Sanjai A.T. v. State of Kerala and Others

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 ``` ``` OP(KAT) NO.455OF 2023 ``` ``` AGAINST THE ORDER DATED 24.08.2023 IN O.A.NO.706/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ``` --------- ``` ## **`PETITIONER:`** ``` SANJAI A.T., AGED 38 YEARS, S/O.THANKAPPAN A.P., ANDIKOTE (H), EDAKULAM P.O., IRINJALAKKUDA, THRISSUR, PIN – 680688. BY ADVS. A.ARUNA JISHA SHAJI ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695001. ``` - **`2 DIRECTOR OF URBAN AFFAIRS, LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR(P.O.) THIRUVANANTHAPURAM, PIN – 695003.`** ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` -:2:- ## **`OP(KAT) NO.455 OF 2023`** - **`3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION OFFICE, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695004.`** - **`4 THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN – 695004.`** - **`5 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD, PIN – 678001.`** - **`6 ANITHA A., D/O.ANU, AGED 33 YEARS, PANANKAD HOUSE, KALYAN PETTA, KANNIMARI P.O., CHITTUR, PALAKKAD, PIN – 678534.`** - **`7 ROHINI P.P., D/O.KRISHNAN, AGED 31 YEARS, PALLISSERI PARAMPIL HOUSE, ANAKARA, PALAKKAD, PIN – 679551. BY ADVS.`** ``` SAIJO HASSAN GIRIJA K GOPAL K.N.VIGY(K/902/1998) BENOJ C AUGUSTIN(K/189/2004.) RAFEEK. V.K.(K/134/2003) U.M.HASSAN(K/00033/2016) AATHIRA SUNNY(K/000638/2018) SMT.VINITHA B., SENIOR GOVERNMENT PLEADER SRI.P.C.SASIDHARAN, STANDING COUNSEL ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.02.2024, ALONG WITH OP(KAT).458/2023, 459/2023 AND CONNECTED CASES, THE COURT ON 14.02.2024 DELIVERED THE FOLLOWING: ``` ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` -:3:- ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 ``` ``` OP(KAT) NO.458 OF 2023 ``` ``` AGAINST THE ORDER DATED 13.10.2022 IN O.A.NO.565/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM RA 24/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ``` ------- ``` ## **`PETITIONER:`** ``` SANJAI A.T., AGED 38 YEARS, S/O.THANKAPPAN A.P., ANDIKOTE (H), EDAKULAM P.O., IRINJALAKKUDA, THRISSUR, PIN – 680688. BY ADVS. A.ARUNA JISHA SHAJI ``` ## **`RESPONDENTS:`** ``` 1RAJESH KUMAR O.V., AGED 31 YEARS, S/O.VASUDEVAN K., ORIKKOMPIL HOUSE, VARYAPURAM, ELANTHOOR EAST P.O., PATHANAMTHITTA DISTRICT, PIN – 689643. ``` ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` -:4:- ## **`OP(KAT) NO.458 OF 2023`** - **`2 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KPSC OFFICE, PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN – 695004.`** - **`3 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA, PIN – 698645.`** - **`4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.`** - **`5 THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.`** - **`6 THE DIRECTOR, DIRECTORATE OF INDUSTRIAL TRAINING, LABOUR BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA, PIN – 695033. BY SMT.VINITHA B., SENIOR GOVERNMENT PLEADER SRI.P.C.SASIDHARAN, STANDING COUNSEL`** ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.02.2024, ALONG WITH OP(KAT).455/2023 AND CONNECTED CASES, THE COURT ON 14.02.2024 DELIVERED THE FOLLOWING: ``` ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` -:5:- ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` **==> picture [8 x 8] intentionally omitted <==** ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 ``` ``` OP(KAT) NO. 459OF 2023 ``` ``` AGAINST THE ORDER DATED 13.10.2022 IN O.A.NO.293/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM RA 23/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, ``` ``` THIRUVANANTHAPURAM ``` ``` --------- ``` ``` PETITIONER: ``` ``` SANJAI A.T., AGED 38 YEARS, S/O.THANKAPPAN A.P., ANDIKOTE (H), EDAKULAM P.O., IRINJALAKKUDA, THRISSUR, PIN – 680688. BY ADVS. A.ARUNA JISHA SHAJI ``` **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** -:6:- ## **`OP(KAT) NO. 459 OF 2023`** ## **`RESPONDENTS:`** - **`1 VISHNU BALAN, AGED 25 YEARS, S/O.LATE K.BALAKRISHNAN, CHARIVU KALAYIL HOUSE, KALLEIL P.O., PATHANAMTHITTA, KERALA, PIN – 689691.`** - **`2 ANILA O.K., D/O.KUTTAPPAN O.U., AGED 29 YEARS, OLIPPADVIL HOUSE, PURATHUR P.O., TIRUR, MALAPPURAM DISTRICT, PIN – 676102.`** - **`3 VANI K., D/O.KAMALASANAM, AGED 33 YEARS, S.V.SADANAM, THUMPAMON P.O., PATHANAMTHITTA, KERALA, PIN – 689502.`** - **`4 ANITHA A., AGED 29 YEARS, D/O.ANU K., PANANKAD HOUSE, KALYAN PETTA, KANNIMARI P.O., CHITTUR, PALAKKAD DISTRICT, PIN – 678534.`** - **`5 ROHINI P.P., AGED 27 YEARS, D/O.KRISHNAN, PALLISSERI PARAMPIL HOUSE, ANAKARA P.O., PALAKKAD, KERALA, PIN – 679551.`** - **`6 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KPSC OFFICE, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695004.`** - **`7 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM, PIN – 682001.`** - **`8 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA, PIN – 698645.`** - **`9 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR, PIN – 680004.`** - **`10 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM, PIN - 676505`** - **`11 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.`** - **`12 THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.`** ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` ## -:7:- ## **`OP(KAT) NO. 459 OF 2023`** - **`13 THE DIRECTOR, DIRECTORATE OF INDUSTRIAL TRAINING, LABOUR BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN – 695033.