 339 and the original notification.

Contentions of Respondents

PSC argued that percentage-based standardization is a rational, uniform method to ensure comparability across components given the interview ceiling; the manual is guidance and can be adapted to ensure fair ranking, as long as the overall framework respects the notification and avoids arbitrariness.

Cited Precedents (7)

Case NameCitationTreatmentExplanation
State of Uttar Pradesh v. Karunesh Kumar & Ors.AIR 2023 SC 52Mentioned OnlyCited by PSC counsel but the court found no proposition of law that post-notification changes in criteria are permissible; therefore treated as mentioned rather than dispositive.
State of Uttar Pradesh & Others v. Atul Kumar Dwivedi & Ors.AIR 2022 SC 973Mentioned OnlyCited in argument; court did not rely on it to support a post-notification change in criteria.
Sajan J. Menon v.State of Kerala and Others2007 (3) KHC 724Mentioned OnlyCited as a comparative authority; not adopted as controlling law in the present context.
W.P.(C).No.30266/2009(status not specified)Mentioned OnlyCited in argument; no direct proposition adopted.
Sreekumar v. Travancore Devaswom Board1993 (1) KLT 740PositiveHeld that the method of selection has to be determined at the time of notification and cannot be altered after issuance, supporting the court’s emphasis on predetermined criteria.
Sureshkumar Lalitkumar Patel v. State of Gujarat(2023) 4 KLT SN.5 (C.NO.5) SCPositiveCited to support the principle of predetermined criteria; used to reinforce that such criteria should be fixed in advance.
K.Manjusree v. State of Andhra Pradesh and another(2008) 3 SCC 512PositiveCited as authority for the predetermination principle and non-arbitrariness in selection procedures.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ## **`&`** ## **`THE HONOURABLE MRS. JUSTICE SOPHY THOMAS`** ``` FRIDAY, THE 11[TH] DAY OF AUGUST 2023 / 20TH SRAVANA, 1945 ``` ``` OP(KAT) NO. 247OF 2023 ``` ## **`PETITIONER/S:`** ``` THE KERALA PUBLIC SERVICE COMMISSION.,REPRESENTED BY ITS SECRETARY. PATTOM PALACE P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695004 ``` ``` BY ADV P.C.SASIDHARAN ``` ## **`RESPONDENT/S:`** - `1 PRASAD P.S.,AGED 27 YEARS S/O SUBRAMANIAN.P.K, RESIDING AT POTTATHPARAMBIL HOUSE, POTTA.P.O, THRISSUR DISTRICT-680722, KERALA` - `2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST & WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001` - `3 RESHMA M.RAJMANAKARY HOUSE, P.O.KIDANGARA, ALAPPUZHA, KERALA., PIN - 686102` OP(KAT) Nos.239/2023 & 247/2023 -:2:- ``` OP(KAT) NO. 247OF 2023 ``` ``` BY ADVS.ELVIN PETER P.J. S. P. ARAVINDAKSHAN PILLAY K.R.GANESH(K/000551/1991) GOURI BALAGOPAL(K/002008/2019) ``` ``` ABHIJITH.K.ANIRUDHAN(K/1644/2020) SREELEKSHMI A.S.(K/1313/2021) ``` ``` N.SANTHA(S-176) V.VARGHESE(K/514/1996) PETER JOSE CHRISTO(K/1216/2004) S.A.ANAND(K/1216/2006) ``` ``` L.ANNAPOORNA(K/952/2013) K.N.REMYA(K/712/2010) VISHNU V.K.