IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22438 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. V.N.BIJU, S/O.NARAYANAN, VELLIKKALKUNNEL, CHAKKAMPUZHA P.O., VALLICHIRA VILLAGE, MEENACHIL TALUK. 2. K.V.PRAKASH, S/O.VASUDEVAN NAIR, KUNNATHU HOUSE, ELIKKULAM P.O., ELIKKULAM VILLAGE, KANJIRAPPALLY. 3. G.PRATHAPKUMAR, S/O.GOVINDAN NAIR, CHENGALATHU HOUSE, ELAMPALLY P.O., ANICKAD VILLAGE. 4. BINOY GEORGE, S/O.GEORGE, CHERIYANNAKKAL, PRAVITHANAM. BY ADV. SRI.RAJEEV V.KURUP SMT.A.SREEKALA RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC, TRIVANDRUM. 2. THE KERALA PUBLIC SERVICE COMMISSION TRIVANDRUM, REPRESENTED BY ITS SECRETARY PSC, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, TRIVANDRUM. R1- BY SC K PRABHAKARAN R2 -BY SC ALEXANDER THOMAS R3 BY GP I V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 22438 OF 2009 ............................................ DATED THIS THE 7TH DAY OF AUGUST, 2009 JUDGMENT “CR” The petitioners are provisional conductors in KSRTC. They challenge Ext.P2 notification issued by the PSC, calling for applications for recruitment of reserve conductors in KSRTC. They having entered such category through the Employment Exchange, one can visualise their anxiety of being displaced when regular hands are recruited through PSC. The plea raised is that to be a conductor, one should possess a conductor's licence in terms of Section 29(1)of the Motor Vehicles Act, 1988, for short, the “MV Act”, and such qualification not having been prescribed in Ext.P2, the selection process itself is bad. PSC's Ext.P4 circular, that qualifications acquired after the date of notification will not be taken into account, is also pressed into service. On the basis of these materials, the petitioners seek a declaration that the examination conducted by the PSC is illegal. Wpc 22438/2009 2 2. Section 29(1) of the MV Act states that no person shall act as a conductor of a stage carriage, unless he holds an effective conductor's licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. Section 30 provides that a person who possesses the minimum educational qualification as may be prescribed by the State Government, and is not disqualified under sub-section (1) of Section 31 and who is not for the time being disqualified for holding or obtaining a conductor's licence, may apply to the appropriate licencing authority for the issuance of a conductor's licence to him. These provisions, essentially, state that one cannot act as a conductor of a stage carriage and one cannot be employed or permitted to act as a conductor of a stage carriage unless he possess the conductor's licence. Unlike driving licence, if the possession of a conductor's licence is to be treated as a qualification for applying to the post of conductor in KSRTC, that will be to have the cart before the horse. That is not the intention of Section 29 of the M V Act. KSRTC has made selection through the PSC, to identify those which could be appointed as Wpc 22438/2009 3 conductors. Such persons would enter duty as a conductor and would act as a conductor only after applying for and obtaining conductor's licence as may be required in terms of Section 29 of Motor Vehicles Act. To state that in this land of large number of educated unemployed youth, any person aspiring to become conductor in KSRTC has to first obtain conductor's licence in terms of Section 29 and then participate in the massive competition held by PSC, would be wholly irrational and contextually frivolous. I do not find any shred of constitutional or statutory support to the plea by the petitioner in this regard. All that is writ large on the face of petitioners is their anxiety of being displaced, if the list for recruitment is finalised by PSC. Writ petition fails. It is accordingly dismissed in limine. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/8