`** ``` 14THE DIRECTOR, DIRECTORATE OF INDUSTRIAL TRAINING, LABOUR BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN – 695033. BY ADVS. SAIJO HASSAN GIRIJA K GOPAL K.N.VIGY(K/902/1998) BENOJ C AUGUSTIN(K/189/2004.) RAFEEK. V.K.(K/134/2003) U.M.HASSAN(K/00033/2016) AATHIRA SUNNY(K/000638/2018) ``` ``` SMT.VINITHA B., SENIOR GOVERNMENT PLEADER SRI.P.C.SASIDHARAN, STANDING COUNSEL ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.02.2024, ALONG WITH OP(KAT).455/2023 AND CONNECTED CASES, THE COURT ON 14.02.2024 DELIVERED THE FOLLOWING: ``` ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` -:8:- ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` WEDNESDAY, THE 14[TH] DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 ``` ``` OP(KAT) NO. 461 OF 2023 ``` ``` AGAINST THE ORDER DATED 24.08.2023 IN O.A.NO.225/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ``` ------- ``` ## **`PETITIONER:`** ``` SANJAI A.T., AGED 38 YEARS, S/O.THANKAPPAN A.P. ANDIKOTE (H), EDAKULAM P.O, IRINJALAKKUDA, THRISSUR, PIN – 680688. BY ADVS. A.ARUNA JISHA SHAJI ``` ## **`RESPONDENTS:`** ``` 1ANITHA A., AGED 33 YEARS, D/O.ANU, PANANKAD HOUSE, KALYAN PETTA, KANNIMARI P.O., CHITTUR, PALAKKAD, PIN – 678534. ``` ``` 2ROHINI P.P., AGED 31 YEARS, PALLISSERI PARAMPIL HOUSE, ANAKARA, PALAKKAD, PIN – 679551. ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** -:9:- - **`OP(KAT) NO. 461 OF 2023`** - **`3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION OFFICE, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695004.`** - **`4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695001.`** - **`5 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD, PIN – 678001.`** - **`6 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, MALAPPURAM, PIN – 676505.`** - **`7 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR, PIN – 680020.`** - **`8 LISHA C GEORGE, AGED 37 YEARS, W/O BIJU FRANCIS.O., RESIDENT OF OLAKKENGIL HOUSE, MINNALLUR, THRISSUR, PIN – 680581.`** - **`9 ANOOP THOMAS, AGED 42 YEARS, S/O.THOMAS.M, RESIDENT OF PUTHUPARAMBIL HOUSE, THOTTUMUKKAM, KOZHIKODE, PIN - 673639`** - **`10 SANGEETHA SANKERDAS, AGED 40 YEARS, W/O.VISWABHARAN P.I., RESIDENT OF POLIYODETH HOUSE, KADAVALLOOR, THRISSUR, PIN – 680543.`** - **`11 BIJU S., AGED 44 YEARS, S/O. STANLEY.E, RESIDENT OF EABEN AZER, MARKKAMUTTAM, VAZHUTHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695121. BY ADVS.`** ``` SAIJO HASSAN GIRIJA K GOPAL K.N.VIGY(K/902/1998) BENOJ C AUGUSTIN(K/189/2004.) RAFEEK. V.K.(K/134/2003) U.M.HASSAN(K/00033/2016) AATHIRA SUNNY(K/000638/2018) ``` ``` SMT.VINITHA B., SENIOR GOVERNMENT PLEADER SRI.P.C.SASIDHARAN, STANDING COUNSEL ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.02.2024, ALONG WITH OP(KAT).455/2023 AND CONNECTED CASES, THE COURT ON 14.02.2024 DELIVERED THE FOLLOWING: ``` **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** -:10:- ``` A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ. ``` ``` ----------------------------------------- O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 “C.R.” ----------------------------------------- ``` ``` Dated this the 14[th] day of February, 2024 ``` ## **J U D G M E N T** ``` A.Muhamed Mustaque, J. ``` ``` In this batch of original petitions, we have to decide on a question that frequently arises before this court as to the legality of the executive orders of the Government declaring a qualification as an equivalent qualification specified for a post after the last date of receipt of application under the notification. ``` ``` 2. These original petitions are filed by candidates who are included in the rank list for the post of Junior Health Inspector Grade-II in Palakkad District. They applied pursuant to a notification dated 26/12/2014 issued by the Kerala Public ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:11:- ``` Service Commission (KPSC). They want to exclude candidates who have applied for the post without qualifications mentioned specifically in the notification. We are not referring to the facts in detail as we are only now deciding a few questions of law in this matter. The precise challenge in this case is regarding the inclusion of the candidates in select list pursuant to the government orders much long after a cut-off date for receipt of last date of application and also after the expiry of rank list declaring equivalency of qualification possessed by such candidates who have been now advised for appointment. ``` ``` 3. The prescribed qualification by KPSC is as follows: ``` ``` 1.S.S.L.C ``` ``` 2.Sanitary Inspectors' Certificate of Bombay or madras ``` ``` OR ``` ``` Health Inspectors' Certificate of Trivandrum Medical College. ``` ``` OR ``` ``` Sanitary Inspectors Certificate of All India institute of Local Self Goverament Bombay ``` ``` OR ``` ``` The certificate in Sanitary Inspectors' Course awarded by the National Council for Rural Higher Education. ``` ``` OR ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:12:- ``` Sanitary Inspectors' Training Course conducted by the Rural Institute, Thavannur. ``` ``` Note:- KS&SSR Part II Rule 10 (a) (ii) is applicable for selection to this post. ``` ``` (emphasis supplied) ``` ``` 4. Under Rule 10(a)(ii) of Part II, KS&SSR, the Government ``` ``` has power to declare a qualification as equivalent to a qualification specified for a post in a Special Rule or in an