(K/001396/2018) ABHIRAMI K. UDAY(K/001426/2018) ``` ``` THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 2.08.2023, ALONG WITH OP(KAT).239/2023, THE COURT ON 11/8/2023 DELIVERED THE FOLLOWING: ``` OP(KAT) Nos.239/2023 & 247/2023 -:3:- ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ## **`THE HONOURABLE MRS. JUSTICE SOPHY THOMAS`** ``` FRIDAY, THE 11[TH] DAY OF AUGUST 2023 / 20TH SRAVANA, 1945 ``` ``` OP(KAT) NO. 239 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENTOA (EKM) 1082/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ## **`PETITIONER/S:`** ``` RESHMA M.RAJ.,AGED 32 YEARS D/O RAJU S., MANAKARY HOUSE, KIDANGARA P.O., ALAPPUZHA, ALAPPUZHA DISTRICT, PIN-686 102. (NOW UNDERGOING TRAINING AS RANGE FOREST OFFICER, RFO BATCH 2022-2024, KUNDAL ACADEMY OF DEVELOPMENT ADMINISTRATION AND MANAGEMENT (FORESTS), KUNDAL P.O., TALUKA - PALUS, SANGLI DISTRICT, MAHARASHTRA,, PIN - 686102 BY ADVS.S.P.ARAVINDAKSHAN PILLAY.,N.SANTHAV.VARGHESEPETER JOSE CHRISTOS.A.ANANDK.N.REMYAL.ANNAPOORNAVISHNU V.K.ABHIRAMI K. UDAY ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:4:- ## **`OP(KAT) NO. 239 OF 2023`** ## **`RESPONDENT/S:`** ``` 1PRASAD P.S.,S/O SUBRAMANIAN P.K., RESIDING AT POTTATHPARAMBIL HOUSE, POTTA P.O., THRISSUR DISTRICT, PIN - 680722 2STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST & WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST & WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695004 BY ADVS.ELVIN PETER P.J. ``` ``` K.R.GANESH ``` ``` GOURI BALAGOPAL ``` ``` ABHIJITH.K. ``` ``` ANIRUDHAN ``` ``` SREELEKSHMI A.S. ``` ``` THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 10.08.2023, ALONG WITH OP(KAT).247/2023, THE COURT ON 11/8/2023 DELIVERED THE FOLLOWING: ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:5:- ## **`J U D G M E N T`** ``` A.Muhamed Mustaque, J. ``` ``` On 11/12/2019 the Kerala Public Service Commission invited applications from candidates belonging to Scheduled Caste/Scheduled Tribe for the post of Range Forest Officer. As per the notification, the candidates will be selected on the basis of walking test, written test and interview. ``` ``` 2. The manual issued by the Kerala Public Service Commission (“the PSC”, for short) covers the procedure to be followed in awarding the marks. Para.339 of the manual stipulates the basis of the marking as follows: ``` ## **`339. Basis of Marking`** ``` (i) If selection to a post is finalised by written test and interview, the maximum marks for interview shall be 20% of the maximum marks for the Written Test. The Basis of ranking in such cases shall be marks for the Written Test + Marks for the interview. ``` OP(KAT) Nos.239/2023 & 247/2023 -:6:- ``` (ii) In the case of selections finalised on the basis of qualifying marks and interview, basis of marking will be the percentage of marks for the qualifying examination plus interview marks out of 20. ``` ``` (iii) If the selection is made on the basis of the aggregate of the percentage of marks for the qualifying examination, the percentage of marks for the written test and the marks for interview, the maximum marks for the interview should be fixed as 40. ``` ``` (iv) If the selection is made on the basis of practical test and the interview, the basis of marking should be grade marks for the practical test plus interview marks out of 25. ``` ``` (v) In cases where selection is made on the basis of interview alone, the marks for the interview should be out of 100. ``` ``` (vi) For selection to teaching posts in Colleges (general and professional), Higher Secondary, Vocational Higher Secondary Departments (except for that in Medical Education Department) the basis of marking will be:- ``` ``` (a) For Ranked Lists preparing on the basis of Written Test/OMR Test: ``` ``` Percentage of marks for the written test/OMR