IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD DAY OF JULY 2010/1ST SRAVANA 1932 WP(C).No. 22119 of 2010 (L) -------------------------------------- PETITIONER(S): ---------------------- G.GOPIKA, "GOPIKA", SARAYU NAGAR-207, VALATHUNGAL P.O., KOLLAM-18. BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HIGHER SECONDARY DIRECTORATE, HOUSING BOARD BUILDING, TRIVANDRUM-695001. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM-695004, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R3 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2010 ALONG WITH WPC.NO.22872/2010THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL WP(C).No. 22119 of 2010 (L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF RESULT OF STATE ELIGIBILITY TEST-2010-SUB- POLITICAL SCIENCE PUBLISHED BY THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF NOTIFICATION DATED 30.4.2010 PUBLISHED IN MATHRUBHUMI THOZHILVARTHA. EXT.P3 : TRUE COPY OF NOTIFICATION DATED 10.7.2010 PUBLISHED IN MATHRUBHUMI THOZHILVARTHA. EXT.P4 : TRUE COPY REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11.7.2010 EXT.P5 : TRUE COPY OF ONLINE STATUS REPORT OF THE 3RD RESPONDENT IN RESPECT OF HSST ENGLISH, COMPUTER SCIENCE/COMPUTER APPLICATION AND MALAYALAM. RESPONDENTS' EXHIBITS: EXT.R-3(a) : TRUE COPY OF ADDENDUM NOTIFICATION DATED 29-6-2010 FOR CATEGORY NO.110/2010 EXT.R-3(b) : TRUE COPY OF ADDENDUM NOTIFICATION DATED 29-6-2010 FOR CATEGORY NO.111/2010 EXT.R-3(c) : TRUE COPY OF ADDENDUM NOTIFICATION DATED 29-6-2010 FOR CATEGORY NO.114/2010 EXT.R-3(d) : TRUE COPY OF NOTIFICATION DATED 14-10-2008 FOR CATEGORY NO.346/2008 /TRUE COPY/ P A TO JUDGE MJL C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C)Nos.22119 & 22872 of 2010 ----------------------------------------- Dated 23rd July, 2010 JUDGMENT The petitioners in these writ petitions possess Masters Degree in Political Science besides holding B.Ed. Degree. They acquired the qualification of pass in State Eligibility Test (SET) conducted by the Directorate of Higher Secondary Education of the Government of Kerala on 9.7.2010. Their common grievance pertains to the non-extension of the last date for applying to the post of Higher Secondary School Teacher (HSST)(Political Science) fixed as 2.6.2010 as per notification dated 30.4.2010. The Kerala Public Service Commission (for short `the PSC') invited applications on line for direct recruitment to the post of HSST in various subjects such as, in English, Computer Science, Electronics, Political Science and Malayalam, as per notification dated 30.4.2010 fixing the last date for receipt of applications as 2.6.2010. Category Nos.110/2010, 111/2010, 112/2010, 113/2010 and 114/2010 were respectively assigned to the post of HSST (English), HSST (Computer Science), HSST (Electronics), HSST (Political Science) and HSST (Malayalam) in the said notification. Later, the last date for receipt of applications for the posts of HSST (English), HSST (Computer Science) and HSST (Malayalam) was extended up to 28.7.2010, as per an addendum notification dated 29.6.2010. The petitioners who WP(C).Nos.22119 & 22872/2010 2 acquired qualifications for applying to the post of HSST (Political Science) later than the last date fixed as per the notification dated 30.4.2010 viz., 2.6.2010 but before 28.7.2010, the extended last date as per the aforesaid addendum notification, filed these writ petitions in the aforesaid circumstances alleging invidious preference in respect of the three categories, viz., HSST (English), HSST (Computer Science) and HSST (Malayalam) and hostile discrimination in the case of prospective applicants to the post of HSST (Political Science), like them. 2. A perusal of the contentions in the writ petitions would reveal that essentially, the very foundation of the writ petitions is that extension of the last date for receipt of applications in respect of the aforesaid three categories as per the addendum notification dated 29.6.2010 was made taking note of the belated publication of the result of SET in respect of those subjects. According to the petitioners, the extension on account of the issue of declaration of the SET results should not have been confined only to the the posts of HSST (English), HSST (Computer Science) and HSST (Malayalam). Similar benefits should have been extended in the case of Political Science as well to enable them as also the others similarly situated who are the prospective applicants for appointment to the post of HSST (Political Science). WP(C).Nos.22119 & 22872/2010 3 3. An affidavit has been filed on behalf of the third respondent viz., the Kerala Public Service Commission in these writ petitions. It is admitted therein that as per notification dated 30.4.2010 vacancies in the posts of HSSTs in various subjects including Political Science have been notified and the last date for receipt of applications was fixed in respect of all the said categories as 2.6.2010. It is admitted therein that as per Exts.R3(a), R3(b) and R3(c) addendum notifications dated 29.6.2010, in respect of category Nos.110/2010 (HSST (English), 111/2010 (HSST(Computer Science)) and category No.114/2010 (HSST (Malayalam)) the last date for receipt of applications was extended till 28.7.2010. However, It is specifically stated therein that the issue of declaration of results of SET has nothing to do with the decision taken by the PSC that led to the issuance of Exts.R3(a) to R3(c) notifications. It is also specifically stated therein that the reason that led to the said decision