executive order. It is appropriate to refer to Rule 10. ``` ``` 10. Qualifications. [(a) (i) The educational or other qualifications, if any, required for a post shall be as specified in the Special Rules applicable to the service in which that post is included or as specified in the executive orders of Government in cases where Special Rules have not been issued for the post/service. ``` ``` (ii) Notwithstanding anything contained in these rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post, in the Special Rules or found acceptable by the Commission as per rule 13 (b) (i) of the said rules in cases where acceptance of equivalent qualifications is provided for in the rules and such of those qualifications which pre-suppose the acquisition of the lower qualification prescribed for the post, shall also be sufficient for the post. ``` ``` 5. In these cases, inclusion of candidates who have ``` ``` obtained trade certificates from the National Council for Vocational Training (NCVT) under Government of India and State Council for Vocational Training (SCVT) under the State Government ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** -:13:- ``` are under challenge. The Government issued these orders admittedly after the last date of receipt of application. Last date of receipt of application was on 28/1/2015. The Government on 5/7/2018 issued an executive order holding that the Health Sanitary Inspector Course Certificate issued by the State Council for vocational training is equivalent to the qualification required for the post of Junior Health Inspector in Municipal Common Service. This decision was taken pursuant to the direction ``` ``` issued by the Kerala Administrative Tribunal by its order in O.A.No.2654/2016 dated 16/8/2022. Rank list pursuant to the notification was published on 11/2/2020 and it already expired. ``` ``` 6. Thereafter, on 17/2/2023, the Government issued yet another executive order declaring that NCVT Trade Certificate is equivalent to the qualification prescribed for appointment to the post of Junior Health Inspector Grade II. We note that the Government as early as on 19/5/2007 declared that NCVT qualifications are equivalent to SCVT qualifications without reference to any posts. In that sense, the moment an SCVT certificate is declared as equivalent, it means that NCVT qualification is equivalent. ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:14:- ``` 7. Now we will come back to the legal question. In service law, the last date for receiving application in the notification is very significant as it sets fair room for the candidates to compete themselves. There may be a situation while special Rules were framed or executive orders issued prescribing qualifications for a post, the Government cannot envisage all equivalent qualifications. In order to overcome this, a provision was made in Rule 10(a)(ii) Part II KS&SSR as above. This provision gives authority to the Government to issue executive orders to declare certain qualifications equivalent to the qualification specified for that post. ``` ``` 8. A Division Bench in W.A.No.1236/2006 considered the matter of inclusion of a candidate with qualification M.A.(Sociology) in the rank list for the post of Welfare Officer Grade-II (Jails) Prison Department. The qualification for the post was Degree/Diploma in Social Services/Social Work from a recognised University/Institution. KPSC included candidates who had Sociology as well. In para 16 of the judgment it was held as follows: ``` ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` ## -:15:- ``` Exhibit P1 notification does not reveal such a decision or it does not invite applications from the qualifications. persons possessing equivalent Therefore, the decision to treat M.A. Sociology also as an equivalent qualification to consider the candidates with that qualification was a decision taken in hide by the PSC and without making it in public, SO that several others possessing similar qualification could apply. In such circumstances, the learned single Judge was perfectly justified to hold that such decision of the PSC, which was not mentioned in its notification and taken after the invitation of the applications, will offend the right of equality ofopportunity to similar candidates. The decision of the learned single Judge in that regard cannot be said to be faulty, to invite interference in an appeal. ``` ``` 9. The Apex Court in Praveen Kumar C.P v. Kerala Public ``` ``` Service Commission And Others (2021) 17 SCC 383 considered an issue treating a degree equivalent to the prescribed qualification notification and in para.26 held as follows: ``` ``` 26.Whether a G.O. would have prospective effect or relate back to an earlier date is a question which would have to be decided on the basis of text and tenor of the respective orders. The G.Os. which declared the appellants" degrees to be equivalent to those required as per the applicable notifications were not general orders but these two orders were person specific, relating to the two appellants. Once the G.Os. specifically declared that their BEd degrees were equivalent to the designated subject which formed part of the employment notification, the G.Os. in substance have to be interpreted as clarificatory in nature and these cannot be construed to have had elevated the status or position of the degree they