Test + Credit for academic marks out of 30 (i.e., percentage of marks secured in the qualifying examination out of 30) + interview marks out of 20 + ten marks as weightage as detailed ``` `1. Non qualifying M.Phil 2 marks` `2. Non qualifying Ph.D 4 marks` `3. Both M.Phil and Ph.D (non qualifying)5 marks` `4. Post Doctoral Degree 5 marks` - `(b) For Ranked Lists prepared on the basis of interview alone:` ``` Percentage of Academic Marks + Interview Marks out of 20+ 10 marks as Weightage as detailed above. ``` ``` (vii) For posts for which three year Diploma is a qualification and selection is made on the basis of interview along and the selection criteria are marks for the qualifying test + Interview Marks out of 20, the marks of the second and third year alone need to be taken into account for calculating the marks of the qualifying test. (Circular 2/2005) ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:7:- ``` (viii) In cases where the selection is to be finalised on the basis of written test, practical test and interview, the basis of marking will be marks for the written test + Grade Mark for the Practical test + Interview mark out of 25. ``` ``` Note: 1. While calculating the percentage of academic marks, fractions should not be rounded off. ``` ``` 2. Percentage of marks is to be calculated on the basis of the aggregate marks of the whole examination leading to the Post Graduate Degree/ Professional Degree. ``` ``` 3. As only credit is given for the percentage of academic marks, the Sessional/Internal Assessment Marks also will be reckoned. ``` ``` 4. While applying the norms in respect of teaching posts in the Training Colleges, the percentage of marks will be calculated on the basis of the aggregate marks secured in the M.Ed. Degree Examination. ``` ``` (ix) While calculating the percentage of Marks in respect of optional subjects for the preparation of Ranked Lists for selection to the post of High School Assistants, the percentage of marks for main subjects as well as subsidiary subjects shall also be taken into account. ``` ``` (x) In the case of selection to the post of High School Assistant (Languages) if the Ranked List is to be finalised on the basis of interview alone the basis of marking for interview in such cases will be as follows: ``` ``` (a) Interview : 100 Marks ``` ``` (b) P. G. (M. A.) in the Subject I Class : 10 Marks II Class : 5 Marks (c) M.Ed. : 5 Marks ``` ## **`(No extra marks for Class)`** ``` Note:- No weightage marks for the qualification viz., Graduation + B. Ed. or Title of Oriental Learning + L. T. T. will be awarded. Weightage for Post Graduation need be given only if the optional subject for Graduation as well as Post Graduation is same. ``` ## OP(KAT) Nos.239/2023 & 247/2023 ## -:8:- ``` 3.In the light of notification, selection consists of written test and interview. (para 339(1) is applicable in these cases) As seen from the above paragraph of the manual, the selection to the post is finalized by written test and interview; the basis of ranking in such cases shall be the marks for the written test plus the marks for the interview. The maximum marks for the interview is fixed at 20% of the written test. It is seen from Annexure A5 produced before the Kerala Administrative Tribunal that this method was followed for awarding marks for preparing rank list for the past recruitments. ``` ``` 