WA NO. 1845 OF 2023
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**IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN**
**&**
**THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR TUESDAY, THE 14[TH] DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945 WA NO. 1845 OF 2023**
**AGAINST THE JUDGMENT IN WP(C) 16750/2023 OF HIGH COURT OF**
## **KERALA**
## **APPELLANTS:**
RINU M ROY AGED 29 YEARS MATTAPPILLY HOUSE, ASAMANNOOR P.O., CHERUKUNNAM, ERANAKULAM DIST., PIN - 683549
BY ADVS. P.T.DINESH ANJU DIVAKAR
## **RESPONDENTS:**
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE CHAIRMAN KERALA STATE POLLUTION CONTROL BOARD, PLAMOOD, THEKKAMOODU ROAD, PATTOM, THIRUVANANTHAPURAM., PIN – 695004 3 THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM., PIN - 695004
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4 KERALA PUBLIC SERVICE COMMISSION REGIONAL OFFICE RAILWAY STATION, 4TH FLOOR, EASTERN ENTRY, KARSHAKA ROAD, ERNAKULAM SOUTH., PIN - 682016 5 RINCY RAJU "PRISE VILLA", PANAYAM P.O., KOLLAM DISTRICT., PIN - 691601
## **OTHER PRESENT:**
SRI.T.NAVEEN-SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON 14.11.2023 DELIVERED THE FOLLOWING:
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## **ANU SIVARAMAN, J. & C.PRATHEEP KUMAR, J.**
**= = = = = = = = = = = = = = = = = = = W.A.No.1845 of 2023**
**= = = = = = = = = = = = = = = = = = = Dated this the 14th day of November, 2023**
## **JUDGMENT**
## **Anu Sivaraman J.**
1. The issue that arises for consideration in this appeal is with regard to the contention of the appellant that her request for consideration of application under the EWS quota ought to have been considered even though her application was admittedly under the general category.
2. Heard the learned counsel appearing for the appellant, the learned Government Pleader as well as the learned standing counsel appearing for the Kerala State Pollution Control Board and the Kerala Public Service Commission.
3. The appellant, who is the writ petitioner, was an applicant for the post of Assistant Engineer in the Kerala State Pollution Control Board. Exhibit P1 was the notification. In Exhibit P2 application,
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the petitioner applied as a general candidate. However, it is contended that she obtained certificates to show that she is entitled to the EWS reservation and had produced all such documents before the respondents. It is contended that even though the request was made by the petitioner before the PSC pointing out all these aspects, as evidenced by Exhibit P12 dated 8.5.2023, the same has not been considered and the petitioner is included in the ranked list, as evidenced by Exhibit P11 only in the general category.
4. The learned single Judge, after considering the contentions on both sides, held that since the petitioner had not sought reservation under EWS category in Exhibit P2 application, her production of documents and later representation can have absolutely no effect in the selection in question and also held that she can apply the EWS category in subsequent selections.
5. The learned counsel for the appellant would contend that it was only due to the prevailing Covid pandemic scenario and the resultant lockdowns that the appellant submitted the application in the general category. It is contended that the non-mentioning of the reservation category in the application was only an error committed
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by the appellant and relies on the decisions of this Court in **Kuriakose v. State of Kerala and others** [1984 KHC 373] and **Manoj Kumar v. KPSC** [1999 KHC 372] to contend that the PSC had the power to permit such minor corrections. It is, therefore, contented that the rejection of the prayer made by the petitioner in the writ petition was unjustified.
6. The learned counsel appearing for the PSC contended that the question in the instant case was not with regard to correction of any minor error and that the petitioner, who had applied specifically in the general category, as evidenced by Exhibit P11, could not claim the benefit of the EWS reservation on any of the grounds as mentioned in the writ petition. It is submitted that the selection involved a large number of aspirant and that a ranked list had been brought into force after completing due procedure on 5.5.2023 and that there were several candidates included in the same. Further, it is contended that in case the claim of the petitioner is accepted, there would be several persons, who were entitled to apply in the EWS category but did not so apply, would also have to be considered on the basis of the contentions raised in the writ petition.
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7. Having considered the contentions advanced, we notice that Exhibit
P1 notification was one issued on 30.4.2021. The said notification specifically included provisions for reservation under the EWS category. Even in case the petitioner had not obtained the certificates, she could have made the application under the EWS category and sought time for production of the documents. She chose not to do so and applied only in the general category. The claim as to reservation to be made in an application is not a “minor error” or defect which is liable to be rectified at the time of consideration of the application. The application submitted in response to a notification for appointment is liable to be considered on the claims made therein. The applicant having applied under the general category could not thereafter have raised a claim for consideration under any reserved category. The production by her of certificates evidencing her claim for reservation would therefore be of no consequence, since her application is in the general category and can be considered only as such.
