IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WA.No. 920 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.11648/2010 Dated 06/04/2010 .................... APPELLANT/PETITIONER ------------------------ RAVINDRAN PULIKKAPARAMBIL, PEON, GOVERNMENT U.P.SCHOOL, VEKKALAM, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. R1&3 BY G.P. SMT.T.B.RAMANI R2&4 BY ADV. SRI.ALEXANDER THOMAS, SC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.920 of 2010 .................................................................... Dated this the 11th day of June, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge declining to entertain petitioner's prayer for a direction to PSC to issue fresh notification for appointment of H.S.A. by transfer. The impugned notification was published on 30.4.2008 inviting applications for appointment to the post of H.S.A. directly from open quota and also by transfer appointment. Appellant, a member of the ministerial staff in a School, after publication of the notification by PSC acquired the qualification to apply for H.S.A.'s post in Physical Science. However, since PSC had already invited the application and since the appellant was not qualified as on the date of application, he did not apply for the post. The contention of counsel for the appellant is that there was no need for the PSC to invite application for appointment to H.S.A.'s post because already there is a surplus number of selected candidates in the list prepared earlier. Further, according to the appellant, there were W.A. 920/2010 2 only two or three eligible candidates to apply for the post by transfer, whereas as many as 20 seats were reserved for them. After hearing counsel for the appellant and Standing Counsel for PSC, we do not find any merit in the contention of the appellant because PSC never conducts a survey or statistics about available candidates before issuing notification for various posts. Selection is done by PSC on a periodical basis without verifying the number of eligible candidates to apply for the post. Obviously only qualified persons in terms of the notification can apply for the post. We do not know on what basis the appellant can request for fresh notification merely because he qualified for the post after PSC published the notification. If the appellant's claim is allowed, then there is no end to the process in as much as all those qualifying later also will come forward praying for the same relief. It is reported that the entire selection process commenced in June 2008 is W.A. 920/2010 3 already completed. We, therefore, do no find any merit in the Writ Appeal. Consequently it is dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms