IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6185 of 2010(W) ------------------------- PETITIONER(S): --------------- SHEBEENA PAUL, D/O.PAUL, AGED 22 YEARS, RESIDING AT SHALOM VILLA, NEAR KURVA BRIDGE, P.O.KADALAYI, KANNUR 670 007. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): --------------- 1. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KANNUR. 2. THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV.SRI. ALEXANDER THOMAS - SC FOR R1 A ND R2 GOVT. PLEADER SRI. ANTONY MUKKATH - R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 6185 OF 2010 -------------------------------------------- Dated this the 1st day of March, 2010 JUDGMENT The petitioner applied for appointment to the post of Clerk/Cashier in the District Co-operative Bank pursuant to the notification issued by the second respondent dated 25.4.2006. The last date for submission of application was 24.5.2006. This Writ Petition is filed on being aggrieved by the rejection of her application on the ground that on the last date of receipt of application she was not qualified. 2. Admittedly, the result of B.Com Degree of the University of Kannur was published only on 30.5.2006 and the last date for submission of application pursuant to the notification dated 25.4.2006 was 24.5.2006. Thus, indisputably, the petitioner was not qualified as on the last date of submission of applications as her result in the B.Com Degree examination was officially published only after 24.5.2006. The fact that the petitioner was permitted to partake in the examination cannot be a ground for allowing this Writ Petition in such admitted factual position. The question involved in this case is squarely covered against the petitioner in the decision of the Hon'ble Apex Court in Charles K. Skaria v. C.Mathew reported in AIR 1980 SC 1230. Going by the dictum laid down by the Hon'ble Apex Court, the contention of W.P.(C) NO.6185/2010 2 the petitioner that she should be deemed to have been acquired the qualification prior to the last date of submission of application on account of the fact that the result was published on 30.5.2006 and she came successful in the examination, cannot be accepted. The question is whether the result was published before the last date of submission of application viz., 24.5.2006. In the context of the contentions raised by the petitioner, condition No.19 under the general conditions assumes relevance. The P.S.C is bound to consider the eligibility of the applicants based on the qualifications of the concerned candidate as on the last date of submission of the applications. Admittedly, in this case, the petitioner acquired the prescribed qualification viz., B.Com Degree only on 30.5.2006 ie., after the last date of submission of application. Thus, indisputably, she was not qualified at the time of submission of application or on the last date of submission of applications. I have already considered a similar question in W.P.(C).No.1321/2010 and the same was dismissed following the decision in Charles K.Skaria's case (supra). In the light of the said position, I am of the view that the petitioner cannot succeed in this Writ Petition. Accordingly, the Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.6185/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. 6185/2010 JUDGMENT 1st March, 2010