IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 34143 of 2006(M) -------------------------------------- PETITIONER: ------------------ REKHA R., W/O. M.K.SAJITH, MITHRALAYAM, S.L.PURAM P.O., CHERTHALA, ALAPPUZHA-688 523. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR RESPONDENTS: ---------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM. * ADDL. R2 IMPLEADED ADDL. R2: AGISH KUMAR.P., KOTTAYIL HOUSE, POOVARANI.P.O., URULIKUNNAM, PALA, KOTTAYAM-686 577. * ADDITIONAL RESPONDENT IMPLEADED AS PER ORDER DATED 17/08/2007 IN I.A. NO.11104/2007 OF W.P.(C).34143/06. ADV. SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).34143/2006-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMISSION TICKET ISSUED BY THE P.S.C. TO THE PETITIONER DATED 07/04/2004 REG. NO.S.10289. EXT.P2: COPY OF THE MEMO NO.E.R6/2298/O.P.M.O./GOVT. PRESS/04/E.V/10189 DATED 23/12/2004 ISSUED BY THE P.S.C. TO THE PETITIONER. EXT.P2(a):COPY OF THE FORM ATTACHED TO EXHIBIT-P2 DATED 16/10/2004 ISSUED BY THE P.S.C. TO THE PETITIONER. EXT.P3: COPY OF THE CERTIFICATE DATED 28/12/2004 ISSUED BY THE DR.K.KUTTAPPAN, MBBS, MD LAL BROTHERS PRINTERS, ALAPPUZHA TO THE PETITIONER. EXT.P4: COPY OF THE NON CREAMY LAYER CERTIFICATE NO.CHL 5631/2005 DATED 18/04/2005 ISSUED BY THE TAHSILDAR, CHERTHALA TO THE PETITIONER. EXT.P5: COPY OF THE MARKLIST REG. NO.45068 DATED 01/03/1995 ISSUED BY THE JOINT CONTROLLER, BOARD OF TECHNICAL EXAMINIATIONS, KERALA STATE TO THE PETITIONER. EXT.P5(a):COPY OF THE MARKLIST REG. NO.16738 DATED 05/09/1994 ISSUED BY THE JOINT CONTROLLER, BOARD OF TECHNICAL EXAMINATIONS, KERALA STATE TO THE PETITIONER. EXT.P6: COPY OF THE COMMUNICATION NO.GR.IIIA(2)36747/00/GW DATED 04/04/2005 ISSUED BY THE P.S.C. TO THE PETITIONER. EXT.P6(a):COPY OF THE REVERSE SIDE OF EXHIBIT-P6 ISSUED BY THE P.S.C. EXT.P7: COPY OF THE CERTIFICATE DATED 11/04/2005 ISSUED BY THE MANAGER, LAL BROTHERS PRINTERS, ALAPPUZHA TO THE PETITIONER. EXT.P8: COPY OF THE SHOW CAUSE NOTICE NO.GR.3A(2)36747/00/G.W./10 DATED 15/12/2005 ISSUED BY THE P.S.C. TO THE PETITIONER. EXT.P9: COPY OF THE CERTIFICATE DATED 11/04/2005 ISSUED BY THE MANAGER, LAL BROTHERS PRINTERS. ALAPPUZHA TO THE PETITIONER. EXT.P10: COPY OF THE REPLY DATED 26/12/2005 SUBMITTED BY THE PETITIONER TO THE SECRETARY, KPSC OFFICE, TRIVANDRUM. EXT.P11: COPY OF THE REPRESENTATION DATED 05/12/2006 SUBMITTED BY THE PETITIONER TO THE SECRETARY, K.P.S.C. OFFICE, TRIVANDRUM. EXT.P12: COPY OF THE RANKED LIST DATED 01/11/2005 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION BULLETIN. EXT.P13: COPY OF THE ORDER NO.G.R.IIIA(2)36747/00 GOV. DATED 11/01/2007 ISSUED BY THE SECRETARY, PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. // TRUE COPY // P.A. TO JUDGE Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 34143 of 2006 --------------------------------- Dated this the 28th day of July, 2008 JUDGMENT The petitioner applied for the post of Offset Printing Machine Operator Grade II pursuant to the notification issued by the Public Service Commission on 20.11.2001. One of the qualifications prescribed for the said post is one year experience in “Printing Automatic Single Clear Sheet Fed Machines. The petitioner appeared for the written test and later received Ext.P2 memo dated 23.12.2004 requiring the petitioner to produce an experience certificate in the form conforming to Ext.P2(a). The petitioner produced the certificate as Ext.P3. Thereafter non creamy layer certificate Ext.P4 and mark lists Exts.P5 and P5(a) were produced. The petitioner was then called for an interview as per Ext.P6. But she was directed to produce a fresh experience certificate with the office seal. This the petitioner did at the time