Kerala Public Service Commission v. Swapna P. , W/o. Mohankumar
2019-11-16
K.VINOD CHANDRAN, V.G.ARUN
body2019
DigiLaw.ai
JUDGMENT : Vinod Chandran, J. The petitioner-Kerala Public Service Commission (hereinafter “PSC”) is aggrieved with the order passed by the Tribunal, directing the 1st respondent to be treated as an Other Backward Class (OBC) candidate and include her in the rank list as an OBC as per the application made pursuant to the notification dated 12.03.2015. She would then be entitled to an advice and consequential appointment in the relevant turn of OBC candidates. 2. On facts, it has to be stated that the PSC notified appointments to the post of Pharmacist Grade II, vide notification dated 12.03.2015. The applications were to be submitted on or before 16.04.2015. The 1st respondent submitted her application claiming to have the status of a Scheduled Caste, coming under Tandan Community. Admittedly she belongs to Palakkad and Tandans in Palakkad were removed from the Scheduled Caste category as per the Constitution Scheduled Caste Order Amendment Act 2007 produced as Annexure A2. The 1st respondent asserts she applied, bonafide believing that Tandan Community in Palakkad also was covered under the Scheduled Caste orders. When the rank list was published she was included in the rank list at rank No.97 with her caste status shown as Scheduled Caste. The 1st respondent at the time of One Time Verification (for brevity 'OTV') produced the certificate for an OBC which was rejected by the PSC. The applicant approached the Tribunal. 3. The Tribunal found that the PSC having issued Annexure A8 erratum notification dated 16.05.2018 removing the 1st respondent from the category of Scheduled Caste candidates; it was only proper that the rightful claim of the 1st respondent was also considered before such removal was effected. It was also found that PSC itself had acted upon the subsequent information that the applicant did not belong to Tandan category but only under OBC category. The Tribunal held that when the correct caste status of the applicant was known to the PSC during the OTV of certificates while issuing erratum notification and effecting modifications the PSC was bound to ensure that the correct caste status of the applicant was mentioned in the rank list. 4. The learned Counsel for the PSC argued that there could be no change of caste status from that applied for before the last date of application.
4. The learned Counsel for the PSC argued that there could be no change of caste status from that applied for before the last date of application. The learned Counsel appearing for the 1st respondent submits that there was in fact an OTV carried out earlier and a copy of the same was handed over to us across the Bar. We see from the OTV carried out by the PSC that the 1st respondent has been, as from 13.06.2017 included in the OBC category with the non-creamy layer certificate produced from the Village Officer. This does not however, validate the 1st respondent's claim to that status for the particular selection to which she applied prior to the last date of 16.04.2016. 5. In this context, we have to notice the manner of uploading of Profile and the method by which application are send as against each notification made by the PSC; all carried out on a digital format as facilitated by the PSC in its web-site. Any candidate wishing to apply for the selections conducted by PSC can upload a profile and get it verified by PSC at any point of time without any selection being notified. However when a selection is notified only the Profile uploaded prior to the last date of application will be accepted for that selection. If no OTV is carried out prior, then after the rank list is published those who figure there would have to submit the certificates substantiating their claim with reference to the notified qualifications and caste status claimed in the application made through digital format. Any change to the Profile made after the last date of application will not be valid for that particular selection, but could apply to any subsequent selections. Again at every point of time a verification is carried out, if the Profile updated and forwarded along with the application has not been subjected to OTV. 6. Hence if the Profile of an applicant has been validated in an OTV, then it shall be valid for any subsequent selection. If the candidate acquires any qualification after OTV or requires a change, as in this case of the caste status, there can be an addition or modification, which will have to subjected again for OTV.
6. Hence if the Profile of an applicant has been validated in an OTV, then it shall be valid for any subsequent selection. If the candidate acquires any qualification after OTV or requires a change, as in this case of the caste status, there can be an addition or modification, which will have to subjected again for OTV. There is a permanent Profile of candidate which is subject to change at any point of time which changes require the subsequent validation of the PSC by a OTV. However, when a particular Profile is uploaded and the same is attached along with an application for a selection, after the last date of application, there can be no changes made thereat. 7. Viewing it in this context, we will have to see the sequence in which the 1st respondent's application has been dealt with. The 1st respondent admittedly applied under a notification dated 12.03.2015 for the post of Pharmacist Grade II, the last date of application of which was on 16.04.2015. Admittedly the applicant applied as a Scheduled Caste candidate belonging to Tandan community. It is seen that later to the last date the applicant has changed her Profile in the website of the PSC and claimed status of OBC fully realising the earlier claim to be wrong. The factum of her status as a non- creamy layer OBC candidate was got verified by the PSC on 13.06.2017, long after the last date of application for the post of Pharmacist. This however, applies only to the subsequent notifications and selections and not to the selection to which the last date of application is over. Admittedly when the OTV was called for the subject selection, the 1st respondent produced the certificate of OBC which was not taken into account since her claim was as a Scheduled Caste candidate. This was the reason why an erratum notification was issued removing her status of scheduled cast in the rank list. She hence can be considered only on the turns available to regular Open Candidates. There cannot be a further consideration of OBC status for the selection to which she had applied as a Scheduled Caste candidate. We are unable to sustain the order of the Tribunal and set aside the same rejecting the O.A. Original Petition (KAT) is allowed. There is no order as to costs.