IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 26655 of 2010(F) -------------------------- PETITIONER(S): --------------- BEEGUM SHAHINA, D/O.MR.HAKKEEM.N., MERCY, MADAVOOR P.O.,KOZHIKODE DISTRICT. BY ADV. SRI.P.T.MOHANKUMAR SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004. 2. THE REGIONAL DIRECTOR, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION RAILWAY STATION LINK ROAD, KOZHIKODE. 3. THE ASSISTANT LABOUR OFFICER, I CIRCLE CIVIL STATION, KOZHIKODE. BY G.P.SMT.NISHA BOSE, ADV. ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.26655 OF 2010 ------------------------------ Dated this the 22nd day of September, 2010 JUDGMENT The petitioner applied for selection to the post of Lecturer in Electronics Engineering, (Women's Polytechnic), pursuant to the Gazette notification dated 14.2.2008. The Kerala Public Service Commission issued Ext.P1 communication to the petitioner directing her to furnish a certificate of experience in the prescribed form and duly attested. The petitioner was working as Lecturer in Electronics in J.D.T. Islam Polytechnic College, Jamiath Hill, Kozhikode from 7.6.2004 to 3.10.2008. The petitioner obtained Ext.P2 certificate of experience issued by the Principal. The petitioner made a request to the Regional Joint Director, Technical Education Department to attest the certificate. That request was not entertained. The petitioner states that she was told that the Assistant Labour Officer is the attesting authority. The petitioner also approached W.P.(C).No.26655 OF 2010 2 the Assistant Labour Officer and made a request to make the attestation, but that request was declined. 2. The reliefs prayed for in the Writ Petition are the following: “a) A Writ, Order or direction in the nature of mandamus or other appropriate form of Writ, commanding the 1st respondent to accept the experience certificate produced by the Petitioner without a formal attestation by an authorized officer, so long as no “authorized officer” is prescribed for “Self-financing Polytechnic Colleges” or if the 2nd and 3rd Respondents are found to be competent, issuing such a direction to them. (b) Such other relief that the petitioner may pray for and this Hon'ble Court may be pleased to grant to meet the ends of justice.” 3. When the Writ Petition came up for admission, an order dated 3rd September, 2010 was passed which reads as follows: “ Notice on admission. Standing Counsel takes notice for the first respondent. 2. Standing Counsel appearing for the first respondent submitted, on instructions, that it is sufficient if the experience certificate is countersigned by the Assistant Labour Officer for entertaining the application of the petitioner. 3. In the facts and circumstances, there will be an interim direction to the third respondent, Assistant Labour Officer, to countersign the experience certificate W.P.(C).No.26655 OF 2010 3 relating to the petitioner on verification. The interim order dated 20.8.2010 directing that the application of the petitioner shall not be rejected by the Public Service Commission shall remain in force until further orders. Post on 14.9.2010” 4. It is submitted by the learned counsel for the petitioner that the Assistant Labour Officer had countersigned the experience certificate and the same was produced before the Kerala Public Service Commission. The Standing Counsel for the Kerala Public Service Commission submitted that if such a certificate is produced, the same would be considered as proper attestation of the experience certificate and the matter will be dealt with accordingly. Submission of the Standing Counsel will be recorded. No further orders are required in the Writ Petition. Writ Petition is accordingly, closed. K.T.SANKARAN, JUDGE. cms