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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
WP(C).No. 1862 of 2016 (G)
PETITIONER:
JOHN LAWERENCE, AGED 42 YEARS S/O.ALFRED, 459, PONGUVILA -9, ANCHUMARAMKARA VELLARADA, NEYYATTINKARA, THIRUVANANTHPAURAM.
BY ADVS.SRI.G.VENUGOPAL
SRI.L.RAJESH NARAYAN
RESPONDENTS:
1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM THIRUVANANTHAPURAM-695 004.
2. THE DISTRICT OFFICER
BY GOVERNMENT PLEADER SMT. M.J. RAJASREE R BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1862 of 2016 (G)
APPENDIX
PETITIONER'S EXHIBITS :-
| EXT.P1 | - | COPY OF THE NOTIFICATION DATED 31/03/2011. |
|---|---|---|
| EXT.P2 | - | COPY OF THE CONCERNED PAGES OF THE DAILY DATED 13/04/2013. |
| EXT.P3 | - | COPY OF THE LETTER DATED 03/05/2013. |
| EXT.P4 | - | COPY OF THE REPRESENTATION DATED 06/07/2015. |
| EXT.P5 | - | COPY OF THE |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
---------------------------------W.P(C). No.1862 of 2016-G
---------------------------------Dated this the 18th day of January, 2016
JUDGMENT
The petitioner had been an applicant in a notification produced at Ext.P1 of the year 2011. The petitioner was asked to appear before the Public Service Commission on 23.05.2013, for verification of documents. The petitioner was not included in the ranklist and the petitioner contends that the rejection was due to the fact that he was over-aged and he being an OBC, was entitled to relaxation of three years. However, there is nothing on record to show that the petitioner's application was
W.P(C). No.1862 of 2016-G
2
rejected only for the reason of he being overaged.
having appeared on 23.05.2013 and the petitioner ought to have taken up the issue immediately thereafter. The learned Standing Counsel appearing for the Public Service Commission also submits that as per the notification, the ranklists have already been published.
In such circumstance, there is nothing to be considered as represented in Ext.P4 dated 06.07.2015. Ext.P4 and the writ petition itself suffers from gross delay, in so far as the petitioner having not approached this Court or the Public Service Commission within a reasonable time from the date on which the
W.P(C). No.1862 of 2016-G
3
scrutiny of papers were carried out.
The writ petition would stand dismissed. No
costs.
Sd/-
K. VINOD CHANDRAN,
JUDGE.
//True Copy//
P.A. to Judge.
sp/18/01/16
2 issues framed by the court
Whether the writ petition challenging rejection from ranklist due to age without earlier objection should be entertained given gross delay.
Whether relief can be granted against a closed recruitment process where the applicant did not exhaust internal remedies promptly.
John Lawarence
Kerala Public Service Commission
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
