OP(KAT) NO. 143 OF 2025 1 2025:KER:27150 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 OP(KAT) NO. 143 OF 2025 AGAINST THE ORDER DATED 27.02.2025 IN OA (EKM) NO.1477 OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM) PETITIONER/APPLICANT : FADHIL KAMARUDHEEN, AGED 32 YEARS S/O. KAMARUDHEEN, 2/11, RAHMA GARDEN, VENGANNIYUR, ALATHUR, PALAKKAD, PIN - 678451 BY ADVS. M.A.SULFIA ABDUL JALEEL.A RESPONDENTS/RESPONDENTS : 1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, 2ND FLOOR, NORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 OP(KAT) NO. 143 OF 2025 2 2025:KER:27150 2 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILLA, PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN – 695004 BY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT) NO. 143 OF 2025 3 2025:KER:27150 J U D G M E N T A.Muhamed Mustaque, J. The petitioner had not been considered for inclusion in the ranked list for the post of Chemical Inspector/Technical Assistant. The petitioner admittedly possessed the basic qualification. However, one of the requisite qualifications is that the candidate must have experience in a supervisory capacity in a chemical industry or laboratory. The petitioner had experience in the Pollution Control Board. The PSC refused to accept the experience certificate from the Pollution Control Board, citing that it is neither a chemical industry nor a laboratory. 2. However, the learned counsel for the petitioner strenuously points out the experience certificate and submits that the petitioner was involved in supervisory activities, including the collection of samples from different industries and hospitals for forwarding to the laboratory of District Offices. One could gather from the experience certificate and the stipulated notification that, for the post of Chemical Inspector/Technical Assistant, the supervisory role pertains to the chemical process taking place in a laboratory or chemical industry, and not merely collection of OP(KAT) NO. 143 OF 2025 4 2025:KER:27150 samples for forwarding to the lab for analysis. Neither the Court nor the Tribunal has the expertise in this areas to analyze the requisite qualification based on experience. The PSC rejected the claim for these reasons and this has been affirmed by the Tribunal. We find no reason to interfere in this matter. The original petition is dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P.KRISHNA KUMAR JUDGE rkj OP(KAT) NO. 143 OF 2025 5 2025:KER:27150 APPENDIX OF OP(KAT) 143/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF CERTIFICATE OF EXPERIENCE DATED 13.02.2023 ISSUED BY ENVIRONMENT ENGINEER, KSPCB, DISTRICT OFFICE, PALAKKAD Annexure A2 THE TRUE COPY OF GAZETTE DATED 30/07/2022 OF CATEGORY NO. 253/2022 FOR THE POST OF CHEMICAL INSPECTOR/TECHNICAL ASSISTANT (CHEMICAL) Annexure A3 THE TRUE COPY OF RELEVANT PAGE OF SINGLE ADMISSION TICKET (PROVISIONAL) ISSUED BY THE 2ND RESPONDENT FOR BOTH THE POSTS I.E., DEPUTY MANAGER (PRODUCTION)- STATEWIDE (CATEGORY NO. 406/2022) IN TRAVANCORE SUGARS AND CHEMICALS LTD. AND CHEMICAL INSPECTOR/TECHNICAL ASSISTANT (CHEMICAL) - STATEWIDE (CATEGORY NO. 253/2022) IN FACTORIES AND BOILERS DEPARTMENT Annexure A4 THE TRUE COPY OF SHORT LIST SL. NO. 94/2024/OLE III FOR THE POST OF DEPUTY MANAGER (PRODUCTION)-STATEWIDE (CATEGORY NO. 406/2022) IN TRAVANCORE SUGARS AND CHEMICALS LTD. Annexure A5 THE TRUE COPY OF SHORT LIST FOR THE POST OF CHEMICAL INSPECTOR/TECHNICAL ASSISTANT (CHEMICAL) - STATEWIDE SL. NO. 176/2023/OLE I (CATEGORY NO. 253/2022) DATED 24.06.2024 Annexure A6 THE DOWNLOADED COPY OF APPLICATION STATUS OF THE PETITIONER FOR THE POST OF CHEMICAL INSPECTOR/TECHNICAL ASSISTANT (CHEMICAL) - STATEWIDE IN CATEGORY NO.253/2022 Annexure A7 THE TRUE COPY OF THE REPRESENTATION DATED 27.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT OP(KAT) NO. 143 OF 2025 6 2025:KER:27150 Annexure A8 THE TRUE COPY OF THE RELEVANT PAGE DOWNLOADED FROM THE WEBSITE OF PSC, EVIDENCING THE DATE OF INTERVIEW FIXED FOR THE CANDIDATES FOR THE RELEVANT POST Annexure A9 TRUE COPY OF RANK LIST NO 1206/2024/SS VII IN CAT NO 253/2022 FOR THE POST OF CHEMICAL INSPECTOR/TECHNICAL ASSISTANT (CHEMICAL) IN FACTORIES AND BOILERS DATED NIL PUBLISHED BY 2ND RESPONDENT Annexure A10 THE TRUE COPY OF THE INTERVIEW INVITATION SENT BY 2ND RESPONDENT FOR CAT NO 253/2024 FOR THE POST OF CHEMICAL INSPECTOR/TECHNICAL ASSISTANT (CHEMICAL) IN FACTORIES AND BOILERS DATED 4/11/2024 Exhibit P1 THE CERTIFIED COPY OF ORDER DATED 27/02/2025 IN OA (EKM) 1477/2024 OF LEARNED KAT, THIRUVANANTHAPURAM (ADDITIONAL BENCH, (ERNAKULAM) Exhibit P2 THE TRUE COPY OF OA (EKM) 1477/2024 DATED 30/10/2024 ALONG WITH THE ANNEXURES FILED BEFORE LEARNED KAT, THIRUVANANTHAPURAM (ADDITIONAL BENCH, (ERNAKULAM) Exhibit P3 THE TRUE COPY OF REPLY STATEMENT DATED 15/01/2025 FILED BY 2ND RESPONDENT Exhibit P4 THE TRUE COPY OF THE CERTIFICATE OF EXPERIENCE DATED 05.08.2024 ISSUED FROM KERALA STATE POLLUTION CONTROL BOARD