4. The PSC, in a decision taken on 16/8/2021, decided that the basis of marking for the post will be calculated as per the percentage of marks obtained in the descriptive test combined with interview marks out of 20. ``` ``` 5. On 23/6/2022, PSC published the rank list. Based on the decision of the PSC taken on 16/8/2021, the marks of Prasad P.S., who approached the Kerala Administrative Tribunal and Reshma M.Raj, who was impleaded subsequently, are as follows: ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:9:- |||||| |---|---|---|---|---| |`1)Prasad P.S`<br>`(Reg No.`<br>`500122)`|`Marks`<br>`Obtained in`<br>`written test`|`2)Reshma M`<br>`Raj`<br>`(Reg.No.`<br>`500037)`|`Marks`<br>`obtained in`<br>`written Test`|`Total marks`| |`General`<br>`Knowledge`|`16.00`|`General`<br>`Knowledge`|`15.75`|`100`| |`English`|`56.50`|`English`|`65.00`|`100`| |`Forestry`|`128.50`|`Forestry`|`110.25`|`200`| |`Environmental`<br>`Science`|`94.25`|`Environmental`<br>`Science`|`80.50`|`200`| |`Total`|`295.25`|`Total`|`271.50`|`600`| |`Percentage of marks in`<br>`written examination`<br>`49.2083`||`Percentage of marks in written`<br>`examination 45.25`||| ``` 6. In the interview, Prasad P.S. got 11 marks, Reshma M. Raj got 13 marks. Based on the details of weightage given as per the manual, Reshma M.Raj got 5 marks and Prasad P.S. got 2 marks. ``` ## OP(KAT) Nos.239/2023 & 247/2023 ## -:10:- ||| |---|---| |`Marks reckoned as per the`<br>`manual:`|`Marks reckoned as per the`<br>`decision of PSC, dated`<br>`16/8/2021:`| |`Prasad:`<br>`295.25 + 11 + 2 = 308.25`|`Prasad:`<br>`49.2083 + 11 + 2 = 62.2083`| |`Reshma M. Raj:`<br>`271.50 + 13 + 5 = 289.50`|`Reshma M. Raj:`<br>`45.25 + 13 + 5 = 63.25`| ``` 7. If the marks are reckoned as per the manual, Prasad P.S. will have a higher rank than Reshma M.Raj. If the marks are reckoned as per PSC decision, Prasad's rank will be lower to Reshma M.Raj. ``` ``` 8. Prasad P.S. approached the Kerala Administrative Tribunal. The Administrative Tribunal noted that the decision taken by the PSC to reckon marks on the basis of percentage, was fixed after the issuance of notification and during the midway of selection process. Accordingly, ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:11:- ``` Tribunal allowed the petition filed by Prasad striking out the conversion of marks reckoned in the written test in percentage. ``` ``` 9. This is questioned in the O.P.(KAT) No.239/2023 by Reshma M. Raj and Public Service Commission in O.P.(KAT) No.247/2023 invoking Article 226 and 227 of the Constitution. ``` ``` 10. Heard the learned standing Counsel for PSC Shri P.C.Sasidharan and learned counsel Shri V.Varghese appearing for Reshma M.Raj in both the cases so also learned counsel Shri Elvin Peter P.J. appearing for Prasad P.S. in both the cases. ``` ``` 11. The learned Standing Counsel for PSC placing reliance on the judgments of the Apex Court in State of Uttar Pradesh v. Karunesh Kumar & Ors. [AIR 2023 SC 52], State of Uttar Pradesh & Others v. Atul Kumar Dwivedi & Ors. [AIR 2022 SC 973], judgment of the Division Bench of this Court in Sajan J. Menon v.State of Kerala and Others [2007 (3) KHC 724] and the judgment of the learned Single Judge in W.P.