already had after the declaration was made in the G.Os. The subject G.Os. only recognised an existing state of affairs so far as the nature ``` **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** -:16:- ``` of the degrees were concerned and did not create fresh value for the degrees which the appellants possessed. Though these equivalent orders were not in existence on the dates of issue of employment notifications, the G.Os. in substance recognise such status from the dates of obtaining such degrees. The f G.Os. do not reveal any intervening circumstances which could be construed to imply that the respective degrees acquired the equivalent status because of such circumstances occurring subsequent to grant of their BEd degrees. The aforesaid Notes to Clause 7 of the employment notifications postulated disclosure of the number and date of the orders on equivalence. But the G.Os. to which we have referred treat the equivalency to be operating on the dates of 9 obtaining such degrees. Thus, the defect, if any, on disclosure requirement, shall stand cured on issue of the University orders followed by the G.Os. The G.Os. also specify the context in which these were issued and refer to the appellants being included in the list of KPSC. This being the case, we do not think treating the appellants' degrees as equivalent to those required under the applicable notifications by the G.Os. issued in the year 2019 would result in change in the rules of the game midway. At best, it can be termed as interpreting the rules when the game was on, figuratively speaking. Such a course would, in our opinion, be permissible. For this reason, we do not consider it necessary to deal with the different authorities cited on the principle of "change in the rule of the game midway". We have opined that the appellants' degrees in BEd were equivalent to those required by the employment notifications and the equivalency orders were merely clarificatory in nature. For this reason, we do not think there was any fundamental breach of Notes (v) and (vi) of Clause 7 of the respective employment notifications in the cases of the appellants. ``` ``` 10. Treating a qualification as equivalent is the wisdom of the employer, the appointing authority. The wisdom of the appointing authority to treat a qualification as equivalent to ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:17:- ``` the qualification prescribed for the post in the notification cannot be questioned by the candidates who were aspirants for the post, except in cases where there is total lack of application of mind in recognizing such equivalency. According to us the question in this case purely falls within the four corners of the notification. The Note referred to in the notification is decisive in the matter. It is reproduced herewith for reference. ``` ``` Note:- KS&SSR Part II Rule 10 (a) (ii) is applicable for selection to this post. (emphasis supplied) ``` ``` 11. In the light of the note as above, any candidate who is possessing similar qualifications could apply for the post in anticipation of obtaining equivalency from the Government. It is for the Government to decide thereafter to consider whether the qualification is equivalent or not. That means, an open invitation is given to all candidates to apply for the post who feels that their qualification is equivalent. That itself is an equal opportunity given to all similarly situated candidates. The applicants who did not possess qualification prescribed in the notification did not make the application by ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:18:- ``` chance, but consciously believed that their qualification is equivalent to the qualification notified by KPSC. In the absence of note stipulating Rule 10(a)(ii) of Part II, KS&SSR, the candidates whose qualification has been declared as equivalent could not have been included in the rank list as it would amount to denial of opportunity to all others. That is exactly the law laid down in para.16 of the judgment in W.A.No.1236/2006. In the notification, if such a stipulation was not made, PSC could not have accepted the application from a fortuitous applicant and equivalency given by the government to such candidates after the last date of receipt of application prescribed in the notification cannot find a place in the rank list. ``` ``` Therefore, the law is clear. If KPSC stipulates that Part II Rule 10(a)(ii) of KS&SSR would apply in such notification, it means that all candidates who do not possess the prescribed qualification can be considered for inclusion in the list on obtaining declaration as to the equivalency by the Government subsequently and they cannot be excluded stating that the equivalency was granted long after the last date prescribed for receiving application or after the publication of the rank ``` ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` -:19:- ``` list. In such circumstances, we are of the view that in the light of the clear stipulation in the notification, based on subsequent declaration of equivalency by the Government, KPSC rightly included the candidates who possessed NCTV or SCVT in the rank list and select list. That cannot be said to be illegal. Accordingly, all the original petitions are dismissed. ``` ``` Sd/- ``` ## **`A.MUHAMED MUSTAQUE, JUDGE`** ``` Sd/- SHOBA ANNAMMA EAPEN, JUDGE ``` ``` ms ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:20:- ## **`APPENDIX OF OP(KAT) 458/2023`** |**`PETITIONER'S`**|**`ANNEXURES:`**| |---|---| |**`ANNEXURE1`**|**`TRUE COPY OF THE GAZETTE NOTIFICATION OF THE`**| ||**`KERALA PUBLIC SERVICE COMMISSION, FOR THE`**| ||**`POST OF JUNIOR HEALTH INSPECTOR GRADE II`**| ||**`(CATEGORY NO.571/2014) IN MUNICIPAL COMMON`**| ||**`SERVICES, DATED 26-12-2014.