IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 9759 of 2007(J) ------------------------------------ PETITIONER: ------------------- ABDUL RAHEED, AGED 37, SON OF SHAHUL HAMEED, RESIDING AT MATHEPPALLIL VEEDU, KARICODE, CHATHINAMKULAM,CHANDANATHOPE P.O, KOLLAM -691 014. BY ADV. SRI.JOHNSON GOMEZ. RESPONDENTS: ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY SECRETARY, (VERIFICATION OFFICER AT THE TIME OF PRACTICAL EXAMINATION), THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.ALEXANDER THOMAS, S.C,K.P.S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9759/2007-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION ISSUED BY THE R.1. FOR SELECTION TO THE POST OF RESERVE DRIVER IN THE KERALA STATE ROAD TRANSPORT CORPORATION. EXT.P.2: COPY OF THE DRIVING LICENCE NUMBER 1686/95/KTR ISSUED BY THE ASSISTANT LICENSING AUTHORITY, KOTTARAKKARA. EXT.P.3: COPY OF THE ADMISSION TICKET ISSUED BY THE R.1. FOR APPEARING FOR THE WRITTEN EXAMINATION. EXT.P.4: COPY OF THE ADMISSION TICKET BEARING SL.NO.T.1214 FOR THE PRACTICAL EXAMINATION ISSUED BY THE R.1. EXT.P.5: COPY OF THE IDENTIFICATION CERTIFICATE DTD. 17/03/2007 FOR APPEARING FOR THE PRACTICAL TRAINING EXAMINATION. EXT.P.6: COPY OF THE REPRESENTATION DTD. 07/03/2007 SUBMITTED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 9759 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010 J U D G M E N T The petitioner has filed this writ petition alleging that the petitioner has not been considered by the Public Service Commission for selection to the post of Reserve Driver in the Kerala State Road Transport Transport Corporation on the ground that the petitioner does not have a proper driving license. The petitioner seeks the following reliefs: “a. To declare that the petitioner has the necessary qualifications for being considered for the selection and appointment to the post of Reserve Driver being conducted by the respondents as per Exhibit P1 notification. b. To issue a writ of Mandamus or any other appropriate writ order or direction compelling and commanding the respondents to consider the petitioner for selection to the post of Reserve Driver being conducted by the respondents as per Exhibit P1 notification. c. To issue a writ of Mandamus or any other appropriate writ order or direction compelling and commanding the second respondent to consider Exhibit P6 representation submitted by the petitioner and to pass appropriate orders thereon in accordance with law within a time frame that this Hon'ble Court may deem sufficient.” On 21.03.2007 this court passed the following interim order: “Admit. Notice by speed post with acknowledgement due returnable within 10 days. Respondents are directed to allow the petitioner to participate in the practical examination for W.P.(C)No. 9759 of 2007 -2- selection to the post of Reserve Driver in the Kerala State Road Transport Corporation to be held on March 23,2007 or any other date subsequent date in pursuance to Ext.P1 notification, provisionally and subject to further orders. It is made clear that the permission to participate in the practical examination will not confer any right on the petitioner to raise a claim for selection or appointment.” On 23.11.2010, I passed the following order: “The learned standing counsel for the P.S.C. shall get instructions as to whether in the examination, in which the petitioner has participated pursuant to the interim order, the petitioner has been included in the list. Post next week.” Again on 01.12.2010, on the submission of the learned standing counsel for the P.S.C. I passed the following interim order: Learned standing counsel for the P.S.C points out that even if the petitioner is considered as qualified, by the marks obtained by him in the written test and practical examination he would not be entitled to be included in the rank list. Counsel for the petitioner seeks time. Post after two weeks.” Today when the matter was taken up, none appears for the petitioner. In view of the fact that even if the writ petition is allowed the petitioner is not entitled to be included in the rank list, I am not inclined to consider the writ petition on merits. Accordingly the writ petition is dismissed. S. SIRI JAGAN JUDGE shg/-