(C).No.30266/2009, argued that the written examination was conducted for a total of 600 marks and the interview was for 20 marks. According to the learned ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:12:- ``` Counsel, the maximum marks that can be awarded for the interview is 20% of the written test and in view of the fact that the interview was conducted only for 20 marks, PSC decided to convert marks obtained in the written test to percentage. According to the learned Standing Counsel, no arbitrariness was involved in this procedure as it was only a method of standardization of the different components for awarding marks. It is further submitted that the PSC manual is only a guidance and the decision taken by the PSC is not in violation of the manual but with a view to ensure that different components in awarding marks are converted to percentage to weed out arbitrariness. ``` ``` 12. Similar arguments are raised by Shri V. Varghese. According to him, para.302 of the manual refers to the percentage of the marks to be given as a weightage for NCC certificate holders. Therefore, the only possible standardization of the marks is converting marks obtained into percentage. It is submitted that criteria is applied uniformly to all candidates and, therefore, it does not suffer from any infirmity. ``` ``` 13. On the other hand, the learned counsel Shri Elvin Peter appearing for the respondent-Prasad P.S., submitted that the ``` ## OP(KAT) Nos.239/2023 & 247/2023 ## -:13:- ``` notification was issued in the year 2019 and the decision was taken by the PSC only in the year 2021, after the commencement of the selection process to change the criteria of selection process. Placing reliance on Annexure-A5 past rank list produced by Prasad P.S. before the Tribunal, the learned counsel submitted that if the PSC wants to change the consistent practice adopted for the basis of marking, that ought to have been declared at the time of publication of the notification. ``` ``` 14. Admittedly, the PSC had taken the decision to change the criteria of awarding marks only after issuing the notification. ``` ``` 15. The Division Bench of this Court in Sreekumar v. Travancore Devaswom Board [1993 (1) KLT 740] had held that the method of selection has to be determined at the time of notification and cannot be altered after the issuance of notification. ``` ``` 16. It is a settled proposition of law that predetermined criteria will have to be followed for selecting candidates based on the notification. {See the judgment of the Apex Court in Sureshkumar ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:14:- ``` Lalitkumar Patel v. State of Gujarat [2023 (4) KLT SN.5 (C.NO.5) SC] and K.Manjusree v. State of Andhra Pradesh and another [(2008) 3 SCC 512]} ``` ``` 17. The judgment relied upon by the learned Standing Counsel for the PSC, mentioned as above, does not indicate any proposition of law that after issuing notification, selection criteria can be changed. It is to be noted that if the PSC wants to change the method of calculation of total marks in consistent with the manual, they are free to do so. But that ought to have been taken prior to issuance of the notification. PSC has no case that the method of calculation of marks and Annexure A5 produced before the Tribunal was erroneous. Under para.339 of the manual, what is prescribed is the ceiling of maximum marks for the interview by fixing 20% of the written test. If the marks have been calculated to 20, that cannot be said to be irregular though interview marks