IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30155 of 2010(T)
1. PADMANABHAN K.V., AGED 44 YEARS,
... Petitioner
2. VIJAYAN.P., AGED 46 YEARS,
Vs
1. DIRECTOR OF PUBLIC INSTRUCTION,
... Respondent
2. DEPUTY DIRECTOR OF EDUCATION,
3. PUBLIC SERVICE COMMISSION,
4. DISTRICT OFFICER,
For Petitioner :SRI.M.V.AMARESAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/10/2010
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
W.P.(C).No.30155 of 2010
---------------------------------------------
Dated this the 6th day of October, 2010
JUDGMENT
The Kerala Public Service Commission, as per notification
dated 12.6.2007, invited applications for the post of High School
Assistant (Malayalam). The last date for submitting the
application was 18.7.2007. The petitioners applied as per the
notification. They appeared for the written test. Notices were
issued to the petitioners to appear for verification of the
documents and also for the interview on 18th and 19th August,
2010.
2. The case of the petitioners is that on verification of
the records, one of the members of the PSC stated that the
petitioners did not have the required qualification, namely, B.Ed.
in Malayalam. Accordingly, the petitioners were not allowed to
participate in the interview. According to the petitioners, the
notification did not insist that the training qualification should be
in the subject concerned. It is contended that Ext.P3 notification,
namely, G.O.(P) No.160/09/G.Edn. dated 4.8.2009 stipulating
WPC No.30155/2010 2
that for the post of High School Assistant (Languages), the
candidates should have acquired B.Ed. in the subject concerned,
operates only prospectively and that when the notification issued
by the Public Service Commission did not insist B.Ed. Degree in
the subject concerned, Ext.P3, which was issued subsequently,
could not be applied.
3. The Standing Counsel for the Kerala Public Service
Commission produced a copy of the notification dated 12.6.2007
issued by he Kerala Public Service Commission for the post of
High School Assistant (Malayalam). Copy of the notification is
taken on record. Note 2 in the notification clearly provides that
the B.Ed Degree should be in the subject concerned, namely,
Malayalam. The petitioners have not produced the notification
along with the Writ Petition. They raised a contention that the
notification issued by the PSC did not stipulate that B.Ed. Degree
should be in the subject concerned. This contention put forward
by the petitioners is falsified by the production of a copy of the
notification by the Standing Counsel for PSC. It would appear
that there was suppression of material facts. Normally, when
material facts are suppressed, the Writ Petition would be liable
WPC No.30155/2010 3
to be dismissed with costs. However, since the petitioners
applied for the post, appeared for the written test and, were
under the hope of getting a job, I do not think that I should
impose costs on the Writ Petitioners.
For the aforesaid reasons, the Writ Petition is dismissed.
K.T.SANKARAN,
JUDGE
csl