of interview as per the original of Ext.P7. Later the petitioner was issued Ext.P8 show cause notice requiring her to show cause why she should not be removed from the short list on WPC.34143 /2006 2 the premise that the certificate of experience produced by her does not show the SSI registration number of the concern or the name of the person who signed in the certificate. A fresh certificate of experience was produced as Ext.P9, which though bears the date of Ext.P7, apparently could be produced only in response to Ext.P8 dated 15.12.2005. The petitioner then filed this writ petition for a direction to the Public Service Commission to include her name in the rank list. During the pendency of the writ petition Ext.P13 was issued by the Public Service Commission giving reasons for declining the petitioner's request and the same has also been challenged in the writ petition. The reason stated in Ext.P13 is that the certificate of experience produced by the petitioner at the stage of interview did not contain the SSI registration number of the concern where the petitioner was working or the date of issuance of the certificate. It did not also contain the name of the person who had signed the certificate. Ext.P13 is also challenged in this writ petition. 2. A counter affidavit has been filed by the Public Service Commission. I heard learned senior counsel Sri. Nandakumara Menon and the learned counsel for the Public Service Commission WPC.34143 /2006 3 Sri. AlexanderThomas. The only dispute is whether the experience certificate produced by the petitioner was adequate in terms of the notification. Ext.P7 was a certificate which was produced at the time of interview. It gives the SSI registration number of the concern where the petitioner had acquired the experience viz. Lal Brothers and Printers. It contains the date on which the certificate is issued viz. 11.4.2005. It also contains the signature and seal of office Manager. But it does not show the name of the signatory and the same was also cured by producing Ext.P9. The question is whether the absence of the name of the Manager who issued the certificate of experience in Ext.P7 is so crucial as to vitiate the certificate of experience itself. 3. In my view, it does not. Ext.P7 certificate of experience as such is complete. There is no case for the Public Service Commission that the certificate as such is bogus or unauthorisedly procured nor is there any case that there is no concern in the name “Lal Brothers Printers”. It shows the registration number of the concern. It gives the date and it is signed by a person who is shown as the Manager. It also shows a seal of office. If there is any further defect in Ext.P7, WPC.34143 /2006 4 apparently it could have been immediately rectified by the petitioner. As a matter of fact it was done by Ext.P9 and on a comparison between Exts.P7 and P9 it is seen that there is no material difference between the contents of the two. If that be so, they does not seem to be adequate justification in rejecting Ext.P7 as such. No other defect is pointed out in relation to the petitioner. In the result, the writ petition is allowed. Ext.P13 is quashed. The Public Service Commission is directed to include the petitioner in the rank list for the post of Offset Printing Machine Operator Grade II on the basis of merit and she shall be advised accordingly if her turn would have normally arisen, had she been included in the rank list at the appropriate time. But it is made clear that advises already effected from the rank list in question will not in any manner be disturbed by the petitioner's inclusion in the rank list. V. GIRI, JUDGE. pmn/ WPC.34143 /2006 5