`**| |**`ANNEXURE A2`**|**`TRUE COPY OF THE ADMISSION TICKET,`**| ||**`(PROVISIONAL) FOR THE OMR TEST CONDUCTED BY`**| ||**`THE KERALA PUBLIC SERVICE COMMISSION ON 27-`**| ||**`11-2015, DOWNLOADED FROM THE WEBSITE OF THE`**| ||**`KERALA PUBLIC SERVICE COMMISSION DATED NIL.`**| |**`ANNEXURE A3`**|**`TRUE COPY OF THE SHORT LIST NOTIFICATION`**| ||**`BEARING NO.SL.NO. 09/16/DOH, PUBLISHED BY`**| ||**`THE PATHANAMTHITTA DISTRICT OFFICE OF THE`**| ||**`KERALA PUBLIC SERVICE COMMISSION, DATED 26-`**| ||**`08-2016.`**| |**`ANNEXURE A4`**|**`TRUE COPY OF THE VERIFICATION CERTIFICATE`**| ||**`BEARING NUMBER PCN:160072497, TO THE`**| ||**`APPLICANT BY THE KERALA PUBLIC SERVICE`**| ||**`COMMISSION, DATED 21-12-2016.`**| |**`ANNEXURE A5`**|**`TRUE COPY OF THE ERATTUM NOTIFICATION`**| ||**`BEARING NO.PTA (2)757/2016-1 PUBLISHED BY`**| ||**`THE PATHANAMTHITTA DISTRICT OFFICE OF KERALA`**| ||**`PUBLIC SERVICE COMMISSION, DATED 10-1-2019.`**| |**`ANNEXURE A6`**|**`TRUE COPY OF THE STATE TRADE CERTIFICATE`**| ||**`BEARING NO.13102 ISSUED TO THE APPLICANT BY`**| ||**`THE STATE COUNCIL FOR VOCATIONAL TRAINING`**| ||**`GOVERNMENT OF KERALA DATED NIL.`**| |**`ANNEXURE A7`**|**`TRUE COPY OF THE PROVISIONAL STATE TRADE`**| ||**`CERTIFICATE BEARING NO.42030, ISSUED TO THE`**| ||**`APPLICANT BY THE INDUSTRIAL TRAINING`**| ||**`INSTITUTE, INDUSTRIAL TRAINING DEPARTMENT,`**| ||**`GOVERNMENT OF KERALA DATED 7-6-2013.`**| |**`ANNEXURE A8`**|**`TRUE COPY OF THE GOVERNMENT ORDER BEARING`**| ||**`NUMBER G.O.(RT) NO.1388/2007/LABOUR DATED`**| ||**`19- 5-2007.`**| |**`ANNEXURE A9`**|**`TRUE COPY OF THE GOVERNMENT ORDER BEARING`**| ||**`NUMBER G.O(RT) NO.1838/2018/LSGD DATED 05-`**| ||**`07-2018.`**| ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:21:- ## **`APPENDIX OF OP(KAT) 458/2023`** ``` ANNEXURE10TRUE COPY OF THE RELEVANT PAGES OF THE INTERVIEW SCHEDULE OF THE PUBLIC SERVICE COMMISSION BEARING NUMBER 03/2019 DATED 11- 02-2019. ANNEXURE RA1TRUE COPY OF THE FINAL ORDER DATED 13.10.2022 IN OA 565/2019 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. ANNEXURE RA2TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST NO. 76/2020/SSV WITH RESPECT TO THE CAT.NO. 571/2014 PUBLISHED WITH EFFECT FROM 11.02.2020 BY THE 6TH RESPONDENT. ANNEXURE RA3TRUE COPY OF THE ADDENDUM NOTIFICATION NO. SSIII/JHI/MCS/PTA/19 DATED 06.12.2022 ISSUED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION. ANNEXURE RA4TRUE COPY OF THE JUDGMENT DATED 21.08.2019 IN CIVIL APPEAL NO. 6178-6185 OF 2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA COPY OF THE FINAL ORDER IN OA 2654/2016 DATED 16.08.2022 PASSED BY THIS HON'BLE TRIBUNAL. ANNEXURE RA5TRUE COPY OF THE FINAL ORDER IN OA 2654/2016 DATED 16.08.2022 PASSED BY THIS HON'BLE TRIBUNAL. ANNEXURE RA6TRUE COPY OF THE G.O. (RT) NO. 424/2023/LSGD DATED 17.02.2023. ANNEXURE RA7TRUE COPY OF THE DETAILS OF ADVICE ON 25.03.2023 AS PER FILE NO. PIV(2)4582/2014 WITH RESPECT TO CAT.NO. 571/2014 ISSUED BY THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:22:- ## **`APPENDIX OF OP(KAT) 458/2023`** |**`MISCELLANEOUS`**|**`MISCELLANEOUS APPLICATION FOR CONDONATION OF`**| |---|---| |**`APPLICATION`**|**`DELAY.`**| |**`EXHIBIT P1`**|**`TRUE COPY OF THE MEMORANDUM OF OA IN 565 OF`**| ||**`2019 TOGETHER WITH ANNEXURES AND`**| ||**`MISCELLANEOUS APPLICATIONS FILED BEFORE THE`**| ||**`HON'BLE KERALA ADMINISTRATIVE TRIBUNAL,`**| ||**`PRINCIPAL BENCH, THIRUVANANTHAPURAM.`**| |**`EXHIBIT P1(A)`**|**`TRUE COPY OF THE REPLY STATEMENT FILED ON`**| ||**`BEHALF OF THE RESPONDENTS 1 AND 2 IN OA 565`**| ||**`OF 2019.`**| |**`EXHIBIT P2`**|**`TRUE COPY OF THE MEMORANDUM OF RA IN 24 OF`**| ||**`2023 TOGETHER WITH ANNEXURES AND`**| ||**`MISCELLANEOUS APPLICATIONS FILED BEFORE THE`**| ||**`HON'BLE KERALA ADMINISTRATIVE TRIBUNAL,`**| ||**`PRINCIPAL BENCH, THIRUVANANTHAPURAM.`**| |**`EXHIBIT P2(A)`**|**`TRUE COPY OF THE REPLY STATEMENT FILED ON`**| ||**`BEHALF OF RESPONDENTS 2 AND 3 IN THE RA 24`**| ||**`OF 2023.`**| |**`EXHIBIT P3`**|**`TRUE COPY OF THE FINAL ORDER DATED`**| ||**`24.08.2023 IN RA 24 OF 2023 PASSED BY THE`**| ||**`HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.`**| |**`EXHIBIT P4`**|**`TRUE COPY OF THE FINAL ORDER DATED`**| ||**`02.09.2019 IN OA(EKM) 346 OF 2018 PASSED BY`**| ||**`THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.`**| |**`EXHIBIT P5`**|**`TRUE COPY OF FINAL ORDER DATED 29.03.2019 IN`**| ||**`OA(EKM) 257 OF 2018 PASSED BY THE HON'BLE`**| ||**`KERALA ADMINISTRATIVE TRIBUNAL.`**| ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:23:- ## **`APPENDIX OF OP(KAT) 459/2023`** |**`PETITIONERS'`**|**`ANNEXURES:`**| |---|---| |**`ANNEXURE A1`**|**`TRUE COPY OF THE GAZETTE NOTIFICATION OF THE`**| ||**`KERALA PUBLIC SERVICE COMMISSION, INVITING`**| ||**`APPLICATIONS FOR THE POST OF HEALTH INSPECTOR`**| ||**`GRADE II COMMON SERVICES, DATED 26 12/2014.`**| ||**`(CATEGORY NO.571/2014) IN MUNICIPAL COMMON`**| ||**`SERVICES, DATED 26.12.2014.