IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 37458 of 2009(B) -------------------------- PETITIONER(S): ------------------- 1. DEEPU.K.T., KARITHALAPARAMBIL HOUSE, KURIKKADU.P.O, ERNAKULAM. 2. DINESH.K.T, KARITHALAPARAMBIL HOUSE, KURIKKADU.P.O, ERNAKULAM. 3. JINESH.V.K, VEENAPLACKAL HOUSE, PERINGALA.P.O, ERNAKULAM DISTRICT. 4. SAJITH.P.K, PAINGALATHIRA, ERMALLOOR.P.O, CHERTHALA, ALAPPUZHA. 5. AJI.P.V, PARACHALIL HOUSE, ALLAPARA.P.O, PERUMBAVUR, ERNAKULAM DISTRICT. 6. BAIJU.G, MANGALATH HOUSE, KEZHAKKARA.P.O, MUVATTUPUZHA. 7. MANOJ.T.V, THEVARMADATHIL HOUSE, KEZHILAM.P.O, PERUMBAVUR. BY ADV. SRI.K.C.CHARLES SRI.M.POLY MATHAI RESPONDENT(S): -------------------- 1. THE CHAIRMAN AND MANAGING DIRECTOR, K.S.R.T.C, THIRUVANANTHAPURAM. WPC NO.37458/09 -2- 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. SRI.V.V.N.NAMBIAR, SC FOR KSRTC SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 37458 OF 2009 (B) ===================== Dated this the 19th day of January, 2010 J U D G M E N T The grievance in this writ petition is against Ext.P2 notification issued by the KSRTC for filling up the post of Blacksmith Grade II, in so far as it excludes Traditional Blacksmiths from consideration. 2. According to the petitioners, by Ext.P1 notification, issued in 1999, KSRTC took steps for filling up 171 posts of Blacksmith Grade II. The qualifications notified included traditional Blacksmiths with 5 years experience. It is stated that certain vacancies remained unfilled and to fill up those vacancies, Ext.P2 notification has been issued. Petitioners contend that though Ext.P2 in effect is only a continuation of Ext.P1, in Ext.P2, traditional Blacksmiths have been excluded from the eligible category. Aggrieved by this, they filed Ext.P3 representation complaining of exclusion of traditional Blacksmith in Ext.P2. No response was forthcoming and therefore the writ petition is filed. 3. Learned Standing counsel for the respondents has produced before me order No. 1012/GL2/97/RTC dated 28th of May WPC 37458/09 :2 : 2009 issued by the respondent amending the qualification for direct recruitment to the post of Blacksmith Grade II. Amended qualification reads as under:- Qualification:- ITI Certificate in the Trade of Blacksmith/Forger and Heat Treatment/Sheet Metal/ Fitter/Diesel Mechanic/Mechanic Motor Vehicle/Welder with not less than 3 years experience in any body building or body repair workshop having SSI registration. 4. Thus, it is obvious that after Ext.P1 was issued and before Ext.P2 notification is now issued, the qualification has been amended and that the qualification in Ext.P2 is the amended qualification. 5. Being a post to be filled up by direct recruitment, the qualification at the time when notification is issued is what is relevant. Therefore even if it is accepted that what is intended to be filled up are the vacancies which remained unfilled, the qualification to be applied is the qualification presently in vogue. As the qualification presently in vogue is the qualification as amended by the order date 28th of May 2009 referred to above, WPC 37458/09 :3 : which is incorporated in Ext.P2. I see no substance in the complaint in the writ petition. Writ petition therefore fails and is dismissed. ANTONY DOMINIC, JUDGE Rp