Kerala High Court

WP(C)/38296/2007 of JAYA KUMAR.P Vs KERALA PUBLIC SERVICE COMMISSION & ANR. on 28 December 2007

HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929 WP(C).No. 38296 of 2007(H) -------------------------- PETITIONER: --------------- JAYAKUMAR P S/O.PURUSHOTHAMAN NAIR, JAYA NIVAS,PANAVALLY P.O,CHERTHALA,PIN-688 566.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929

WP(C).No. 38296 of 2007(H)

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

PETITIONER:

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

JAYAKUMAR P S/O.PURUSHOTHAMAN NAIR,

JAYA NIVAS,PANAVALLY P.O,CHERTHALA,PIN-688 566.

BY ADV. SRI.PEARLY JOSE

RESPONDENTS:

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

1. KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,GOVT.WING

(RECRUITMENT),PATTOM,THIRUVANANTHAPURAM.

2. DISTRICT P.S.C OFFICER,K.P.S.C OFFICE, CIVIL STATION,KOZHIKODE,PIN - 673020.

BY ALEXANDER THOMAS -SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

S. SIRI JAGAN, J.

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

W.P.(C)No.38296 OF 2007

---------------------------------------- Dated this the 28[th] day of December, 2007

JUDGMENT

Page 1 of 2

The petitioner applied for the post of Clerk/Cashier in District Co-operative Banks of various districts pursuant tonotification inviting applications issued by the Kerala PublicService Commission. The last date prescribed for submission ofapplications was 24.5.2006. According to the petitioner, thepetitioner sent the applications on 22.5.2006. However, thepetitioner was not issued with hall ticket for appearing in thewritten examination scheduled to be conducted on 29.12.2007.The petitioner also submits that along with the said application,the petitioner had sent application for another post also, whichwas received before 24.5.2006. In the above circumstances the petitioner seeks the following reliefs:

“A writ of mandamus or any other writ order or direction directing respondents to include thepetitioner also in the list eligible candidate to writselection test to the post of Clerk/Cashier to bescheduled on 29/12/07.

2. A writ of mandamus or any other

appropriate writ order or direction directing thepetitioner to issue a hall ticket to writ theselection test.

3. A writ of mandamus or any otherappropriate writ order or direction directing therespondents to permit the petitioner to write theexamination provisionally.”

2. The standing counsel for the PSC on instructions submits that the petitioner's application was received by the PSConly on 25.5.2006 after the last date fixed for submission ofapplication, and therefore his application cannot be considered.

3. I have considered the rival contentions. Admittedly,the last date for submission of applications was 24.5.2006. Itwas the look out of the petitioner to see that his applicationreaches the PSC on or before the last date fixed for the same.Since the PSC submits that the application was received only on25.5.2006, I do not think that the petitioner can be given anyrelief in this writ petition. If directions are issued to entertainsuch applications, then there would be no meaning in fixation oflast date for submission of applications.

In the above circumstances, I do not find any merit in this writ petition and accordingly, the same is dismissed.

S. SIRI JAGAN, JUDGE

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