LAWS(KER)-2020-8-340

KERALA PUBLIC SERVICE COMMISSION Vs. SHEBEER.M

Decided On August 18, 2020
KERALA PUBLIC SERVICE COMMISSION Appellant
V/S
Shebeer.M Respondents

JUDGEMENT

(1.) These original petitions arise from orders passed by the Kerala Administrative Tribunal by which, it was held that Circular No.4/2016 dated 10/2/2016 which was issued in modification of Circular No.26/2011 dated 5/9/2011, shall apply only in respect of notifications issued after the date of circular. Consequently, direction had been issued to the Kerala Public Service Commission (KPSC) to finalise the rank lists after giving the weightage marks as directed in Circular No.26/2011 dated 5/9/2011.

(2.) The short facts of the case as disclosed would indicate that the KPSC invited applications from candidates to be appointed as Lecturers in different subjects in the department of Kerala Collegiate Education as per notification dated 30/11/2012. The last date for submission of application was 2/01/2013. As per the qualification criteria, the candidate should have Masters degree in the subject concerned with not less than 55 marks or its equivalent and good academic record and should have passed the comprehensive test in the subject concerned specifically conducted for the purpose by UGC or any agency duly constituted by the State Government in that behalf. A short list came to be published by the KPSC with reference to separate categories or subjects.

(3.) KPSC had published Circular No.26/2011 providing weightage marks to be awarded for non qualifying qualifications viz., M.Phil/Ph.D, which are acquired before the date of interview. However, by Circular No.4/2016, it was stipulated that weightage marks would be awarded for M.Phil and Ph.D Degrees only to those candidates who had acquired qualification on or before the last date fixed for receipt of application and further it was stipulated that the said decision will be applicable to the rank lists to be published from 18/1/2016.