Kerala Public Service Commission vs Lakshmi G

A.Muhamed Mustaque, J

This original petition is filed by the Kerala Public Service Commission (for short “KPSC”), aggrieved by the order of the Kerala Administrative Tribunal dated 19.03.2019 in O.A.No.2194 of 2014. The respondent herein, the applicant before the Tribunal submitted an application for the post of Junior Instructor (Fashion Technology) before the KPSC. However,the photo uploaded by the respondent was defective. As seen from the impugned order itself, the PSC gave an opportunity to all the candidates to cure the defect by 01.03.2014 and again by 01.03.2017 respectively. The respondent appears to have cured the defect as early as on 11.08.2013, much before the one time settlement scheme offered by the KPSC. On that ground, the application filed by the respondent was allowed by the Tribunal.

KPSC questions the order of the Tribunal on the ground that whether a person who had uploaded defective photograph after the last date of receipt of application and did not avail OTS facility granted to the candidates for correction of mistake, is entitled to participate in the selection process. It is to be noted that the rank list has expired and the respondent was already adviced, and now appointed in service.

Taking note of fact that the respondent cured the defect much before the OTS facility, we are of the view that no interference is warranted in this matter. Accordingly, the Original Petition is dismissed.

This case is decided only on the fact that the defect was cured before the OTS scheme offered by the petitioner and not on any other ground.