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2012 Supreme(Ker) 756

HIGH COURT OF KERALA
J.C.K. ABDUL REHIM, J.
K.S. Biju & Another
Versus
The Kerala Public Service Commission Represented By Its Chairman & Others
WP(C). No.18011 of 2012 (B)
Decided on : 19-10-2012

Advocates appeared:
For the Petitioners:R. Parthasarathy, Mrs. Seema, Advocates.
For the Respondents: R1 & R2, P.C. Sasidharan, R3, Babu Joseph Kuruvathazha, SC, KPSC.

Headnote:Constitution of India, Articles 14 and 16 -Recruiting agency has no power to depart from the qualification which is held for the purpose of recruitment.

JUDGMENT

C.K. Abdul Rehim, J.

1. Subject matter involved in these writ petitions pertains to rejection of candidature for direct recruitment to the post of 'Reserve Drivers' in the Kerala State Road Transport Corporation (KSRTC). The selection process started when Public Service Commission (PSC) published Notification dated 15.7.2010 inviting applications. The reason for rejection of candidature in all these cases is that, the petitioners were not holding valid heavy vehicle Driving Licences as on the last date prescribed for receipt of applications, as on the date of practical test, and as on the date of interview. Even though factual matrix pertaining to validity of licence in each case differs to certain extent, the basic issues common in all these cases need be decided. Therefore all these cases are considered together and disposed of through this common judgment. However, it is proposed to render separate conclusions based on distinct facts in each of the cases, after deciding the common issues.

2. In the Notification issued by PSC (Exhibit P1 produced in many of the cases) one among the qualification prescribed is as follows:

"Driving licence issued after 16.1.1979 must have endorsements both for heavy goods and heavy passengers vehicle and application having licence with only one endorsement will be summarily rejected (vide amendment No.47/7B) to the Motor Vehicles Act). The driving licence should be a current one on the date of application." (emphasis supplied)

The last date for receipt of applications fixed under the Notification was 18.8.2010. Petitioners in these cases applied on different dates, within the last date prescribed. Selection process include different stages such as, physical measurement and certificate verification, practical test (H test + Road test) and written test. In some of the cases the applications were rejected through letters issued by PSC mentioning the reason that as on the last date stipulated for receipt of applications those candidates were not holding valid driving licences. In some other cases the petitioners were not allowed to participate in the practical test, either in the 'H-Test' or in the 'Road Test', on the ground that they were not holding valid licences as on the date of such test. In many of the cases where the petitioners were not permitted to participate in the practical test and written test, this Court had issued interim directions for their provisional participation either in the practical test or in the written test. But the results with respect to those candidates are not published.

3. Grounds raised against rejection of candidature are many folded. One of the main controversy is as to whether the candidates should possess valid licence as on the last date prescribed for receipt of applications, as on the date of practical test, and as on the date of interview. Stand taken by the PSC is that, the candidates should have possessed valid licences as on all the three dates. According to PSC, such an insistence was made through an Erratum Notification issued on 13.10.2010. The petitioners in all these cases, except in WP(C) Nos. 14336 of 2012, 1077 of 2012, 15811 of 2012 and 19893 of 2012, are challenging sustainability of the Erratum Notification. Even though in most of the cases there is no prayer as such to quash the Erratum Notification, I am of the view that a decision on this point is essential in order to resolve the main controversy.

4. Even with respect to contents of the 'Erratum Notification' there is inconsistency. Copies of the Kerala Gazette Extra Ordinary, dated 15th November, 2010, both in English and Malayalam are produced for my perusal. Both will indicate that the conditions stipulated in Clause 7(1) of the original Notification that, "The driving license should be a current one on the date of application" stands corrected. The corrected version in the Gazette Notification published in English is reproduced below:

"Candidates shall possess Current Drivin







































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