IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 19982 of 2009(P) -------------------------------------- PETITIONER(S): ---------------------- S. CHITHRA, D/O. SISUPALAN, POURNAMI, AERAM NORTH, CHATHANNUR P.O., KOLLAM DIST. BY ADV. MR.ANCHAL C.VIJAYAN RESPONDENT(S): ----------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM -695 004, REPRESENTED BY ITS SECRETARY. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM. R1 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC R2 BY ADV. MR.K.S. ANIL, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 19982 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of July, 2009 JUDGMENT The petitioner was an applicant for the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board. The last date prescribed in the notification inviting application for submission of applications was 05-09-2007. As on that date though the petitioner had appeared for the final semester examination, the results had not been declared. The results were declared on 6-2-2008, long after the last date prescribed for submission of applications. As a result, the petitioner’s name was not included in the ranked list published by the Kerala Public Service Commission on 16-06-2009. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the Kerala Public Service Commission to include his name in the ranked list published on 16.06.2009. The claim made by the petitioner is, in my opinion, plainly untenable. The Apex Court has in Charles K.Skaria and others V. Dr.C.Mathew and others (1980 SC 1230) held that an applicant should have passed the examination before the last date prescribed for the submission of applications. It was held that an applicant who has passed the examination, before the last date cannot be denied admission merely W.P.(C) No. 19982/09 2 for the reason that the certificate is issued later and bears a later date. Applying the same principle it can be safely held that the petitioner who had not passed the qualifying examination on 05-09-2009 was not eligible to apply for the post. The result was published only on 06.06.2009. Therefore, the Kerala Public Service Commission was right in excluding the name of the petitioner from the ranked list. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.