IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22675 of 2009(D) -------------------------- PETITIONER(S): --------------- G.SREEKUMAR, CHARUVILA PUTHENVEEDU MALACKAL.P.O. MADAVOOR, PALLICKAL, TRIVANDRUM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- THE KERALA PUBLIC SERVICE COMMISSION TRIVANDRUM, REP. BY ITS SECRETARY. BY ADV.ALEXANDER THOMAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22675 OF 2009 ------------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT The petitioner applied for recruitment as Driver in the K.S.R.T.C., on the basis of Ext.P4 notification, which requires the applicant to possess such driving licence as is prescribed in clause 7(2) thereof. The applicant should have completed 7 years after getting the driving licence and three or more years after having obtained the heavy duty vehicle licence. He should possess a current licence as on the date of application. The prescription as to qualifications apply as on the date of notification. The prescription that the licence should be current on the date of application is essentially one that prescribes a disqualification as on the date of application. That does not mean that one who had a driving licence as on the date of notification but did not have it to be current as on the date of application, would stand qualified. On facts, the petitioner did not have a current licence as on the date of application. Obviously, the Public Service Commission cannot be faulted for WPC.22675/09 Page numbers having refused to accede to the request of the petitioner for being considered for selection. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.14/8.