IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 15993 of 2010(Y) ----------------------------------- PETITIONER(S): ---------------------- 1. ARUNKUMAR L.L., AGED 25 YEARS, S/O.LAZAR, VELIYAVILAKAM, KAVILPURAM, PANACOD-THIRUVANANTHAPURAM, PIN 695 542. 2. JAMES JOPHY JOSE, AGED 26, S/O.K.C.JOSE, KIZHAKKETHALACKAL, KAPPADU P.O.-KANJIRAPPILLY, KOTTAYAM DISTRICT. 3. VISHNUKUMARAN.E., 28 YEARS, S/O.KRISHNAN, EYYAMMADAKAL HOUSE, VILATHUR PO, THIRUVEGAPPURA, PALAKKAD DISTRICT-679 304. 4. KRISHNANUNNI K.P., AGED 37 YEARS, S/O.K.P.K.UNNITHAN, "SREERAGAM"- G.S.SADAN P.O., PERUR, VIA-OTTAPPALAM, PALAKKAD DISTRICT-679 302. 5. RAMANUNNI C.V., AGED 33 YEARS, S/O.C.R.VISWANATHAN, CHUNDAPRAMBIL HOUSE, CHERUKULAM P.O., KOTAI (VIA)- PALAKKAD DT. 6. SMITHA SANKAR, AGED 34 YEARS, D/O.SANKARAN, VIKAS BHAVAN, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI DISTRICT. 7. VINI C.R., AGED 25 YEARS, D/O.RAVEENDRANATH, SREESAILAM, MAKKARAPARAMBU, MALAPPURAM DISTRICT. 8. ANUPRIYA C.P.,AGED 24 YEARS, D/O PRABHAKARAN C.S., CHALAVANA HOUSE, AMBALAMUGAL P.O., ERNAKULAM DISTRICT. 9. SHERMIN.K.JAMES, 24 YEARS, D/O.JAMES K.G., KALARICKAL HOUSE, MANJUMEL P.O., UDYOGAMANDAL. WP(C).No. 15993 of 2010(Y) 10. BIJI T.N., 35 YEARS, D/O.T.K.NARAYANAN, THADATHIL HOUSE, NELLAD P.O., ERNAKULAM DISTRICT. 11. SHAKEELA O.P., AGED 25 YEARS, D/O.SAIDALI O.P., OTHUKKUMPURATH HOUSE, MANNARMALA P.O., PATTIKKAD (VIA), MALAPPURAM DISTRICT. 12. RAZEENA BEGUM P.S., AGED 33 YEARS, D/O.SAINALABDEEN P.A., EDAPPARAMBIL HOUSE, THAZHATHANGADI P.O., KOTTAYAM DISTRICT 686 005. 13. SIBY JOSEPH, AGED 29 YEARS, S/O.JOSEPH, CHELAPPURATH HOUSE, VELLIAPPILLY- RAMAPURAM BAZAR P.O., PALA- KOTTAYAM DISTRICT. 14. VIDYA K.P., AGED 25 YEARS, D/O.K.T.PRAKASAN, KARATTUPARAMBIL HOUSE, PERINGOTTUKARA- THRISSUR DISTRICT. 15. NOUFAL, AGED 26 YEARS, S/O.SAIDALIKUTTY, KINANGATTIL HOUSE, CHEMBRA P.O., PALAKKAD DISTRICT: 679 304. 16. MINI ALEX, AGED 35 YEARS, D/O.ALEX, MARUTHANAL, CHENGALAM SOUTH P.O., KOTTAYAM 686 022. 17. SIMNA S.STEPHEN, AGED 24 YEARS, D/O.STEPHEN C.S.SOUPARNAM, KANCHAMPAZHIRINJI P.O., POOVAR, THIRUVANANTHAPURAM DIST. 695 525. 18. REMYA M.V.AGED 25 YEARS, W/O.SETHUMADHAVAN, VAYIKKATTIL HOUSE, P.O.VADANAPPILLY-THRISSUR. 19. JASEENA C.H., AGED 25 YEARS, W/O.MOOSA, CHOLACKKATHODI HOUSE, VANDOOR, MALAPPURAM DISTRICT. 20. PRASAD T.K.AGED 28 YEARS, THONDICKANDI HOUSE, MUYIPPOTH P.O.-MEPPAYUR, KOZHIKODE DISTRICT. 21. SREEKUMAR V.R., AGED 25 YEARS, S/O.V.VELAYUDHAN NAIR, SREE BHAVANAM, MANCHAMMOOLA P.O., NEDUMANGAD: 695 541. 22. SHIHAB U.M., SARAMMA MANZIL, PADNE KADAPPURAM P.O., KASARAGOD PIN: 671 312. WP(C).No. 15993 of 2010(Y) 23. SINDHU K.C., PADMASREE HOUSE, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT: 676 725. 24. JYOTHSNA, AGED 35 YEARS, W/O.PRADEEP, KUNNUMMEL HOUSE, EDAKKARA P.O., MALAPPURAM DISTRICT. 25. JACQUILINE.P., AGED 36 YEARS, D/O.P.PETER, KUNNUPARAMBIL HOUSE, MEKKAD- CHAVARA P.O., KOLLAM: 691 583. 26. ANTO VINCENT, AGED 28 YEARS, S/O.JOHN VINCENT, PANJIRATHANAM- PALACKAL THAKIDI P.O., KUNNATHANAM- THIRUVALLA: PATHANAMTHITTA DT.689 581. 27. LIMNA K.K., AGED 30 YEARS, SREE NILAYAM, KONGATTU, PATHAYAKUNNU P.O., THALASSERY VIA- KANNUR DT. 670 691. 28. NAJEERA NAZAR, AGED 30 YEARS, W/O.A.NAZER, "CRESCENT", KUNJALAMMOODU- KARAMANA P.O., THIRUVANANTHAPURAM: 695 002. 29. SEBASTIAN P.J., AGED 29 YEARS, S/O.JOSEPH, PARAKKAL MANIKODE, NEERVARAM P.O., WAYANAD. 30. SAMEERA M.K., AGED 27 YEARS, MUNDIYANKAVIL, KALLAMKADU KUNNU, PORUR P.O.- VANIAMBALAM (VIA), MALAPPURAM DISTRICT: 679 339. 31. DEEPA P., AGED 24 YEARS, D/O. P.BALAKRISHNAN, CHALACKATHODI HOUSE, THURACKAL P.O.- KONDOTTY, PIN: 673 638, MALAPPURAM. BY ADV. SRI.R.RANJITH SRI.M.T.SURESH KUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. WP(C).No. 15993 of 2010(Y) 2. KERALA PUBLIC SERVICE COMMISSION, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. LAL BAHADUR SASTRI CENTRE FOR SCIENCE AND TECHNOLOGY, PALAYAM, NANDAVANAM, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR. R1 BY GOVERNMENT PLEADER MR.DILIP MOHAN R2 BY STANDING COUNSEL MR. ALEXANDER THOMAS R3 BY STANDING COUNSEL MR.