that culminated in issuance of Exts.R3(a) to R3(c) is the subsequent decision of the PSC to consider the applications for the above posts for the rank lists to be prepared for the corresponding HSST (Junior) posts in terms of the provisions in the Special Rules of the Kerala State Higher Secondary Education Department. In other words, it was to achieve that purpose that addendum notifications viz., Exts.R3(a) WP(C).Nos.22119 & 22872/2010 4 to R3(c) notifications, have been issued. The reason for non-extension of the last date for receipt of applications in respect of the post of HSST (Political Science) was that earlier Ext.R3(d) notification for appointment to the post of HSST (Junior) Political Science was published in the official Gazette dated 14.10.2009 with category No.346/2008. Pursuant to the same, an objective type test was held on 18.12.2009 and the preparation and finalisation of the short list for the said selection to the post of HSST (Junior) Political Science was in progress. As noticed hereinbefore, it is specifically stated in the counter affidavit that in the case of HSST (Junior) posts in respect of the three subjects viz., English, Computer Science and Malayalam no such notifications for selection to the corresponding posts of HSST (Junior) were issued. Thus, essentially, the contention of the third respondent is that the decision for such extension and issuance of Exts.R3(a) to R3(c) notifications got nothing to do with the issue of declaration of SET results as alleged by the petitioners. That apart, according to the third respondent, since the process of selection for the post of HSST (Junior) Political Science was notified on 14.10.2009 and its short list was expected to be finalised shortly there was no necessity to grant extension of the last date in respect of the post of HSST (Senior). In the said circumstances the third respondent submits that these writ petitions are filed on the WP(C).Nos.22119 & 22872/2010 5 misconception that the extension in respect of the three categories viz., English, Computer Science and Malayalam was granted on account of the issue of declaration of the SET results in respect of the said subjects and therefore, they lack merits and liable to be dismissed. 4. The contentions of the petitioners would undoubtedly show that they are aggrieved by the exclusion of the category of HSST (Political Science) with category No.113/2010 from the purview of the addendum notifications issued for the purpose of granting extension in respect of the last date for receipt of the applications. According to them, since a common notification dated 30.4.2010 was issued inviting applications for appointment to the post of HSST (Senior) in five subjects, there was absolutely no reason or justification for limiting, rather, confining the extension of the last date for receipt of applications only to three categories viz., HSST(English), HSST (Computer Science) and HSST(Malayalam). A scanning of the contentions of the petitioners would reveal that they allege hostile discrimination inasmuch as the category of HSST (Political Science) has been excluded in the matter of extension of last date while granting an invidious preference in respect of English, Computer Science and Malayalam. As stated by the third respondent, evidently, it is the misconception that based on the belated WP(C).Nos.22119 & 22872/2010 6 declaration of SET results in respect of the concerned subjects which form the basic qualification for appointment to the posts of HSST (English), HSST (Computer Science) and HSST (Malayalam) extension of last date of receipt of application was granted in regard to those subjects is the foundation for such a contention. A scanning of the detailed counter affidavit filed by the third respondent would debunk the said contention and would reveal that the issue of declaration of results of the SET was not at all the reason for granting extension of the last date of receipt of the applications in respect of HSST (English), HSST (Computer Science) and HSST (Malayalam). The reasons therefor, adverted to hereinbefore, would definitely efface the substance for such a contention and also would make it clear that the third respondent had not shown any hostile discrimination in the matter of extension of the last date as alleged by the petitioners. The belated declaration of the SET results was not at all a reason that was taken into account for the purpose of granting extension of the last date for receipt of applications in respect of HSST (English), HSST (Computer Science) and HSST (Malayalam). When once it is found that there was no hostile discrimination and that it was so extended based on a reasonable and legally sustainable ground the challenge against the action on the part of the third respondent in not extending the last date for receipt of application for the post of HSST WP(C).Nos.22119 & 22872/2010 7 (Political Science) has to fail. No other contentions were pressed into service to challenge the action on the part of the third respondent in confining extension of the last date for receipt of applications in respect of the aforesaid three categories. The petitioners who were not fully qualified as on the last date of receipt of applications pursuant to the notification dated 30.4.2010 cannot have any legally sustainable grievances, in the said circumstances. These writ petitions have to fail. In the said circumstances, there is no merit in these writ petitions and accordingly, they are dismissed. Sd/- C.T.RAVIKUMAR Judge TKS