IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WA.No. 477 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.1053/2011 Dated 20/01/2011 .................... APPELLANT/PETITIONER: --------------------------- A.SHIHABDHEEN, S/O.ABDUL MAJEED, AGED 42 YEARS, RESIDING AT MMS HOUSE, KAMMANTHARA P.O., THANTAMANGALAM, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVT., POWER DEPARTMENT, GOVT. SECTT., THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PALAKKAD-678 014. R1 BY GOVT. PLEADER SRI.GEORGE MECHERIL R2 BY ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB R3-R4 BY SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & C.N.Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 477 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of November, 2011 JUDGMENT Ramachandran Nair, J. The Writ Appeal is filed against the judgment of the learned Single Judge declining to direct the Public Service Commission to advice the appellant for appointment in the Kerala State Electricity Board as Mazdoor. 2. Admittedly, the appellant was overaged based on the entry of date of birth in the S.S.L.C. Book. However, after the selection process, the appellant obtained a date of birth certificate from the Municipality and got the S.S.L.C. Book corrected. Based on the revised date of birth, the appellant claimed employment stating that he is within the age limit. This was turned down by the Public Service Commission on the ground that, under the notification correction of date of birth is not permissible after the applicant makes the application. 3. Even though the counsel for the appellant relied on Rule 15 A of the Public Service Commission Rules of Procedure, what we notice is that correction is permitted only for clerical, typographical and arithematical mistakes. In this case, the WA No. 477 of 2011 -:2:- appellant's date of birth as shown in the S.S.L.C. Book was 10.05.1967 and the substitution carried out is 21.11.1968, which according to the appellant is the correct date of birth, based on the birth certificate issued by the Municipality subsequently. 4. We do not think what is not permissible under the notification issued by the Public Service Commission, can be permitted to be done in violation of the terms and conditions contained in the application published for selection to the post. Since the correction of date of birth is not permissible after the applicant submits the application for selection under Clause 18 of the notification issued by the Public Service Commission, this Court is unable to grant the relief. The learned Single Judge has rightly declined the prayer sought for by the appellant/petitioner in the writ petition. Consequently we dismiss the writ appeal as devoid of any merit. Manjula Chellur, Ag. Chief Justice. C.N.Ramachandran Nair, Judge. ttb