High Court Kerala High Court

Baiju.K.D vs Kerala Public Service Commission on 16 September, 2008

Kerala High Court
Baiju.K.D vs Kerala Public Service Commission on 16 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20788 of 2008(Y)


1. BAIJU.K.D, S/O.K.S.DIVAKARAN, KANDATHIL
                      ...  Petitioner

                        Vs



1. KERALA PUBLIC SERVICE COMMISSION, PATTOM
                       ...       Respondent

2. THE DIRECTOR OF MEDICAL EDUCATION,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/09/2008

 O R D E R
                           ANTONY DOMINIC, J.

                         ===============
                     W.P.(C) NO. 20788 OF 2008 Y
                   ====================

              Dated this the 16th day of September, 2008

                              J U D G M E N T

Responding to the notification issued by the 1st respondent for the

post of Instrument Mechanic in Medical Education Department, petitioner

submitted an application. The special qualification prescribed was Diploma

in Mechanical Engineering with minimum one year experience in

“Manufacturing and Servicing” of Scientific equipments or Industrial

Training Institute Certificate in Instrument Mechanic Trade with atleast 3

years experience in the “Manufacture and servicing” preferably Optical

instruments, Electro-medical equipments etc. The application made by the

petitioner was initially rejected on the ground that the experience

certificate produced was defective.

2. Thereupon, the petitioner filed a writ petition before this court

as WP(C) No.34201/07. During the pendency of the writ petition, petitioner

obtained Ext.P5 certificate to the effect that he had experience in “repair

and service charge of various instruments in the hospitals”. Thereafter,

when the above writ petition came up for orders before this court, the

case was disposed of by Ext.P6 judgment, directing that the application

WPC 20788/08
:2 :

made by the petitioner shall be processed and considered taking into

account Ext.P5 certificate as well.

3. Accordingly, the matter was considered by the 1st respondent

and by Ext.P7, the certificate was held to be inadequate as the petitioner

did not have the experience in “Manufacture and Servicing” prescribed in

the notification issued.

4. Evidently, even Ext.P5 certificate only testifies the experience

of the petitioner in repair and service while the prescribed experience is in

manufacture and servicing. Thus the petitioner admittedly lacks

experience in manufacture and therefore, I do not find anything irregular

in Ext.P7 communication issued by the 1st respondent rejecting the

candidature of the petitioner.

Writ petition is only to be dismissed and I do so.

ANTONY DOMINIC, JUDGE
Rp