8. It is clear that the procedure for selection was completed and a ranked list was published on 05.05.2023. It is thereafter that the petitioner has submitted Exhibit P12 representation seeking her inclusion as an EWS candidate. The reasons stated by the
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petitioner for the failure to apply for the benefit of EWS reservation are not matters that this Court can take note of. The notification is common to all candidates and it is evident from the ranked list, which is produced along with the writ petition itself, that there are several EWS candidates included in the list which would go to show that the contentions raised by the petitioner are absolutely untenable. We find absolutely no error of facts or law in the judgment of the learned single Judge which requires interference by this Court in exercise of this appellate jurisdiction. The writ appeal fails and the same is accordingly dismissed.
sd/- **Anu Sivaraman, Judge** sd/- **C.Pratheep Kumar, Judge**
sj30/10
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## **APPENDIX OF WA 1845/2023**
## PETITIONER ANNEXURES
|Annexure-A1|TRUE COPY OF THE OFFICE MEMORANDUM|
|---|---|
||F.NO. 20013/01/2018-BC-II DATED|
||17.01.2019 BY THE JOINT SECRETARY TO|
||THE GOVERNMENT OF INDIA, MINISTRY OF|
||SOCIAL JUSTICE AND EMPOWERMENT,|
||DEPARTMENT OF SOCIAL JUSTICE AND|
||EMPOWERMENT, GOVERNMENT OF INDIA|
|Annexure-A2|TRUE COPY OF THE OFFICE MEMORANDUM|
||F.NO. 36039/1/2019-ESTT (RES) DATED|
||19.01.2019 BY THE JOINT SECRETARY TO|
||THE GOVERNMENT OF INDIA, MINISTRY OF|
||PERSONNEL, PUBLIC GRIEVANCES &|
||PENSIONS, DEPARTMENT OF PERSONNEL AND|
||TRAINING, GOVERNMENT OF INDIA ALONG|
||WITH THE FORMAT.|
|Annexure-A3|TRUE COPY OF THE OFFICE MEMORANDUM NO.|
||36039/1/2019-ESTT (RES) DATED|
||31.01.2019 BY THE DIRECTOR, MINISTRY OF|
||PERSONNEL, PUBLIC GRIEVANCES &|
||PENSIONS, DEPARTMENT OF PERSONNEL &|
||TRAINING, GOVERNMENT OF INDIA|
|Annexure-A4|TRUE COPY OF THE G.O.(MS) NO.|
||52/2019/GAD DATED 14.03.2019 BY THE|
||PRINCIPAL SECRETARY, GENERAL|
||ADMINISTRATION (CO-ORDINATION)|
||DEPARTMENT, GOVERNMENT OF KERALA ALONG|
||WITH THE APPENDIX|
|Annexure-A5|TRUE COPY OF THE G.O.(P) NO.|
||1/2020/P&ARD DATED 03.01.2020 ISSUED BY|
||THE SECRETARY, PERSONNEL AND|
||ADMINISTRATIVE REFORMS (RULES)|
||DEPARTMENT|
|WA NO. 1845 OF 2023|9|
|---|---|
|Annexure-A6|TRUE COPY OF THE SRO NO. 733/2020|
||ISSUED AS PER G.O.(P) NO. 14/2020/P&ARD|
||DATED 23.10.2020 BY THE ADDITIONAL|
||CHIEF SECRETARY TO GOVERNMENT,|
||PERSONNEL AND ADMINISTRATIVE REFORMS|
||(RULES) DEPARTMENT, GOVERNMENT OF|
||KERALA ALONG WITH THE EXPLANATORY NOTE|
|Annexure-A7|TRUE COPY OF THE G.O.(MS)|
||NO.114/2021/GAD DATED 03.06.2021 BY THE|
||PRINCIPAL SECRETARY, GENERAL|
||ADMINISTRATION (CO-ORDINATION|
||DEPARTMENT), GOVERNMENT OF KERALA|
|Annexure-A8|TRUE COPY OF THE DISCHARGE SUMMARY|
||DATED 16.11.2020 ISSUED BY LITTLE|
||FLOWER HOSPITAL AND RESEARCH CENTRE,|
||ANGAMALY|
|Annexure-A9|TRUE COPY OF THE CERTIFICATE DATED|
||03.10.2023 ISSUED BY DR.SHINE KURIAN,|
||CONSULTANT ORTHOPEDIC SURGEON,|
||VATHIYAYATH HOSPITAL, PERUMBAVOOR.|
|Annexure-A10|TRUE COPY OF THE G.O (RT) NO.|
||375/2021/DMD DATED 19.04.2021 BY THE|
||CHIEF SECRETARY, DISASTER MANAGEMENT|
||(A) DEPARTMENT, GOVERNMENT OF KERALA|
|Annexure-A11|TRUE COPY OF THE PRESS RELEASE BY THE|
||KERALA PUBLIC SERVICE COMMISSION|
||PUBLISHED IN THE OFFICIAL WEBSITE|
|Annexure-A12|TRUE COPY OF THE APPOINTMENT CHART|
||NUMBER R1B(1) 3214/23/GW DATED|
||01.09.2023 BY SECRETARY, KERALA PUBLIC|
||SERVICE COMMISSION.|