`**| |**`ANNEXURE A2`**|**`TRUE COPY OF THE SHORT LIST NOTIFICATION`**| ||**`BEARING NO. 17/2016/DOE, PUBLISHED BY THE`**| ||**`ERNAKULAM DISTRICT OFFICE OF KERALA PUBLIC`**| ||**`SERVICE COMMISSION, DATED 22.08.2016.`**| |**`ANNEXURE A3`**|**`TRUE COPY OF THE ERRATTUM NOTIFICATION`**| ||**`BEARING NO.E VII(3)927/16 PUBLISHED BY 24-27`**| ||**`THE ERNAKULAM DISTRICT OFFICE OF KERALA`**| ||**`PUBLIC SERVICE COMMISSION, DATED 14.01.2019.`**| |**`ANNEXURE A4`**|**`TRUE COPY OF THE ERRATTUM NOTIFICATION`**| ||**`757/2016-1 28-29 BEARING NO.PTA III (2)`**| ||**`757/2016-1 PUBLISHED BY THE PATHANAMTHITTA`**| ||**`DISTRICT OFFICE OF KERALA PUBLIC SERVICE`**| ||**`COMMISSION, DATED 10.01.2019.`**| |**`ANNEXURE A5`**|**`TRUE COPY OF GAZETTE NOTIFICATION OF THE`**| ||**`KERALA PUBLIC SERVICE COMMISSION INVITING`**| ||**`APPLICATION FOR THE POST OF HEALTH INSPECTOR`**| ||**`GRADE II (CATEGORY NO.137/2015) IN MUNICIPAL`**| ||**`COMMON SERVICES, DATED 29.05.2015.`**| |**`ANNEXURE A6`**|**`TRUE COPY OF THE ERRATTUM NOTIFICATION`**| ||**`BEARING NO. R III (1) 1050/16 PUBLISHED BY`**| ||**`THE THRISSUR DISTRICT OFFICE OF KERALA PUBLIC`**| ||**`SERVICE COMMISSION, DATED 14.01.2019.`**| |**`ANNEXURE A7`**|**`TRUE COPY OF THE ERRATTUM NOTIFICATION`**| ||**`BEARING NO. MSS (3)1028/16 PUBLISHED BY THE`**| ||**`MALAPPURAM DISTRICT OFFICE OF KERALA PUBLIC`**| ||**`SERVICE COMMISSION, DATED 14.01.2019.`**| |**`ANNEXURE A8`**|**`TRUE COPY OF THE STATE TRADE CERTIFICATE`**| ||**`BEARING NO 12714 ISSUED TO THE 1ST APPLICANT`**| ||**`BY THE STATE COUNCIL FOR VOCATIONAL TRAINING,`**| ||**`GOVERNMENT OF KERALA, DATED NIL`**| ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:24:- ## **`APPENDIX OF OP(KAT) 459/2023`** - **`ANNEXURE A9 TRUE COPY OF THE PROVISIONAL STATE TRADE CERTIFICATE BEARING NO.41677, ISSUED TO THE 1ST APPLICANT BY THE INDUSTRIAL TRAINING INSTITUTE, GOVERNMENT OF KERALA, DATED 23.06.2012.`** - **`ANNEXURE A10 TRUE COPY OF THE STATE TRADE CERTIFICATE BEARING NO.3571 ISSUED TO THE 2ND APPLICANT BY THE STATE COUNCIL FOR VOCATIONAL TRAINING, GOVERNMENT OF KERALA, DATED NIL.`** - **`ANNEXURE A11 TRUE COPY OF THE PROVISIONAL STATE TRADE CERTIFICATE BEARING NO.41703 ISSUED TO 48 THE 3RD APPLICANT BY THE STATE COUNCIL FOR VOCATIONAL TRAINING, GOVERNMENT OF KERALA. DATED NIL.`** - **`ANNEXURE A12 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE BEARING NO.472446 ISSUED TO THE 4TH 44 APPLICANT BY THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING, GOVERNMENT OF INDIA, DATED NIL.`** - **`ANNEXURE A13 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE BEARING NO.0005460, ISSUED TO THE 5TH APPLICANT BY THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING, GOVERNMENT OF INDIA. DATED NIL.`** - **`ANNEXURE A14 TRUE COPY OF THE GOVERNMENT ORDER BEARING NUMBER G.O NO. 1388/2007/LABOUR DATED 19.05.2007. (RT) NO. 1388/2007/LABOUR DATED 19.05.2007`** - **`ANNEXURE A15 ANNEXURE A15- TRUE COPY OF THE GOVERNMENT ORDER BEARING NUMBER G.O(RT) NO. 1838/2018/LSGD 48- DATED 05.07.2018.`** - **`ANNEXURE RA1 TRUE COPY OF THE FINAL ORDER DATED 13.10.2022 IN OA 293/2019 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.`** ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:25:- ## **`APPENDIX OF OP(KAT) 459/2023`** ``` ANNEXURE RA2TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST NO. 76/2020/SSV WITH RESPECT TO THE CAT. NO. 571/2014 PUBLISHED WITH EFFECT FROM 11.02.2020 BY THE 6TH RESPONDENT. ``` - **`ANNEXURE RA3 TRUE COPY OF THE ADDENDUM NOTIFICATION NO. SSV/JHI GR II/MCS/PKD DATED 13.12.2022 ISSUED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION.`** - **`ANNEXURE RA4 TRUE COPY OF THE JUDGMENT DATED 21.08.2019 IN CIVIL APPEAL NO. 6178-6185 OF 2019 PASSED BY THE HON'BLE SUPREME COURT OF INDIA.`** - **`ANNEXURE RA5 TRUE COPY OF THE FINAL ORDER IN OA 2654/2016 DATED 16.08.2022 PASSED BY THIS HON'BLE TRIBUNAL.`** - **`ANNEXURE RA6 TRUE COPY OF THE G.O. (RT) NO. 424/2023/LSGD DATED 17.02.2023`** - **`ANNEXURE RA7 TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF LAST GRADE SERVANT IN THRISSUR DISTRICT IN VARIOUS DEPARTMENTS DATED 30/06/2018 (NO. 460/18/DOR AND CAT. NO.071/2017).`** - **`MISCELLANEOUS MISCELLANEOUS APPLICATION FOR CONDONATION OF APPLICATION DELAY. EXHIBIT P1 TRUE OF THE MEMORANDUM OF OA IN 293 OF 2019 TOGETHER WITH ANNEXURES AND MISCELLANEOUS APPLICATION FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, THIRUVANANTHAPURAM.`** ``` EXHIBIT P2TRUE COPY OF THE MEMORANDUM OF RA IN 23 OF 2023 TOGETHER WITH ANNEXURES AND MISCELLANEOUS APPLICATIONS FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, THIRUVANANTHAPURAM. EXHIBIT P2(A)TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS 6 TO 10 IN THE RA 23 OF 2023. ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:26:- ## **`APPENDIX OF OP(KAT) 459/2023`** ``` EXHIBIT P2(B)TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 4 AND 5 IN THE RA 23 OF 2023. EXHIBIT P3TRUE COPY OF THE FINAL ORDER DATED 24.08.2023 IN RA 23 OF 2023 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL. ``` - **`EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF THE RA NO. 15 OF 2023 IN OA NO. 293 OF 2019 TOGETHER WITH ANNEXURES FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.`** - **`EXHIBIT P5 TRUE COPY OF THE FINAL ORDER IN RA 15 OF 2023 DATED 24.08.2023 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPLE BENCH, THIRUVANANTHAPURAM.