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 15993 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June, 2010 J U D G M E N T The petitioners are aspirants to the post of Higher Secondary School Teacher. The 3rd respondent has issued notification inviting applications for selection to the post of Higher Secondary School Teacher (Senior) as per Gazette notification(Extra ordinary) dated 30.4.2010. The last date fixed for on-line submission of application is 2.6.2010. The petitioners have already applied for appearing in the State Eligibility Test which is an essential qualification for the post of Higher Secondary School Teachers and the said test is scheduled to be held on 6.6.2010. In the said circumstances that the petitioners approached this court with the following prayers:- i) Issue a writ in the nature of mandamus commanding the 2nd respondent to enlarge the time frame fixed for accepting applications to fill up the post of HSST, which has been announced vide Ext.P1 notification, until results of SET Examination, which is announced to be held on 6.6.2010, are published by the 3rd respondent. ii) Issue a writ in the nature of mandamus commanding the 3rd respondent to publish the result of SET Examination which will be held on 6.6.2010, within a time frame fixed by this Hon'ble Court. WPC.15993/2010 : 2 : 2. Rule 5 of the Special Rules for Kerala Higher Secondary Education State Service prescribe the qualifications for appointment to the post of Higher Secondary School Teacher in various subjects and Rule 5(iii) is relevant for the purpose of the case. It reads thus: iii. Must have passed the State Eligibility Test for post of Higher Secondary School Teacher conducted by Government of Kerala or by the agency authorised by the State Government. 3. Evidently, the petitioner do not possess the SET qualification and thus they are ineligible to apply for the aforesaid post. In essence, the prayer of the petitioners is to postpone the last date for the on-line submission of the application in such a manner to enable them to acquire the SET qualification and thus earn eligibility to apply for the post of HSST(Senior). They attribute latches on the part of the first respondent in not conducting the State Eligibility Test even after prescribing the same as one of the essential qualifications for the post of HSST. 4. Admittedly, pass in State Eligibility Test is one of the essential qualification for the appointment to the post of Higher Secondary School Teacher and the petitioner lack the said qualification. The last date for online submission of WPC.15993/2010 : 3 : application pursuant to the notification dated 30.4.2010 is 2.6.2010 and it is definite that the petitioners cannot acquire the said qualification on or before 2.6.2010. The question is whether the last date for receipt of online submission of the application be postponed at the request of the petitioners merely because the Government had not conducted SET during the period between 29.9.2008 and 2.6.2010 and that they are appearing in the SET on 6.6.2010. Whether those reasons are enough to invite interference with the fixation of last date for receipt of applications in a notification issued by Kerala Public Service Commission. In fact, there is no challenge in the writ petition regarding the validity of the notification and the petitioners have no case that the Public Service Commission have prescribed a qualification which is not there in the special rules as per the aforesaid notification. In the absence of any such allegations, I am of the view that a notification issued by the PSC for a selection cannot be interfered with this court and even the attribution of omission on the part of the first respondent to hold SET after 28.9.2008 till 6.6.2010, cannot invite any interference. Prescription of the last date for submission of application is also, no doubt, a matter for the recruiting agency to decide and the date fixed WPC.15993/2010 : 4 : by PSC cannot be directed to be extended till the result of SET scheduled to be held on 6.6.2010, is published. Any such interference would definitely affect finalisation of a selection process. In a selection process initiated by the PSC no candidate who lacks the prescribed qualification as on the last date of receipt of the application can be permitted to participate the alternate prayer made by the petitioners is also untenable. For all these reasons I am of the view that the last date for submission of application in respect of the selection in question fixed as 2.6.2010 by the PSC cannot be interfered with merely because it would disable the petitioner from acquiring the SET qualification and to take part in the said selection process. In the circumstances I found no merit in the contentions of the petitioners and accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge