IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WA.No. 2490 of 2009() --------------------- AGAINST THE JUDGEMENTIN WPC.29258/2007 Dated 25/05/2009 .................... APPELLANT(S): PETITIONER ------------------------ RAJI.V.P., VELLIPURACKAL HOUSE, MANACKELPADI, CHUNANGADU, OTTAPPALAM, PALGHAT DISTRICT. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. UNDER SECRETARY, GOVERNMENT WING (RECRUITMENT), OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER SRI. BENNY GERVASIS -R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2490 OF 2009 --------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. She approached this Court praying for a direction to the Kerala Public Service Commission to permit her to appear for the examination for selection to the post of Medical Officer (Homoeo)/Assistant Insurance Medical Officer (Homoeo) in the Homoeopathy /Insurance Medical Service. According to the Public Service Commission, the petitioner's application was belated. Pursuant to the interim orders, the petitioner appeared for the examination. However, the Writ Petition was dismissed after entering a finding that the application was belated. Hence, this Writ Appeal. 2. The main contention of the appellant/writ petitioner before us is that going by Ext.P2 extract of Internet, she was under the bona fide impression that the last date for submission of the application was 30.5.2007. The learned Standing Counsel for the Public Service Commission submits that the last date for receipt of application for the W.A.NO. 2490/2009 2 category of posts referred to above was 9.5.2007 and that was made clear in the notification. The clarification issued as per Ext.R2(d) was regarding the last date for receipt of application for the post of Excise Preventive Officer. The learned counsel for the appellant submits that the appellant/petitioner does not have any further chance to apply for the post in view of her age. It is also submitted that having appeared for the examination, she may be treated to have validly applied. Learned counsel further submits that the appellant may be permitted to withdraw the Writ Petition and the Writ Appeal so as to approach the Public Service Commission itself with a representation. In the above circumstances, we set aside the judgment of the learned Single Judge and dismiss the Writ Appeal and the Writ Petition as withdrawn with liberty to the appellant to approach the Public Service Commission by way of an appropriate representation. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A.NO. 2490/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2490/2009 JUDGMENT 13th November, 2009