IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 29258 of 2007(G) ---------------------------------------- PETITIONER(S): --------------------------- RAJI V.P., VELLIPULACKAL HOUSE, MANACKELPADI, CHUNANGADU P.O., OTTAPPALAM, PALGHAT DISTRICT. BY ADV. MR.JOSHI N.THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 3. UNDER SECRETARY, GOVERNMENT WING (RECRUITMENT), OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-4. R1 BY SR. GOVERNMENT PLEADER MR. P.NANDAKUMAR R2 & R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29258/2007 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTIFICATION COLLECTED FROM THE WEBSITE OF 2ND RESPONDENT. P2: COPY OF THE INTERNET INFORMATION COLLECTED FROM THE WEBSITE OF THE 2ND RESPONDENT. P3: COPY OF THE APPLICATION FORMDTD. 15/05/2007. P4: COPY OF HALL TICKET ISSUED TO ONE OF THE APPLICANTS TO REEBA.B. P5: COPY OF REPRESENTATION DTD. 27/09/07 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P6: COPY OF POSTAL RECEIPT NO.RLADA 8472 DTD. 27/09/2000 ISSUED BY PATTOM PALACE POST OFFICE. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE NOTIFICATION PAGE OF THE WEBSITE. R2(B): COPY OF THE PRINTOUT. R2(C): COPY OF THE PREVIOUS NOTIFICATION DETAILS. R2(D): COPY OF THE GAZETTE NOTIFICATION. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN ==================== W.P. © No.29258 of 2007 – G ==================== Dated 25th May, 2009 JUDGMENT Heard Sri.Joshi N. Thomas, the learned counsel appearing for the petitioner, Sri.P.Nandakumar, the learned Senior Government Pleader appearing for the State of Kerala and Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. By a notification published in the Kerala Gazette Extraordinary dated 28.3.2007, the Kerala Public Service Commission, hereafter referred to as ‘the Commission’ for short, invited applications for appointment by direct recruitment to the post of Medical Officer (Homoeo)/Assistant Insurance Medical Officer (Homoeo) in the Homoeopathy/Insurance Medical Service. The category number of the post of Medical Officer (Homoeo)/ Assistant Insurance Medical Officer (Homoeo) was No.108/2007. The last date stipulated in the notification for submission of applications was 2.5.2007. The petitioner did not admittedly apply within the said time limit. Since 2.5.2009 was a public holiday for Central Government offices including W.P.(C) No.29258/2007 -:2:- Post Offices, due to ‘Buddha Pournami’, the Commission decided to extend the last date for submission of applications for various posts including the post of Medical Officer (Homoeo)/Assistant Insurance Medical Officer (Homoeo) from 2.5.2007 to 9.5.2007. Ext.R2 (d) notification dated 2.5.2007 thus extending the last date from 2.5.2007 to 9.5.2007 was published in the Kerala Gazette Extraordinary dated 3.5.2007. The Commission had on the day the notification relating to the post in question was issued, also invited applications for appointment by direct recruitment to the post of Excise Preventive Officers. The last date originally fixed for submission of applications to that post was 30.5.2007. The last date fixed for the submission of applications for appointment to the post of Excise Preventive Officer was not extended and this fact was specifically mentioned in Ext.R2 (d) notification. 3. After the last date fixed for submission of applications was extended from 2.5.2007 to 9.5.2007, the petitioner applied for appointment to the post of Medical Officer (Homoeo)/Assistant Insurance Medical Officer (Homoeo). Her application dated 15.5.2007 was received in the office of the Commission at Thiruvananthapuram on 16.5.2007. The said application was rejected on the short ground that it was submitted beyond time. Hall tickets were issued to candidates who had applied in time to appear for the written W.P.(C) No.29258/2007 -:3:- examination held on 6.10.2007. The petitioner thereafter sent Ext. P5 representation to the Chairman of the Commission on 27.9.2007 pointing out that though she had applied for the post, till date, the hall ticket has not been issued to her. It is stated therein that she was under the impression that the last date prescribed for submission of the application was 30.5.2007. In Ext.P5 she requested the Chairman to issue a hall ticket to her so as to enable her to appear for the written examination scheduled to be held on 6.10.2007. In Ext.P5, she also contended that on the website of the Commission it was stated that the last date for submission of application was 30.5.2007. This writ petition was thereafter filed on 3.10.2007 seeking the following reliefs: “(a) Issue a writ of mandamus or appropriate writ, order or direction, commanding the 2nd respondent to issue hall ticket to the petitioner on the basis of Ext.P3 application form and further be pleased to direct the 2nd respondent to permit the petitioner to write the examination conducted by the 2nd respondent scheduled to be held on 6.10.2007; (b) Issue a writ of mandamus or appropriate writ, order or direction directing the 2nd respondent to dispose of Ext.P5 representation forthwith;” The petitioner contends relying on Ext.P2 produced along with the writ petition that as per the statement therein the last date was extended up to 30.5.2007 and therefore her application was within time. W.P.