IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29428 of 2011(C) -------------------------------- PETITIONER: -------------- K.SUDHA STAFF NURSE, DISTRICT HOSPITAL, PALAKKAD. (SREE NILAYAM, VENNAKKARA, NURANI P.O, PALAKKAD, PIN 678 004) BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM - 695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. REP. BY ITS SECRETARY - 695 004. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER FOR R1. SRI. P.C. SASIDHARAN, SC FOR R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29428/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.A5/8652/99 DATED 18.06.1999 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD. EXT.P2 TRUE COPY OF THE NOTIFICATION APPEARED IN THE GAZETTE DTD.31.10.2009. EXT.P3 TRUE COPY OF THE NOTIFICATION DTD. 13.07.2011 OF THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER DTD. 28.09.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P5 TRUE PHOTOCOPY OF THE M.SC DEGREE CERTIFICATE ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.29428 OF 2011 --------------------------------------- Dated this the 4th day of November, 2011. J U D G M E N T The petitioner is aggrieved by Ext.P4 communication issued by the Public Service Commission whereby the application filed by the petitioner for appointment as Senior Lecturer in Nursing in the by transfer category has been rejected stating that as on the last date of receipt of the application, the petitioner was not qualified. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Public Service Commission. 3. The last date for receipt of the application was 02.12.2009. Even going by the averments in paragraph 7 of the writ petition, it can be seen that the petitioner acquired the qualification just before the OMR test was conducted. It is well settled by various decisions of this Court and the Apex Court that the candidate should have the qualification as on the last date of filing of the application. Evidently, the acquisition of qualification W.P.(C) No.29428/2011 2 by the petitioner is on a later date than the last date of receipt of the application. The OMR test itself was on 02.09.2010. The certificate produced by the petitioner as per Ext.P5 to prove the qualification will show that the examination was held in March 2010. In that view of the matter, as the petitioner is not qualified in terms of the notification, the proceedings of the Public Service Commission cannot be said to be illegal. Therefore, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp