IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2674 of 2010(H) --------------------------------- PETITIONER(S): ------------------------ SIJESH K.PAUL, ALOORKOKKAN HOUSE, KIZHAKKEPURAM, ARANATTUKARA, THRISSUR. BY ADV. MR.P.RAMAKRISHNAN RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD. BY ADV. MR.ALEXANDER THOMAS, SC, PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 2674 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010 J U D G M E N T The petitioner was an applicant for the post of Driver Gr.II (HDV). The Public Service Commission invited application for the said post as per Ext.P1 notification. The last date for receipt of application was 14.2.2007. The qualification prescribed for the said post was as follows:- “7. Qualification (for both direct & by promotion/Transfer category). 1.a pass in VII Standard/III Forum 2.Must possess valid Driving Licence of three years standing in each category with Badge. 3.Proficiency in driving – Medium/Heavy goods/Passenger Motor vehicles which is to be provided by a Practical Test conducted by the Kerala Public Service Commission during the course of selection.” 2. The petitioner was permitted to participate in the written test held by the Commission and subsequently he was included in the short list published on 18.8.2009. Later, at the time of verification of the documents, it was found that the petitioner was not having valid Driving Licence as contemplated under Clause 7(2) of the said notification. WPC.2674 of 2010 : 2 : Indisputably, the petitioner was not possessing a driving licence to drive a Heavy Duty Vehicle as on 15.3.2004. The petitioner did not have any contention that he obtained a driving licence to drive HDV Vehicle on or before 15.3.2004. In view of the said admitted position, the petitioner cannot contend that he was possessing a valid driving licence in the manner prescribed under the notification as on 14.2.2007. Going by condition No.19 of the general conditions, the PSC is bound to consider the question with respect to the qualification possessed by an applicant with reference to the last date of receipt of application. Admittedly, in this case, the petitioner did not have the driving licence required to earn eligibility for applying to the post of Driver Grade II(HDV). Therefore no illegality can be attributed in the action of the Commission in rejecting the application for the petitioner for selection to the said post. In this circumstances, the writ petition is liable to be fail and accordingly it is dismissed. (C.T. RAVIKUMAR, JUDGE) jma