IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17417 of 2009(V) -------------------------------- PETITIONER: -------------- GILU P.VIJAYAN, D/O.M.P.VIJAYABHANU, AGED 28 YEARS, PARKKANDIMEETHAL HOUSE, GA COLLEGE.P.O.,PALAZHI, KOZHIKODE, PIN-673 014. BY MR.C.A.CHACKO, ADVOCATE. MS.C.M.CHARISMA, ADVOCATE. MR.N.A.SHAFEEK, ADVOCATE. RESPONDENTS: ------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE. BY MR. ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17417 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T Petitioner is aggrieved by Exhibit P1 by which it was informed by the Public Service Commission that the application submitted by the petitioner for appointment as High School Assistant (Physical Science) was received late and therefore, it is rejected. 2. Heard the learned counsel for the petitioner and the learned standing counsel for the Public Service Commission also. 3. The last date fixed for receipt of application was on 04.06.2008 and the petitioner submitted the application on 03.06.2008. The application was sent by post from Ullikulam post office which, according to the petitioner, is only 25 kilometers away from the post office to 2nd respondent's office. It is, therefore, submitted that the rejection of application is unjustifiable. W.P.(C) No.17417/2009 2 4. It is evident that the petitioner submitted the application only on 03.06.2008 whereas the last date for receipt of the application is 04.06.2008. Therefore, it is obvious that the same would not have reached the office of the Commission prior to the expiry of the last date. If at all there is a delay, that may be due to the delay taken in reaching the same through the concerned post office. For the same, the Commission cannot be blamed. It is pointed out by the petitioner that the written test for the post of High School Assistant (Physical Science) is scheduled to be held on 27.06.2009 and that is why the petitioner has filed this writ petition seeking for an appropriate direction. 5. The issue is covered against the petitioner in the light of the decision of a Division Bench of this Court in Binimil K.G. vs. K.P.S.C (1997(2)KLJ 477). It was held by the Division Bench thus: “Whether the peculiar circumstances of the case warrant condonation of such delay in submitting the application is a matter to be considered. The Public Service Commission is entrusted with the duty of conducting various departmental examinations and also selection of candidates for appointment to W.P.(C) No.17417/2009 3 various posts. They have to deal with large number of application and when they call notification inviting application, last date is fixed for receipt of such applications. Due to various reasons the candidates may not be in a position to send the application in time. But such delays are not condoned by the P.S.C. If they show any relaxation in such rules it would cause delay in processing the application. Moreover, that would pave way to certain undue favouritism to some candidates. Laxity in one case will leave open the flood gate of requests to condone such irregularities or omissions. The Commission with its heavy workload must strictly adhere to the norms set by it. The Commission has been taking a strict view of these matters and the various decisions on the point also would go to show that delay in submitting application is a valid ground for rejecting the application”. In the light of the above, the writ petition fails and the same is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp