IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 20 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.34488/2008 Dated 26/11/2008 .................... APPELLANT: PETITIONER: ------------------------- HEMACHANDRAN NAIR.S, S/O.K.SASIDHARAN NAIR, SASI VIHAR, THALIKKAMUKAL, KARIPPOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. SECRETARY, PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM. ADDL. RESPONDENT: 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. (SUO MOTU IMPLEADED AS ADDL. 4TH RESPONDENT AS PER ORDER DT. 13.2.2009 IN THE W.A.) GOVERNMENT PLEADER SMT. R. BINDU FOR R4 SRI.ALEXANDER THOMAS, SC FOR PSC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.A. NO. 20 OF 2009 ----------------------------------------- Dated 13th February, 2009. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. The appellant was an applicant to the post of High School Assistant (Maths), when applications were invited for appointment to the post by the Public Service Commission (P.S.C.) by transfer from Clerks, Typists, Attenders and Peons, working in the General Education Department. Ext.P1 was the notification issued by the P.S.C., inviting applications to the said post. But, there was some vagueness in the notification, submits the appellant. It was not specified whether persons working in the General Education Department alone were eligible to apply and the persons working in the Collegiate Education Department were ineligible. The notification only said: “Education Department”. Since the appellant is also working in the Education Department, he applied for the post. But, his application was rejected by Ext.P5 communication dated 23.6.2008, on two grounds. The first ground is that he is not working in the WA 20/09 2 General Education Department. The second ground is that he is not having the prescribed qualifications. Challenging, Ext.P5, the writ petition was filed. The learned Single Judge upheld the contention of the respondents that those working in the General Education Department alone are eligible to apply for the post and dismissed the writ petition. Feeling aggrieved by the said judgment, this appeal is filed. 2. As per the direction of this Court, the 4th respondent has filed a statement in this Writ Appeal and along with it, Annexure-R4(a) order has been produced. The said order would show that for appointment by transfer as H.S.A., persons working as Clerks, Typists, Attenders and Peons in the General Education Department alone are eligible to apply. The said order shows that the appellant's application was rightly rejected by the P.S.C., for the reason that he does not belong to the Department of General Education. In the result, the Writ Appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/