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IN THE KERALA ADMINISTRATIVE TRIBUNAL AT

THIRUVANANTHAPURAM
(CAMP SITTING, ERNAKULAM)
Present:
The Hon'ble Mr. Benny Gervacis, Member
&
The Hon'ble Mr. Rajesh Dewan, Member

Dated this the 8th of March 2O19

OA[EKM]-482/2O17

Applicant(s):

Sreeparvathy Vijay, D/o. Vijayan. K. M., aged 24 years.,,Souparnika,

Kuzhipannathil, Mulanthuruthy P.O.,Ernakulam,Kerala -682314
Mobile - 9400039132

By Advs. NAMPOOTHIRY M V S & POOVAMULLE PARAMBIL ABDUL

KAREEM

Respondent(s):

The Kerala Public Service Commission represented by its Secretary, Office of

the Public Service Commission, Pattom P.O., Thiruvananthapuram, Kerala -
695004

C A MAJEED [Standing Counsel For KPSC]

This having been finally heard on 8th of March 2O19, the

Tribunal on the same day passed the following:
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Benny Gervacis, Member &

Rajesh Dewan, Member

----------------------------

O.A.(Ekm)No.482 of 2017

----------------------------

Dated this, the 8thday of March, 2019

ORDER

Benny Gervacis, Member

    The applicant, who applied for the post of Assistant Engineer

(Civil) notified by the Public Service Commissionfor selection and

appointment to Public Works Department, Kerala Water Authority and

Local Self Government Department , is before this Tribunal, aggrieved by

the rejection of her application.

        2. The applicant, it is submitted, had the requisite qualification

prescribed for the post. The applicant is a B.Tech (Civil) Degree Holder

from the Cochin University of Science and Technology. The notification

inviting applications was published in the gazette dated 13.05.2014 and

the last date for receipt of applications was 18.06.2014. The applicant

applied as per Annexure A2 application dated 23.05.2014 and participated

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in the written test (OMR test) and was included in the short list. The

applicant participated in the further selection process, in the interview as

well as verification of documents. The applicant came out successful and

was included in the ranked list. This was intimated to the applicant by

Annexure A6 profile message. The applicant was issued with Annexure A7

intimating her that her application has been rejected as she did not

possess the proper qualification. Aggrieved by Annexure A7, that the

applicant moved the authorities concerned and was informed that her

application was rejected since she did not possess the requisite

qualification as on the date of application or on the last date for submission

of applications.

    3. The learned counsel for the applicant submits that though the

certificate for B.Tech Degree is dated 01.10.2014, the applicant had

become qualified as on the date on which the examination ended for the

semester which qualified her for award of the concerned degree. It is

submitted that as per Annexure A4 order issued by the Controller of

Examinations of Cochin University of Science and Technology, pursuant to

the resolution by the Academic Council, it is notified that the date on which

the examination ends for the semester which duly qualifies the student for

award of the degree is the date on which a student becomes eligible for

the award of the Degree. It is stated that the last examination was held in

April, 2014 and the applicant has to be treated as qualified as on April,

2014, ie., before the last date of submission of the applications, which was
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18.06.2014. The applicant, therefore, seeks a direction to include her in

the ranked list at the corresponding place, in accordance with her marks

and eligibility.

    4. The Public Service Commission has filed its reply statement in

the matter. It is stated that the applicant had applied for selection to the

post of Assistant Engineer (Civil) in the Local Self Government

Department as Category Nos.100/2014 in the gazette dated 13.05.2014

with 18.06.2014 as the last date for receipt of applications. The applicant

also applied for Assistant Engineer (Civil) for selection and appointment for

Public Works Department and Irrigation Department which was notified

with the same last date. The applicant was included in the short list and on

certificate verification, it was found that the applicant was not qualified as

on the last date fixed for receipt of applications ie., 18.06.2014. The

B.Tech Degree certificate was issued by the University only on

01.10.2014. The publication of the final semester mark list was issued on

30.06.2014 and the applicant was, therefore, not in possession of the

certificate, nor had acquired the qualification as on the last date prescribed

for receipt of applications ie., 18.06.2014. As per condition No.17 of the

general conditions, a candidate could not be considered as possessing a

particular qualification when as on the last date fixed for receipt of

applications, she did not possess the same. In case of examinations held

by Universities, the candidates will be deemed to have passed the

examinations only with effect from the date of official publication of the
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results of the examination by the University. The result was only published

on 30.06.2014 and the certificate to this effect was issued only in October,

2014. The Public Service Commission seeks dismissal of the Original

Application.

    5. On consideration of the facts, it is noted that the mark list for

the final semester examination for B.Tech Degree qualification was

published by the Cochin University of Science and Technology only on

30.06.2014. The applicant could be considered as having acquired the

qualification only on 30.06.2014. The last date for submission of the

application was on 18.06.2014 and on the above date, the result of the

B.Tech Degree examination was not published and the applicant did not

have the requisite qualification as on 18.06.2014. The qualifications

acquired after the last date fixed for receipt of the application cannot be

treated as a valid qualification for the notified post.

        The Original Application therefore fails and is accordingly

dismissed.

        Sd/-Benny Gervacis, Member

     Sd/-Rajesh Dewan, Member

sk/

   true copy Deputy Registrar (Judicial)

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APPENDIX

OA[EKM]-482/2O17
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APPLICANT'S ANNEXURES:

Annexure A1- True copy of the degree of Bachelor of Technology.

True copy of the application submitted by the applicant to the

Annexure A2-
PSC dated 23.5.2014 through online.

Annexure A3- True copy of the verification certificate issued by the PSC.

True copy of the certificate issued by the Cochin University

of Science and Technology and order dated 13.1.2015 issued
Annexure A4-
by the Controller of Examinations in charge of Registrar,
Cochin University of Science and Technology.

Annexure A5- True copy of the call letter from PSC dated 26.11.2016.

True copy of the result of the interview as published in the

Annexure A6-
Internet.

True copy of the communication downloaded from the

Annexure A7-
Internet.

True copy of the certificate issued by the Controller of

Annexure A8-
Examinations.

Annexure A9- True copy of the gazette notifications.

True copy of the representation dated 2.6.2017 submitted by

Annexure A10-
the applicant.

True copy of the order No. LR1(3)22158/13LW issued by the

Annexure A11-
respondent .