PRIYA B.M. Vs. KERALA PUBLIC SERVICE COMMISSION AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5212 of 2017, Judgment Date: Apr 13, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.5212 OF 2017
                 [@ SPECIAL LEAVE PETITION (C) NO.9814/2016]



PRIYA B.M.                                                     PETITIONER(S)


                                VERSUS



KERALA PUBLIC SERVICE COMMISSION AND ORS.                     RESPONDENT(S)



                               J U D G M E N T


KURIAN, J.

1.    Leave granted.
2.    The appellant is aggrieved by the impugned judgment  dated  14.01.2016
whereby the High Court declined to grant any relief to the appellant on  the
basis of the order dated 08.01.2015 of this Court passed in  Swapna  Sukumar
& Ors. v. State of Kerala and Ors. and other connected matters holding  that
the  relief  was  limited  only  to  the  parties  to  those  cases.    But,
unfortunately both, the Administrative Tribunal and the  High  Court  missed
to take note of the fact that the appellant herein belongs to the same  rank
list dated 14.6.2011 and the appellant was at rank No.23.  In  the  case  of
another similarly situated candidate, this Court on 5.10.2015 in Abokare  K.
v. State of Kerala and Others (C.A. No.8258/2015) has  granted  the  relief.
We are informed that Abokare K. is rank  No.25 in the rank list.
3.    In view of the above, we set aside the judgments  of  the  High  Court
and the Administrative Tribunal.  The name of  the  appellant  in  the  rank
list of 4.6.2011 shall stand restored and the respondents  are  directed  to
operate the said rank list in the case of the appellant.  Appointment  order
shall be issued to her expeditiously and in any case within a period of  two
months from the date of production of a copy of this order.
4.    Needless to say that this Court is conscious  of  the  fact  that  the
rank list has expired.  However, the direction, as above, is issued in  view
of the peculiar facts and circumstances of the case, following  the  earlier
judgment.
5.    The appeal is, accordingly, disposed of.
6.    Pending applications, if any, shall stand disposed of.
7.    There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      APRIL 13, 2017.