could have been fixed at 120 taking note of the percentage of marks in para.339. It is obvious from para.339 of the manual that the basis of ranking is the total marks of written test plus the marks in interview. If PSC had decided to award the marks at 20 instead of 120, it was within its power It is apparent that PSC now adopted the conversion of marks in the ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:15:- ``` written test to percentage, to overcome the fact that maximum marks awarded in the interview was fixed as 20. The manual has to be treated as part of the notification. If different criteria are not fixed in advance, the PSC cannot deviate from the stipulation in the Manual. Especially, when it is pointed out that the same method of awarding marks as per the Manual has been followed by PSC previously, ``` ``` 18. Going by the order of the Tribunal, we find no reason to interfere with the same. The original petitions fail and are accordingly dismissed. ``` ``` Sd/- ``` ## **`A.MUHAMED MUSTAQUE, JUDGE`** ``` Sd/- ``` ## **`SOPHY THOMAS, JUDGE`** ``` ms ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:16:- ## **`APPENDIX OF OP(KAT) 239/2023`** |`PETITIONER ANNEXURES`|| |---|---| |`Annexure-A1`|`TRUE COPY OF THE COMMUNITY CERTIFICATE`| ||`ISSUED BY THE CHALAKUDY TALUK OFFICE DATED`| ||`03.07.2019.`| |`Annexure-A2`|`TRUE COPY OF THE NOTIFICATION ISSUED BY THE`| ||`2ND RESPONDENT IN THE GAZETTE DATED`| ||`11.12.2019, CATEGORY NO.330/2019`| |`Annexure-A3`|`TRUE COPY OF THE MEMO NO.SR2-3/50028/2018-`| ||`KPSC DATED 25.04.2022 ISSUED BY THE 2ND`| ||`RESPONDENT INVITING THE APPLICANT TO APPEAR`| ||`FOR THE INTERVIEW.`| |`Annexure-A4`|`TRUE COPY OF THE RANKED LIST NO.309/2022/SS`| ||`IV, CAT. NO.330/2019 PUBLISHED BY THE 3RD`| ||`RESPONDENT WITH EFFECT FROM 23.06.2022.`| |`Annexure-A5`|`TRUE COPY OF THE RANKED LIST`| ||`NO.39/2021/SSVI, CAT. NO.544/2017 PUBLISHED`| ||`BY THE 2ND RESPONDENT FOR APPOINTMENT TO`| ||`THE POST OF RANGE FOREST OFFICER IN THE`| ||`KERALA FOREST DEPARTMENT WHICH WAS BROUGHT`| ||`INTO FORCE WITH EFFECT FROM 28.01.2021.`| |`Annexure-A6`|`TRUE COPY OF THE RELEVANT PAGES OF THE`| ||`KERALA PUBLIC SERVICE COMMISSION OFFICE`| ||`MANUAL.`| |`Annexure-R3(a)`|`TRUE COPY OF THE RANKED LIST FOR THE POST`| ||`OF RANGE FOREST OFFICER (CATEGORY NO.190/`| ||`2016) BROUGHT INTO FORCE W.E.F. 23.06.2022`| ||`ISSUED BY THE PSC.`| |`Annexure-R3(b)`|`TRUE COPY OF THE APPOINTMENT CHART`| ||`PUBLISHED BY THE PSC IN RELATION TO`| ||`CATEGORY NO.190/2016.`| |`Annexure-R3(c)`|`TRUE COPY OF THE ADVICE MEMO NO.SR2-`| ||`3/50028/2018-KPSC DATED 25.07.2022 ISSUED`| ||`BY THE PSC TO THE 3RD RESPONDENT.`| OP(KAT) Nos.239/2023 & 247/2023 ## -:17:- ## **`APPENDIX OF OP(KAT) 239/2023`** ``` Annexure-R3(d) TRUE COPY OF THE APPOINTMENT CHART PUBLISHED BY THE PSC IN RELATION TO CATEGORY NO.330/2019. Annexure-R3(e)TRUE COPY OF THE LETTER NO.4- 917/TRG.II/DFT-2022/2931-34 DATED 21.10.2022 OF THE DIRECTOR OF FOREST EDUCATION, GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE. Annexure-A7TRUE COPY OF THE JUDGMENT DATED 05.01.2023 IN O.P.(KAT)NO.1 OF 2013 OF THE HON'BLE HIGH COURT OF KERALA Exhibit-P1TRUE COPY OF O.A.(EKM)NO.1082/2022 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM. Exhibit-P2TRUE COPY OF THE INTERIM ORDER DATED 25.07.2022 IN EXT.P1 O.A. Exhibit-P3TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENT NO.2 IN EXT.P1 O.A. Exhibit-P4TRUE COPY OF THE REPLY STATEMENT OF THE 3RD RESPONDENT IN EXT.P1 O.A. Exhibit-P5TRUE COPY OF THE M.A.