IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 3721 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ BIJU.R, S/O.RAVEENDRAN, THONDALIL KIZHAKKETHIL VEEDU, EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. MR.B.MOHANLAL RESPONDENT(S): --------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE.P.O, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER TRANSPORT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. R1 BY ADV. MR. ALEXANDER THOMAS, SC, PSC R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 3721 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2010 J U D G M E N T The petitioner was an applicant for appointment to the post of Boat Lascar in the Kerala Water Transport Department. The last date for receipt of application was 9.5.2007. Since the petitioner was not holding a valid Boat Lascar licence on the date of his application, it was rejected as per Ext.P2 by the Commission. It is challenging Ext.P2 order, that this writ petition is filed. 2. The contention of the petitioner is that in view of the fact that Ext.P4 Boat Lacar Licence was issued to him on 22.10.1999 and that upon its renewal it remained renewed up to 21.10.2005 and thereafter, renewed from 22.8.2007 to 21.8.2010 it should deemed to have been in force as on the date of his application. In short, it should be deemed that the petitioner was having a valid licence even on the date of his application. Evidently, Ext.P4 remained unrenewed for a period from 21.10.2005 to 22.8.2007. In short, Ext.P4 was not valid on account of non-renewal on the date of his application as also on 9.5.2007, the last date of submission of applications. Consequence of the non renewal is given in Ext.P4 itself. The relevant portion in Ext.P4 reads thus: WPC.3721 of 2010 : 2 : “Authorisation to serve in a public service steam or motor vessel. So long as this licence is valid and is renewed from time to time, the holder is authorised to serve in a public service team or motor vessel.” 3. It is thus obvious from Ext.P4 itself that in case of non- renewal of the same it cannot remain valid and, moreover, authorize the petitioner to serve the public service team or motor vessel. In view of the fact borne out from the records and also as admitted by the petitioner that on expiry of the term of validity of Ext.P4 on 21.10.2005 it was renewed only on 22.8.2007 from 22.8.2007 to 21.8.2010 the contentions of the petitioner cannot be upheld. In the circumstance, and also in view condition No. 19 of the General Conditions the reasoning given by the Commission in Ext.P2 cannot be said to be illegal warranting interference by this Court. In an earlier occasion, I have considered a similar case in WPC 1757/2010 and the said writ petition was dismissed as per the judgment dated 27.1.2010. In these circumstances, I am of the opinion that there is no merit in the writ petition. Accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A. To Judge