High CourtsDivision Bench(2020) 11 KL CK 0004

Hima. P vs State Of Kerala And Ors

High Court Of Kerala · Decided on 18 November 2020

HON’BLE JUDGES
A.M. Shaffique, J · Gopinath P., J
RESULT
Dismissed
CASE NUMBER
Original Petition (Kerala Administrative Tribunal) No. 354 Of 2020

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Judgment

4 paragraphs · 247 words

Shaffique, J

1.

The original petition has been filed inter alia seeking for a direction to set aside Ext.P2 order passed by the Kerala Administrative Tribunal in O.A.(Ekm).No.1426/2020. By the impugned order, the petitioner's request for participating in the selection process for Kerala Administrative Service under Stream 2 had been rejected. The reason for rejecting participation under Stream 2 was that her probation has not been declared.

2.

The petitioner had also applied under Stream 1. During the pendency of the original petition, we have requested the learned Standing Counsel appearing for the KPSC to produce the marks obtained by the petitioner under Stream 1. We find that 77 marks was stipulated as cut off mark under Stream 1 and the petitioner does not have the required marks under Stream 1. As far as Stream 2 is concerned, there is no dispute about the fact that her probation had not been declared. The contention of the petitioner is that the probation was not declared due to any fault on her part. But the fact remains that under special rules, a person get qualified to attend the selection process under Stream 2 only on becoming an approved probationer in a Government Department. Whatever be the reason, when probation has not been declared, such a person is not qualified to attend the selection process under Stream 2. Under such circumstance, we don't find any reason to interfere with the order passed by the Tribunal.

The original petition is dismissed.