Dismissed

Shinu M.S. v. K.P.S.C. & Ors.

Kerala HC18 Nov 2010WP(C)/9068/2007

Case brief

AI extract

What is this about?

The court dismissed a writ petition by a Reserve Driver candidate seeking to be allowed to appear for selection despite his driving licence having expired before the application deadline. Relying on a Division Bench decision, the court held the petitioner was not qualified and revoked interim relief.

What did the court decide?

Petitioner's reliefs granted in the interim order are revoked and the writ petition is dismissed.

Shinu M.S. Vs K.P.S.C. & Ors. — Service and Employment | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN

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THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932

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WP(C).No. 9068 of 2007(D)

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-------------------------------------

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PETITIONER:

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-------------------

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SHINU M.S., AGED 33 YEARS, S/O. SREEDHARAN, MUNDIYANIYIL HOUSE, KARACHAL P.O., WAYANAD- 673 591.

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BY ADV. SRI.V.PHILIP MATHEWS.

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RESPONDENTS:

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------------------------

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1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.

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2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3. K.S.R.T.C., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM.

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R1 BY SRI. ALEXANDER THOMAS, S.C, K.P.S.C, R2 BY GOVERNMENT PLEADER, R3 BY SRI. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.9068/2007-D:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE NOTIFICATION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DTD. 08/01/2005.

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EXT.P.2: COPY OF THE DRIVING LICENCE OF THE PETITIONER NO.2870/95.

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EXT.P.3: COPY OF THE ADMISSION TICKET FOR WRITTEN TEST ISSUED BY THE R.1. TO THE PETITIONER.

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EXT.P.4: COPY OF THE ADMISSION TICKET ISSUED BY THE R.1. FOR PRACTICAL TEST REG. NO. 87821.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.N.RAVINDRAN , J.

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W.P.(C) No. 9068 OF 2007

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Dated this the 18^th day of November, 2010

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J U D G M E N T

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The petitioner applied for appointment to the post of Reserve Driver pursuant to Ext.P1 notification issued by the Kerala State Road Transport Corporation. The last date stipulated for submission of applications was 31.1.2005. The petitioner submitted his application on 5.1.2005. Though the petitioner possessed a valid driving licence, it was valid only till 21.12.2004. Under the proviso to section 14 of the Motor Vehicles Act, 1988, the licence would continue to be valid for a further period of 30 days meaning thereby that it was valid till 20.1.2005. He was however not allowed to appear for the practical test on the ground that he was not qualified as on the last date of submission of application i.e. 31.1.2005. This writ petition was thereupon filed seeking the following reliefs.

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“(i) Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to permit the petitioner to appear for the interview or other modes of selection process for appointment to the post of Reserve Driver in K.S.R.T.C.

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(ii) Issue an order declaring that the petitioner is entitled and eligible for being selected as Reserve

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WPC No.9068/07

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Driver pursuant to Ext.P1 notification.

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(iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to conduct a separate test, interview or other selection process to enable the petitioner to participate in them as he was illegally denied an opportunity to participate in the selection process.”

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By an interim order passed on 19.3.2007, a learned single Judge of this Court directed the respondents to provisionally permit the petitioner to participate in the selection process.

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I heard Sri. V.Philip Mathews, learned counsel appearing for the petitioner, Sri. Alexander Thomas, learned standing counsel appearing for the Kerala Public Service Commission and Sri. V.V.Nandagopal Nambiar, learned standing counsel appearing for the Kerala State Road Transport Corporation. The fact that the validity of the petitioner’s driving licence expired on 21.12.2004 and that it was only by virtue of the proviso to section 14 of the Motor Vehicles Act, 1988 that it continued to be valid till 20.1.2005 are not in dispute. The last date stipulated for submission of applications was 31.1.2005. A Division Bench of this Court has in W.A. No.655 of 2009 considered an identical issue with respect to the very same selection and held that in view of condition No.19 of general

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WPC No.9068/07

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conditions which forms part of every notification issued by the Kerala Public Service Commission, the candidate should possess the prescribed qualifications not only on the date on which they apply but also on the last date fixed for receipt of applications. It was held that if a candidate does not posses any one of the qualifications as on the last date prescribed for submission of applications, he or she cannot be treated as qualified. The Division Bench accordingly held that the petitioner in the writ petition from which W.A. No. 655 of 2009 arose did not possess a valid driving licence as on 31.1.2005 his licence having expired on 27.1.2005, even applying the proviso to section 14 of the Motor Vehicles Act. The case on hand is squarely covered by decision of the Division Bench in W.A. No. 655 of 2009. In the light of the said decision, the reliefs prayed for by the petitioner cannot be granted.

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The writ petition fails and is accordingly dismissed. It is made clear that any benefit derived by the petitioner by virtue of the interim order passed on 19.3.2007 shall stand revoked.

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P.N.RAVINDRAN, (JUDGE)

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vps

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WPC No.9068/07 4

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WPC No.9068/07 5

Shinu M.S. v. K.P.S.C. & Ors.

Case brief

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Shinu M.S. v. K.P.S.C. & Ors.

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