IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27243 of 2008(R)
1. ANTONY VARGHESE.V.V,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. KERALA PUBLIC SERVICE COMMISSION,
3. THE DISTRICT OFFICER,
For Petitioner :SMT.K.S.SAIRA
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :27/05/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 27243 of 2008
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Dated this the 27th day of May, 2009
JUDGMENT
Heard Sri. A.Anilkumar, the learned counsel
appearing for the petitioner, Smt. Anu Sivaraman, the
learned Government Pleader appearing for the first
respondent and Sri. Alexander Thomas, the learned
standing counsel appearing for respondents 2 and 3.
2. The petitioner was an applicant for appointment to
the post of Police Constable in the Armed Police Battalion in
Ernakulam District. As per the notification inviting
applications, the last date fixed for receipt of applications
was 17-10-2006. According to the petitioner, he had applied
within time. This writ petition was filed, when the petitioner
was not invited to appear for the written test held on 6-9-
2008. By reason of the interim order passed by this Court,
he was provisionally permitted to appear for the written
test held on 6-9-2008.
3. The Kerala Public Service Commission has filed a
WPC 27243/08 2
counter affidavit stating that the application submitted by
the petitioner was received only on 25-10-2007, eight days
after the last date fixed for the receipt of applications.
Relying on the decision of this Court in Binimil K.G. V.
K.P.S.C. (1997(2) KLJ 477) the Commission contends that
the application submitted by the petitioner cannot be
entertained.
4. As directed by this Court, the learned standing
counsel for the Commission made available to me the
original of the postal cover in which the petitioner had sent
the application along with the original of the application.
Though the application is dated 10-10-2007, the postal
cover in which it was sent to the District Office of the
Kerala Public Service Commission at Ernakulam discloses
that it was received at Ernakulam for delivery to the
District Officer only on 25-10-2007. The endorsement made
by the District Officer on the original of the application also
shows that it was received only on 25-10-2007. The last date
fixed for receipt of applications was 17-10-2007. The last
WPC 27243/08 3
date was not extended. As the petitioner’s application was
received belatedly, the Commission was right in rejecting
the application. In the light of the authoritative
pronouncement of this Court in Binimil K.G. V. K.P.S.C.
(Supra, no relief can be granted to the petitioner.
This writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN,
JUDGE.
mn.