The Court dismissed a writ appeal against an order rejecting an application for appointment as Lower Division Typist, holding that equitable relief is unavailable as the petitioner did not possess required qualifications by the application deadline.
The writ appeal is dismissed for lack of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931
WA.No. 1904 of 2009()
AGAINST THE JUDGEMENT/ORDER IN WPC.13990/2009 Dated 22/05/2009
APPELLANT(S):
USHAKUMARI S., T.C.14/1205, “MANGALYA” NEAR WATER WORKS, PALAYAM, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM.
BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR
RESPONDENT(S):
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
W.A. No.1904 of 2009
Dated 27th August, 2009.
J U D G M E N T
Kurian Joseph, J.
Appellant is the writ petitioner. It is the admitted position that she acquired the qualification for appointment to the post of Lower Division Typist only on 30.6.2006. The last date fixed for submission of the application is 15.2.2006. Thus, admittedly as on the last date of submission of the application for the post, the petitioner was not in any case qualified. For the only reason that she was permitted to appear for the examination, she is not entitled to any equitable relief since in matters of appointment, the Public Service Commission will have to go by the settled principles. Since the petitioner was not qualified as on the last date of submission of the application, there is no merit in the Writ Appeal. It is accordingly dismissed.
KURIAN JOSEPH, JUDGE.
C.T.RAVIKUMAR, JUDGE.
tgs
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
W.A. No.1904 of 2009
J U D G M E N T
Dated 27th August, 2009.
1 issue framed by the court
Whether an applicant who acquired qualification after the last date to apply is entitled to equitable relief for permitting her to appear in an examination.
USHAKUMARI S.
KERALA PUBLIC SERVICE COMMISSION
KURIAN JOSEPH
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