(EKM) NO.2192/2022 IN EXT.P1 O.A. Exhibit-P6: TRUE COPY OF THE REJOINDER STATEMENT FILED BY THE APPLICANT AGAINST THE REPLY STATEMENT FILED BY RESPONDENTS 2 AND 3 IN EXT.P1 O.A. Exhibit-P7TRUE COPY OF THE INTERIM ORDER DATED 14.12.2022 IN EXT.P1 O.A. Exhibit-P8TRUE COPY OF THE M.A.(EKM) NO.156/2023 IN EXT.P1 O.A. ``` OP(KAT) Nos.239/2023 & 247/2023 -:18:- ## **`APPENDIX OF OP(KAT) 239/2023`** ``` Exhibit-P9 ``` ``` TRUE COPY OF THE FINAL ORDER DATED 13.03.2023 IN O.A.(EKM)1082/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL. ``` OP(KAT) Nos.239/2023 & 247/2023 ## -:19:- ## **`APPENDIX OF OP(KAT) 247/2023`** |`PETITIONER ANNEXURES`|| |---|---| |`Annexure A1`|`TRUE COPY OF THE COMMUNITY CERTIFICATE`| ||`ISSUED BY THE CHALAKUDY TALUK OFFICE DATED`| ||`03.07.2019.`| |`Annexure A2`|`TRUE COPY OF THE NOTIFICATION ISSUED BY THE`| ||`2ND RESPONDENT IN THE GAZETTE DATED`| ||`11.12.2019, CATEGORY NO.330/2019`| |`Annexure A3`|`TRUE COPY OF THE MEMO NO.SR2-3/50028/2018-`| ||`KPSC DATED 25.04.2022 ISSUED BY THE 2ND`| ||`RESPONDENT INVITING THE APPLICANT TO APPEAR`| ||`FOR THE INTERVIEW.`| |`Annexure A4`|`TRUE COPY OF THE RANKED LIST NO.309/2022/SS`| ||`IV, CAT. NO.330/2019 PUBLISHED BY THE 3RD`| ||`RESPONDENT WITH EFFECT FROM 23.06.2022.`| |`Annexure A5`|`TRUE COPY OF THE RANKED LIST`| ||`NO.39/2021/SSVI, CAT. NO.544/2017 PUBLISHED`| ||`BY THE 2ND RESPONDENT FOR APPOINTMENT TO`| ||`THE POST OF RANGE FOREST OFFICER IN THE`| ||`KERALA FOREST DEPARTMENT WHICH WAS BROUGHT`| ||`INTO FORCE WITH EFFECT FROM 28.01.2021.`| |`Annexure A6`|`TRUE COPY OF THE RELEVANT PAGES OF THE`| ||`KERALA PUBLIC SERVICE COMMISSION OFFICE`| ||`MANUAL.`| |`Annexure R3(a)`|`TRUE COPY OF THE RANKED LIST FOR THE POST`| ||`OF RANGE FOREST OFFICER (CATEGORY NO.190/`| ||`2016) BROUGHT INTO FORCE W.E.F. 23.06.2022`| ||`ISSUED BY THE PSC.`| |`Annexure R3(b)`|`TRUE COPY OF THE APPOINTMENT CHART`| ||`PUBLISHED BY THE PSC IN RELATION TO`| ||`CATEGORY NO.190/2016.`| |`Annexure R3(c)`|`TRUE COPY OF THE ADVICE MEMO NO.SR2-`| ||`3/50028/2018-KPSC DATED 25.07.2022 ISSUED`| ||`BY THE PSC TO THE 3RD RESPONDENT.`| OP(KAT) Nos.239/2023 & 247/2023 ## -:20:- ## **`APPENDIX OF OP(KAT) 247/2023`** - `Annexure R3(d) TRUE COPY OF THE APPOINTMENT CHART PUBLISHED BY THE PSC IN RELATION TO CATEGORY NO.330/2019.` - `Annexure R3(e) TRUE COPY OF THE LETTER NO.4917/TRG.II/DFT-2022/2931-34 DATED 21.10.2022 OF THE DIRECTOR OF FOREST EDUCATION, GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE.` - `Annexure A7 TRUE COPY OF THE JUDGMENT DATED 05.01.2023 IN O.P.(KAT)NO.1 OF 2023 OF THE HON'BLE HIGH COURT OF KERALA` - `Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION (OA EKM NO. 1082/2022) FILED BEFORE THE TRIBUNAL` - `Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT DATED 5/12/2022 FILED IN OA EKM NO. 1082/2022 BY THE 2ND RESPONDENT` ``` Exhibit P3THE TRUE COPY OF THE REPLY STATEMENT DATED 5/12/2022 FILED BY THE THIRD RESPONDENT IN OA EKM 1082/2022 Exhibit P4THE TRUE COPY OF THE REJOINDER DATED 12/12/2022 FILED BY THE APPLICANT IN ORIGINAL APPLICATION Exhibit P5TRUE COPY OF THE MISCELLANEOUS APPLICATION (MA EKM NO.. 156/2023) IN OA Exhibit P6TRUE COPY OF THE FINAL ORDER DATED 13.03.2023 IN O.A.(EKM)1082/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL. ```