IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2674 of 2011(H) ------------------------- PETITIONER(S): --------------- SURESH. M., S/O. MANIKANTAN PILLAI, AGED 38 YEAR, SUNITHA BHAVAN, KULATHUMMAL, KATTAKADA P.O., THIRUVANANTHAPURAM 695 572. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM-695005. 2. THE DISTRICT OFFICER, K.P.S.C., DISTRICT OFFICE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY SECRETARY, PERSONONEL AND ADMINISTRATIVE (REFORMS) RULES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001. 4. MOHANAKUMAR, NAVAMALIKA, KIZHVILAM P.O., MANNOM, ATTINGAL, TRIVANDRUM 695 001. 3. DISTRICT COLLECTOR, MALAPPURAM - 676505. GOVT. PLEADER SRI. SANDESH RAJA ADV. SRI. ALEXANDER THOMAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 2674 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of February, 2011. J U D G M E N T The petitioner participated in the selection process for appointment to the post of L.D. Typist (reserved for Ex-service men) pursuant to the notification inviting applications by the Public Service Commission. His name was included in the short list. But, in Ext. P 3 rank list published on 27.1.2010, his name was not included. On enquiry, he came to know that he was not included since he did not have the qualification of “word processing”, which is a qualification prescribed for that post. The petitioner submits that in view of Ext. P8 judgment, the said objection will not stand. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 and 2 to include the name of the petitioner in the rank list for the post of Lower Division Typist (Ex-servicemen only) in the Department of Sainik Welfare/N.C.C in Thiruvananthapuram district. (ii) Issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext. P7 additional notification issued by the 2nd respondent after calling for the records leading to its issuance. (iii) Declare that the petitioner is eligible to get included his name in the rank list or the post of Lower Division Typist (Ex-servicemen only) in the Department of Sainik Welfare/N.C.C in Thiruvananthapuram district without having additional qualification of computer word Processing in the light of Ext. P4 G.O. as he had already completed more than 15 years' service in Army as Clerk General duty as mandated in Ext. P2 notification. (iv) Declare that Ext. P6 G.O. is not applicable to Ex-servicemen for applying to the post of Lower Division Typist.” 2. Ext. P3 rank list was published on 27.1.2010. The petitioner has filed this writ petition only on 19.1.2011, almost an year after W.P(C) No. 2674/11 -: 2 :- publication of the rank list. The explanation for the long delay submitted by the petitioner is that the petitioner has been making enquiries with the Public Service Commission and he obtained Ext. P5 information by resorting to proceedings under the Right to Information Act only on 12.1.2011 and therefore there is no delay. From Ext. P5, I find that the application under the Right to Information Act was filed by the petitioner only on 30.11.2010, 11 months after the publication of Ext. P3 rank list. Therefore, I am not satisfied that the petitioner has satisfactorily explained the delay of almost 11 months. In view of the unexplained delay and laches, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.