IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 888 of 2007()
1. SIBY M.C.,
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. UNDER SECRETARY,
For Petitioner :SRI.T.A.RAJAGOPALAN
For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/04/2007
O R D E R
P.R.RAMAN & ANTONY DOMINIC, JJ.
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W.A.NO. 888 OF 2007
======================
Dated this the 3rd day of April, 2007
J U D G M E N T
P.R.Raman, J.
The appellant/petitioner was an aspirant for the post of
Reserve Driver in the Kerala State Road Transport Corporation. He
responded to Ext.P3 application issued by the Kerala Public Service
Commission. He was removed from the short list against which he
preferred the original petition.
2. The learned Single Judge found that the petitioner was
not able to satisfy that he possess the requisite qualification as on
the date of Ext.P3 and hence dismissed the original petition against
which the present appeal is preferred.
3. The counsel appearing for the appellant would submit
that the reason for rejection of his application from being
considered is that he has not completed seven years after obtaining
an LMV licence and that he was issued with LMV licence on 21/11/99
and the last date for receipt of the application was on 31/1/05. It is
his contention that as per item 7 of Ext.P3 notification, the
qualification prescribed does not specifically refer to seven years
experience after obtaining an LMV licence. According to the
WA 888/2007
: 2 :
appellant, it merely says that the candidate should be a person
having a driving licence and the appellant is having an
autorickshaw driving licence. Subsequently, LMV licence was also
obtained on 1999. Therefore his experience after obtaining an
autorickshaw driving licence is sufficient qualification as
prescribed. We cannot agree. The post to which applications are
invited is Reserve Drivers post in the Public Transport
Corporation. Necessarily the Driver should possess necessary
experience to drive the heavy duty vehicle pursuant to post
qualification experience after obtaining the LMV licence. Merely
because the appellant possess a driving licence for driving a three
wheeler is not what is intended by the notification prescribed in
the qualification as per item 7 as noticed above. The view taken
by the learned Single Judge being a plausible view, we do not
think we could interfere with such finding.
In the circumstances, we find no merit in the writ appeal.
Dismissed.
P.R.RAMAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp