The High Court of Kerala in their recent judgment passed on 11th January 2023, stated that the Kerala Public Service Commission (KPS) directing candidates with disabilities to participate in the election process with examination centres near their residence is beyond the scope of the Commission’s powers. This was mentioned in the case of Kerala Public Service Commission v. The State Commissionerate for Persons with Disabilities & Anr. decided by Single Judge Bench of Justice Shaji P. Chaly
FACTS OF THE CASE:
The second respondent namely, one Anseer N.A., apparently a person differently-abled, has submitted an application seeking to have an examination center near the house of differently-abled persons before the local MLA, who has forwarded it to the State Government and the State Government has delivered the same to the State Commissioner for Persons with Disabilities. The State Commissioner has issued a direction to the KPSC that candidates with disabilities who are participating in the selection process of the KPSC shall be provided with examination centres near their residences. It is further specified in the order that the said order is issued by virtue of the power conferred on the Commissioner as a civil court.
JUDGEMENT OF THE CASE:
The deliberation of the facts, law and circumstances made it clear that order passed by the Commissioner is without any jurisdiction and power conferred on the Act, 2016. The Commissioner, is not a civil court, even though powers are conferred on the Commissioner to exercise the powers conferred on the civil court for summoning and enforcing the attendance of witnesses etc., and for other consequential aspects, in accordance with Section 82 of the Act, 2016. In that view of the matter, the order suffers from vice of arbitrariness and illegality, liable to be interfered with under Article 226 of the Constitution of India. Accordingly, the order was quashed
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
