IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11717 of 2008(T) -------------------------- PETITIONER: ------------ BABU M., AGED 41 YEARS, S/O. VASU, MANINADATH HOUSE, KRISHNAN NAIR ROAD, KARUVISSERI, KOZHIKODE-673 010. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. THE REGIONAL TRANSPORT OFFICER, KOZHIKODE. SHRI.ALAXANDER THOMAS, SC FOR R1. SHRI.K.PRABHAKARAN, FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 11717 of 2008 ================== Dated this the 7th day of April, 2008 J U D G M E N T The petitioner is an applicant for the post of Reserve Driver in the Kerala State Road Transport Corporation pursuant to notification inviting applications for selection by the Kerala Public Service Commission. The petitioner appeared for the written test and practical test. However, thereafter the petitioner received Ext.P7 communication rejecting the application of the petitioner on the ground that he did not possess valid licence to drive Transport Vehicles, which is one of the prescribed qualifications, at the time of submitting application or on the last date for submitting applicaitons. According to the petitioner, Ext.P2 would go to show that the petitioner was possessing a licence valid upto 12.12.2017 and therefore, Ext.P7 is liable to be set aside. 2. I have heard the learned Standing Counsel appearing for the Kerala Public Service Commission also. 3. Ext.P1 is the notification inviting applications. The last w.p.c.11717/08 2 date for submitting application is 31.1.2005. One of the qualifications prescribed is a current licence to drive heavy duty motor vehicles. The petitioner himself submits that the application was submitted on 17.1.2005. From Ext.P2 I find that petitioner's licence was a composite licence for both transport and non transport vehicles. It was renewed upto 12.12.2017 for non-transport vehicles. However, the licence to drive transport vehicels expired on 1.6.2004. Thereafter, it was renewed only from 24.2.2005 to 23.2.2008. Therefore, it is clear that for the period from 2.6.2004 to 23.2.2005 the petitioner did not have a valid licence to drive heavy duty vehicles. This is further clear from Ext.P6 representation submitted by the petitioner himself, wherein it is specifically admitted that the petitioner had filed an application for renewal of the licence on 17.1.2005, which licence was due to be renewed on 2.6.2004. Therefore, there is no doubt whatsoever that the petitioner did not have a valid licence to drive a heavy duty vehicle either on the date of application or on the last date for submitting application. Of course the petitioner would take a contention that since the petitioner actually applied for renewal on 17.1.2005 and it is w.p.c.11717/08 3 only because of the delay in the RTO office, due to computerisation of the office, that the licence was renewed only on 24.2.2005 he shall not be penalised for the same. The question as to whether such situation would save similar applications submitted in other selections was considered by me in W.P(C).No. 33082/2007. In that writ petition by judgment dated 10.12.2007, relying on a decision of another learned Single Judge in W.P(C).No. 23873/2005, I held that such situation will not save applications suffering from similar defect. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.11717/08 4