`** - **`EXHIBIT P6 TRUE COPY OF THE FINAL ORDER DATED 29.03.2019 IN OA(EKM) 346 OF 2018 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.`** - **`EXHIBIT P7 TRUE COPY OF FINAL ORDER DATED 02.09.2019 IN OA(EKM) 257 OF 2018 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.`** - **`EXHIBIT P8 TRUE COPY OF THE SCREENSHOT SHOWING ADVICE MEMO'S WERE ISSUED ON 09.10.2023 DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE KERALA PUBLIC SERVICE COMMISSION.`** - **`EXHIBIT P9 TRUE COPY OF THE ADVICE MEMO HAVING FILE NO. PIV(2)4582/2014 WITH RESPECT TO JUNIOR HEALTH INSPECTOR GRADE II CATEGORY NO. 571/2014 IN PALAKKAD DISTRICT DOWNLOADED FROM THE OFFICIAL WEBSITE OF KERALA PUBLIC SERVICE COMMISSION.`** ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:27:- ## **`APPENDIX OF OP(KAT) 461/2023`** ``` PETITIONERS' ANNEXURES: ANNEXURE A1TRUE COPY OF THE GAZETTE NOTIFICATION DATED 26.12.2014 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION VIDE CATEGORY 571/2014. ANNEXURE A2TRUE COPY 29.05.2015 ISSUED BY THE KERALA PUBLIC SERVICE OF THE NOTIFICATION DATED COMMISSION VIDE CATEGORY 137/2015. ANNEXURE A3TRUE COPY OF THE ORDER DATED 08.03.2019 IN OA 293/2019 OF THIS HONOURABLE TRIBUNAL. ANNEXURE A4TRUE COPY OF THE NATIONAL TRADE CERTIFICATE BEARING NO. 472446 AWARDED TO THE 1ST APPLICANT. ANNEXURE A5TRUE COPY OF THE NATIONAL TRADE CERTIFICATE BEARING NO. 0005460 AWARDED TO THE 1S APPLICANT. ANNEXURE A6TRUE COPY OF G.O (RT) NO. 1388/2007/LABOUR DATED 19.05.2007. ANNEXURE A7TRUE COPY OF G.O (RT) NO. 1838/2018/LSGD DATED 05.07.2018. ANNEXURE A8TRUE COPY OF THE ORDER OF THIS HONOURABLE TRIBUNAL DATED 13.10.2022 IN OA 293/2019. ANNEXURE A9TRUE COPY OF THE RANKED LIST FOR PALAKKAD DISTRICT (CATEGORY 571/2014) IN COMPLIANCE WITH THE FINAL ORDERS OF THIS HONOURABLE TRIBUNAL IN OA NO. 293/2019 THROUGH AN ADDENDUM NOTIFICATION NO. SSV/JHI GR II/MCS/PKD/2019 DATED 13.12.2022 OF THE 1ST RESPONDENT. ANNEXURE A10TRUE COPY OF THE RANKED LIST FOR THRISSUR DISTRICT (CATEGORY 137/2015) IN COMPLIANCE WITH THE FINAL ORDERS OF THIS HONOURABLE TRIBUNAL IN OA NO. 293/2019 THROUGH AN ADDENDUM NOTIFICATION NO. SSV/JHI GR II/MCS/TSR/2019 DATED 13.12.2022 OF THE 1" RESPONDENT. ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:28:- ## **`APPENDIX OF OP(KAT) 461/2023`** |**`ANNEXURE A11`**|**`TRUE COPY OF THE RANKED LIST FOR`**| |---|---| ||**`MALAPPURAM DISTRICT (CATEGORY 137/2015) IN`**| ||**`COMPLIANCE WITH THE FINAL ORDERS OF THIS`**| ||**`HONOURABLE TRIBUNAL IN OA NO. 293/2019`**| ||**`THROUGH AN ADDENDUM NOTIFICATION NO.`**| ||**`SSII/JHI GR II/MUNICIPAL COMMON SERVICE`**| ||**`DEPARTMENT/MLPM/2019 DATED 12.12.2022 OF`**| ||**`THE 1ST RESPONDENT.`**| |**`ANNEXURE A12`**|**`TRUE COPY OF THE APPLICATION SUBMITTED`**| ||**`UNDER THE RIGHT TO INFORMATION ACT BY ONE`**| ||**`DEEPU MURUGAN P.V. TO THE PUBLIC`**| ||**`INFORMATION OFFICER, URBAN AFFAIRS`**| ||**`DEPARTMENT DATED 27.10.22`**| |**`ANNEXURE A13`**|**`TRUE COPY OF THE REPLY RECEIVED BY DEEPU`**| ||**`MURUGAN P.V. UNDER THE RIGHT TO`**| ||**`INFORMATION ACT FROM THE STATE PUBLIC`**| ||**`INFORMATION OFFICER AND JUNIOR`**| ||**`SUPERINTEND, LSGD (URBAN) DATED 22.11.22`**| |**`ANNEXURE A14`**|**`TRUE COPY OF THE APPLICATION SUBMITTED`**| ||**`UNDER THE RIGHT TO INFORMATION ACT BY THE`**| ||**`1ST APPLICANT TO THE PUBLIC INFORMATION`**| ||**`OFFICER, PALAKKAD PUBLIC SERVICE`**| ||**`COMMISSION OFFICE DATED 07.01.2023`**| |**`ANNEXURE A15`**|**`TRUE COPY OF THE REPLY RECEIVED BY THE 1ST`**| ||**`APPLICANT UNDER THE RIGHT TO INFORMATION`**| ||**`ACT FROM THE STATE PUBLIC INFORMATION`**| ||**`OFFICER AND DISTRICT OFFICER, KERALA`**| ||**`PUBLIC SERVICE COMMISSION DISTRICT OFFICE`**| ||**`DATED 27.01.2023.`**| |**`ANNEXURE A16`**|**`TRUE COPY OF THE G.O(RT) NO. 424/2023/LSGD`**| ||**`DATED 17.02.2023 ISSUED BY THE 2ND`**| ||**`RESPONDENT`**| |**`ANNEXURE A17`**|**`TRUE COPY OF THE SHOW CAUSE NO. R III (1)`**| ||**`1050/2016 DATED 09.02.2023 ISSUED BY THE`**| ||**`5TH RESPONDENT.`**| ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:29:- ## **`APPENDIX OF OP(KAT) 461/2023`** ``` ANNEXURE A18TRUE COPY OF THE SHOW CAUSE NO. MSSI (3) 1028/2016 DATED 13.02.2023 ISSUED BY THE 4TH RESPONDENT. ANNEXURE A19TRUE COPY OF THE REPLY SUBMITTED BY THE 1ST APPLICANT TO THE 5TH RESPONDENT DATED 20.02.2023. ANNEXURE A20TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND APPLICANT TO THE 4TH RESPONDENT DATED 20.02.2023. ANNEXURE 21TRUE COPY OF G.O (RT)NO.2766/05/LBR DATED 01.10.2005 OF ADDITIONAL SECRETARY TO GOVERNMENT OF LABOUR & REHABILITATION (C) DEPARTMENT ANNEXURE R10 (A)TRUE COPY OF THE RELEVANT PAGES 2 OF THE RANK LIST NO. 76/2020/SSV WITH RESPECT TO THE CAT. NO. 571/2014 PUBLISHED WITH EFFECT FROM 11.02.2020 BY THE KERALA PUBLIC SERVICE COMMISSION. ANNEXURE R10 (B)TRUE COPY OF THE APPOINTMENT CHART REGARDING THE ADVICE ISSUED ON 25.03.2023 WITH RESPECT TO JUNIOR HEALTH INSPECTOR GR.II IN PALAKKAD DISTRICT ANNEXURE R10(C)TRUE COPY OF THE DETAILS OF ADVICE ON 25.03.2023 AS PER FILE NO. PIV(2) 4582/2014 WITH RESPECT TO CAT. NO.571/2014 ISSUED BY THE 3RD RESPONDENT. ANNEXURE R6 (A)CERTIFIED COPY OF THE TRUE COPY OF THE RANKED LIST NO. 76/2020/SSV UNDER CATEGORY NO. 571/2014 WHICH WAS BROUGHT INTO FORCE WITH EFFECT FROM 11.02.2020. ANNEXURE R6 (B)CERTIFIED COPY OF THE TRUE COPY OF THE FINAL ORDER IN OA NO. 191/2019. ANNEXURE R6 (C)CERTIFIED COPY OF THE TRUE COPY OF THE G.O (MS) NO. 424/2023/LSGD DATED 17.02.2023. EXHIBIT P1TRUE COPY OF THE MEMORANDUM OF OA NO. 225 OF 2023 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, THIRUVANANTHAPURAM. ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:30:- ## **`APPENDIX OF OP(KAT) 461/2023`** ``` EXHIBIT P1(A)TRUE COPY OF THE MA 375/2023 FILED BY THE APPLICANT IN THE OA. ``` ``` EXHIBIT P2TRUE COPY OF THE MA 1220/2023 FILED BY THE APPLICANT IN THE OA. EXHIBIT P3TRUE COPY OF THE MA 856/2023 FOR IMPLEADING FILED BY THE PETITIONER. ``` - **`EXHIBIT P4`** ``` TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT NO. 10 ALONG WITH ANNEXURES. ``` ``` EXHIBIT P4 (A)CERTIFIED COPY OF THE MA NO. 554/2023 FILED BY ADDITIONAL RESPONDENT S NO. 6 TO 9. ``` - **`EXHIBIT P5 TRUE COPY OF THE FINAL ORDER DATED`** ``` 24.08.2023 IN OA 225 OF 2023 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P6TRUE COPY OF THE SCREENSHOT SHOWING ADVICE MEMO'S WERE ISSUED ON 09.10.2023 DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE KERALA PUBLIC SERVICE COMMISSION. EXHIBIT P7TRUE COPY OF THE ADVICE MEMO HAVING FILE NO. PIV(2)4582/2014 WITH RESPECT TO JUNIOR HEALTH INSPECTOR GRADE II CATEGORY NO. 571/2014 IN PALAKKAD DISTRICT DOWNLOADED FROM THE OFFICIAL WEBSITE OF KERALA PUBLIC SERVICE COMMISSION. ``` ``` RESPONDENTS' EXHIBITS: EXHIBIT R 2 [A] ``` ``` EXHIBIT R 2 [A]A TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO THE APPLICANT HEREIN DATED 25.3.2023. EXHIBIT R 2 [B]A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT HEREIN BEFORE THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION DATED 15/12/2023. ``` ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:31:- ||**`APPENDIX OF OP(KAT) 461/2023`**| |---|---| |**`PETITIONERS'`**|**`EXHIBITS:`**| |**`EXHIBIT P8`**|**`TRUE COPY OF THE APPLICATION SUBMITTED BY`**| ||**`MR. ARUN KUMAR WITH RESPECT TO CAT.NO.`**| ||**`571/2014 DATED 25.01.2015.`**| |**`EXHIBIT P9`**|**`TRUE COPY OF THE STATUS OF POST DOWNLOADED`**| ||**`FROM THE OFFICIAL WEBSITE OF KERALA PUBLIC`**| ||**`SERVICE COMMISSION WITH RESPECT TO JHI`**| ||**`GRADE, MUNICIPAL COMMON SERVICE (CAT. NO.`**| ||**`137/2015) IN THRISSUR DISTRICT.`**| |**`EXHIBIT P10`**|**`TRUE COPY OF THE STATUS OF POST DOWNLOADED`**| ||**`FROM THE OFFICIAL WEBSITE OF KERALA PUBLIC`**| ||**`SERVICE COMMISSION WITH RESPECT TO JHI`**| ||**`GRADE, MUNICIPAL COMMON SERVICE (CAT. NO.`**| ||**`137/2015) IN MALAPPURAM DISTRICT.`**| |**`EXHIBIT P11`**|**`TRUE COPY OF THE ADVICE DETAILS OF JHI`**| ||**`GRADE II (MUNICIPAL COMMON SERVICE)`**| ||**`THRISSUR DISTRICT.`**| |**`EXHIBIT P12`**|**`TRUE COPY OF THE ADVICE DETAILS OF JHI`**| ||**`GRADE II (MUNICIPAL COMMON SERVICE)`**| ||**`MALAPPURAM DISTRICT.`**| ``` O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023 ``` ## -:32:- ## **`APPENDIX OF OP(KAT) 455/2023`** |**`PETITIONER'S`**|**`ANNEXURES:`**| |---|---| |**`ANNEXURE A1`**|**`TRUE COPY TRUE COPY OF THE NOTIFICATION`**| ||**`DATED 26.12.2014 WITH RESPECT TO CAT. NO.`**| ||**`571/2014 ISSUED BY THE KERALA PUBLIC`**| ||**`SERVICE COMMISSION.`**| |**`ANNEXURE A2`**|**`TRUE COPY OF THE RELEVANT PAGES OF THE`**| ||**`RANKED LIST NUMBER 76/2020/SSV FOR CAT.`**| ||**`NO. 571/2014 WITH EFFECT FROM 11.02.2020`**| ||**`PUBLISHED BY THE KERALA PUBLIC SERVICE`**| ||**`COMMISSION.`**| |**`ANNEXURE A3`**|**`TRUE COPY OF THE DETAILS OF ADVICE ON`**| ||**`25.03.2023 AS PER FILE NO. PIV(2)`**| ||**`4582/2014 WITH RESPECT TO CAT. NO.571/2014`**| ||**`ISSUED BY THE 5TH RESPONDENT.`**| |**`ANNEXURE A4`**|**`TRUE COPY OF THE ADDENDUM NOTIFICATION NO.`**| ||**`SSV/JHI GRII/MCS/PKD/2019 DATED 13.12.2022`**| ||**`ISSUED BY THE 3RD RESPONDENT.`**| |**`ANNEXURE A5`**|**`TRUE COPY OF THE FINAL ORDER DATED`**| ||**`13.10.2022 IN OA NO. 293/2019 PASSED BY`**| ||**`THIS HON'BLE TRIBUNAL.`**| |**`ANNEXURE A6`**|**`TRUE COPY OF THE NATIONAL TRADE`**| ||**`CERTIFICATE ISSUED TO THE 6TH RESPONDENT`**| ||**`WITH RESPECT TO THE EXAMINATION HELD IN`**| ||**`THE MONTH OF JULY 2009 ISSUED BY THE`**| ||**`NATIONAL COUNCIL FOR VOCATIONAL TRAINING.`**| |**`ANNEXURE A7`**|**`TRUE COPY OF THE NATIONAL TRADE`**| ||**`CERTIFICATE ISSUED TO THE 7TH APPLICANT`**| ||**`WITH RESPECT TO EXAMINATION HELD IN THE`**| ||**`MONTH OF JULY 2010 BY THE NATIONAL COUNCIL`**| ||**`FOR VOCATIONAL TRAINING.`**| |**`ANNEXURE A8`**|**`TRUE COPY OF THE G.O(RT) NO.`**| ||**`1838/2018/LSGD DATED 05.07.2018.`**| |**`ANNEXURE A9`**|**`TRUE COPY OF THE G.O(RT) NO.`**| ||**`1388/2007/LABOUR DATED 19.05.2007.`**| |**`ANNEXURE A10`**|**`TRUE COPY OF THE G.O(RT) NO. 424/2023/LSGD`**| ||**`DATED 17.02.2023 ISSUED BY THE GOVERNMENT.`**| ## **`O.P.(KAT).Nos.455, 458, 459 AND 461 OF 2023`** ## -:33:- ## **`APPENDIX OF OP(KAT) 455/2023`** ``` EXHIBIT P1TRUE COPY OF THE OA NO. 706 OF 2023 TOGETHER WITH ANNEXURES FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, THIRUVANANTHAPURAM EXHIBIT P2TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 6 AND 7 EXHIBIT P3TRUE COPY OF THE FINAL ORDER IN OA 706 OF 2023 DATED 24.08.2023 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P4TRUE COPY OF THE SCREENSHOT SHOWING ADVICE MEMO'S WERE ISSUED ON 09.10.2023 DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE KERALA PUBLIC SERVICE COMMISSION EXHIBIT P5TRUE COPY OF THE ADVICE MEMO HAVING FILE NO. PIV(2)4582/2014 WITH RESPECT TO JUNIOR HEALTH INSPECTOR GRADE II CATEGORY NO. 571/2014 IN PALAKKAD DISTRICT DOWNLOADED FROM THE OFFICIAL WEBSITE OF KERALA PUBLIC SERVICE COMMISSION ```