(C) No.29258/2007 -:4:- 4. When this writ petition came up for admission on 4.10.2007, this Court passed the following interim order: “There will be an interim order directing the 2nd respondent to permit the petitioner to participate in the written examination for selection to the post of Medical Officer (Homoeo)/Assistant Insurance Medical Officer (Homoeo) – Category 108/2007 scheduled to be held on 6.10.2007, provisionally. It is made clear that the result of the petitioner shall be published only after obtaining orders from this Court. It is also made clear that the participation of the petitioner in the examination will not confer any right on her whatsoever.” 5. The Commission has filed a counter affidavit contending that the date 30.5.2007 mentioned in Ext.P2 relates only to the post of Excise Preventive Officer in the Excise Department ad not to the post of Medical Officer (Homoeo)/Assistant Insurance Medical Officer (Homoeo), the post in respect of which the petitioner had submitted her application. The Commission has along with the counter affidavit also produced Ext.R2 (d), the Gazette notification extending the last date for submission of applications from 2.5.2007 to 9.5.2007. 6. I have considered the submissions made at the Bar by the learned counsel appearing on either side. A fax copy of the application submitted by the petitioner was made available by the learned standing counsel appearing for the Commission. It bears the date 15.5.2007. It was admittedly W.P.(C) No.29258/2007 -:5:- received in the office of the Commission on 16.5.2007. Ext.P3 produced along with the writ petition which is a copy of the application submitted by the petitioner also shows that it is dated 15.5.2007. From the pleadings and the materials on record, it is evident that the petitioner’s application is dated 15.5.2007 and that it was received in the office of the Commission only on 16.5.2007. The short question that arises for consideration is whether the petitioner’s application was submitted within time. While the petitioner contends that the last date for submission of applications was 30.5.2007, the stand taken by the Commission is that the last date was 9.5.2007. The petitioner relies on Ext.P2 print out from the website to contend that the last date was 30.5.2007. In my opinion, in the light of Ext.R2 (d) Gazette notification, the petitioner’s contention must fail. Besides producing Ext.P2 print out, the petitioner has not been able to show that the last date was extended up to 30.5.2007. If Exts.P2 and R 2 (d) are read side by side, it is evident that the Commission is right in its stand that the last date prescribed for submission of applications in relation to the post in question was extended only up to 9.5.2007. The petitioner’s application is admittedly dated 15.5.2007. That by itself would show that it was beyond the time limit fixed for submission of applications. I therefore hold that the petitioner’s application was belated and was liable to be rejected on that short ground alone. W.P.(C) No.29258/2007 -:6:- 7. The learned counsel appearing for the petitioner however contends that as the petitioner was permitted by this Court to appear for the written test held on 6.10.2007 and as she had appeared in the examination, her application may be treated as a valid application and the results declared. In my opinion, the said request cannot be entertained. In the interim order passed on 4.10.2007, this Court had clarified that the petitioner’s participation in the examination will not confer on her any right whatsoever. The petitioner was permitted to appear for the examination only on a provisional basis. On the terms of the interim order passed by this Court on 4.10.2007, the petitioner cannot contend that her appearance in the written test should be treated as regular. As the petitioner’s application was belated, her application was liable to be rejected. She had no right to appear for the written test held on 6.10.2007. For the reasons stated above, I hold that there is no merit in this writ petition. The writ petition fails and is accordingly dismissed. No costs. P.N.RAVINDRAN Judge RAV