IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 W.A.No.2855 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.17537/2009 Dated 04/08/2009 .................... APPELLANT(S)//PETITIONER: --------------------- DR.G.PRADEEP, S/O.A.G.PILLAI, AGED 35 YEARS, JYOTHIR BHAVAN, MUTHUKULAM SOUTH P.O., ALAPPUZHA DISTRICT. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN & SRI.T.S.SHYAM PRASANTH RESPONDENT(S)//RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, THIRUVANANTHAPURAM. R1 BY SR. GOVT. PLEADER SRI. BENNY GERVASIS. R2 BY STANDING COUNSEL SRI. ALEXANDER THOMAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.2855 of 2009 ---------------------------------------------- Dated 4th January, 2010. J U D G M E N T Balakrishnan Nair, J. The appellant is the writ petitioner. He was an applicant for the post of Lecturer (Hindi) in the Collegiate Education Department under the first respondent. Ext.P1 is the notification issued by the Public Service Commission inviting applications for the said post, along with certain other posts. The qualifications prescribed for the post were, Post Graduation in the subject with 55% marks and a pass in the Comprehensive Test held by the University Grants Commission or other competent agency. The persons who had Ph.D. were exempted from clearing the said test, it is submitted. It is common ground that the appellant did not clear the said test, but he submitted his thesis for the Ph.D., on 3.12.2007. He was awarded Ph.D. in November, 2008. As per Ext.P1, the last date for receipt of applications was 30.1.2008. So, the Public Service Commission took the view that he was not qualified in terms of the notification. Challenging the said stand of the Public Service Commission, the writ petition was filed. WA NO.2855/09 2 2. The learned Single Judge dismissed the writ petition holding that he has not acquired Ph.D. before the last date for receipt of the applications. Challenging the said judgment, this Writ Appeal is preferred. 3. It is elementary that a candidate who applies for a post should have the notified qualifications on the last date for receipt of the applications, unless otherwise stipulated in the notification. In this case, when the notification is read with the general conditions, the petitioner should have the requisite qualification on the last date for receipt of the applications, i.e., on 30.1.2008. On the said date, he is a Post Graduate with more than 55% marks, who has submitted his Ph.D. thesis. Such a person cannot be treated as a qualified hand in terms of Ext.P1. Therefore, we find nothing wrong with the decision of the learned Single Judge. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.2855 of 2009 ---------------------------------------------- J U D G M E N T Dated 4th January, 2010.