IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 19356 of 2009(L) ------------------------------------ PETITIONER(S): ---------------------- ARUNIMA P.V., 'ANASWARA', P.O.ELAMBACHI, SOUTH TRIKARIPUR, KASARAGOD. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KASARAGOD. STANDING COUNSEL MR.ALEXANDER THOMAS FOR PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010 ALONG WITH WPC NO. 29974 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19356 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the press release issued by the Commission in Deshabhimani daily dated 31.1.2009. Ext.P2 :- Copy of the communication issued by the Public Information Officer of the Commission dated 4.5.2009. Ext.P3 :- Copy of the representation submitted by the petitioner before the Commission dated 4.5.2009. Ext.P4 :- Copy of the communication issued by the Secretary of the Commission dated 4.6.2009. Ext.P6 :- Copy of the first page and the supplementary gazette Vol.54. Ext.P7 :- Copy of the ranked list published by the Commission. Ext.P8 :- Copy of the information received by the Right to Information Act. Respondent's Exhibits :- Ext.R-1(a) :- Copy of selection notification for Category No.391/2008 published in gazette Dt.30.12.2008. Ext.R-1(b) :- Copy of supplementary notification published in gazette dt.30.1.2009. //True Copy// P.A. To Judge WP(C).No. 19356 of 2009 ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) Nos.19356 & 29974 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of August 2010 J U D G M E N T Ext.R1(a) is a notification issued by the P.S.C. inviting applications for the post of Pharmacist Grade II in Ayurveda Colleges/Indian System of Medicine in Insurance Medical Services for district wise recruitments. Last date specified for submitting the application was 4.2.2009. According to the PSC, in view of the change in the Special Rules applicable to Indian Systems of Medicine Department, the last date for submitting applications was extended till 18.2.2009, as per Ext.R1(b) Erratum notification and Ext.P1 paper publication. 2. The petitioners in these writ petitions submitted applications after 4.2.2009 but before 18.2.2009, thinking that all applicants are eligible for the benefit of the W.P.(C) Nos.19356 & 29974 of 2009 -: 2 :- extended last date for submitting applications. However, their applications were rejected by the PSC for the reason that the applications were received only belatedly. According to the PSC, the benefit of extension given by Ext.R1(b) and Ext.P1 was applicable only for those candidates, who have completed 18 years as on 1.1.2008, and that the petitioners did not fall into this category. 3. The contention of the petitioners is that R1(a) notification was published by the PSC belatedly and that after the publication, they thought that they were also eligible for the benefit extension of the last date and that they made the applications on that basis. It is stated that since Ext.P1 was capable of being understood that the benefit was available to all candidates, their candidature should also be considered by the PSC. 4. Although the contention of the PSC cannot be faulted if as contended by the petitioners, they were insisted by Ext.R1(b) and Ext.P1, it is only appropriate that W.P.(C) Nos.19356 & 29974 of 2009 -: 3 :- their grievance should be considered by the PSC. This is all the more so for the reason that in pursuance to the directions of this Court, the PSC had processed the application of the petitioners and allowed them to participate in the selection process. 5. In view of the above, I direct that it will be open to the petitioners to highlight their grievances before the Secretary, Public Service Commission by filing an appropriate representation and if such a representation is made, the Secretary shall consider the same and pass orders therein. It is ordered that if any representation is received from the petitioners within three weeks from today the same will be considered and pass orders therein within six weeks thereafter. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE. Jvt