IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 12092 of 2009(F) -------------------------- PETITIONER: ------------------ REJI.V.S., ROY VILLA, VENNIYOOR VIA, NELLIVILA P.O., THIRUVANANTHAPURAM, PIN-695 523 (REMOVED FROM SERVICE AS JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, KOTENCHERY, KOZHIKODE DIST.) BY ADV. MR. PIRAPPANCODE V.SREEDHARAN NAIR MR. PIRAPPANCODE V.S.SUDHIR RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE. R1 & R4 BY GOVERNMENT PLEADER MR. P. NANDA KUMAR R2 & R3 BY MR. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12092 of 2009(F) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SHOW CAUSE NOTICE NO.DIII(2) 340/2006 DATED 18.12.2008 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. P2: COPY OF THE EXPLANATION DATED 05.01.2009 SUBMITTED BY THE PETITIONER PURSUANT TO EXT.P1. P3: COPY OF THE ORDER NO. DIII(2)340/06(2) DATED 13.03.2009 OF THE 2ND RESPONDENT. P4: COPY OF THE ORDER NO.A4/10888/08 DATED 18.03.2009 OF THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: R2(a): COPY OF THE PETITIONER'S APPLICATION TO ALAPPUZHA DISTRICT. R2(b): COPY OF THE PETITIONER'S APPLICATIONTO KOZHIKODE DISTRICT. // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 12092 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 9th day of September 2009. JUDGMENT Kerala Public Service Commission issued a notification inviting applications for the post of Junior Health Inspector Grade-II in the Health Department for Kozhikode District and for Alapuzha District. Petitioner applied for Kozhikode District. He was ultimately selected and included in the rank list for the post of Junior Health Inspector Grade-II in Kozhikode District. He was advised to the post and posted at the Primary Health Centre, Kotenchery as per order dated 08.09.2008. He joined service as well. 2. It later came about that the petitioner had simultaneously applied for Alappuzha District also. This, according to the Public Service Commission is clearly against the stipulation contained in Note 2 under item 4 of the notification issued by the Public Service Commission which prohibits the candidate from applying for the same post in more than one district in response to the notification. Ext.P1 notice of show cause was issued giving the petitioner an opportunity to show W.P.(C). No. 12092 OF 2009 2 cause as to his advice should not be cancelled under rule 3(C) of KS & SSR. He replied by Ext.P2 essentially contending that by a mistake, an application form filled by him for Alappuzha District had been despatched by his father Sri. Vidyadharan. This was done without the knowledge of the petitioner. His explanation was not accepted and by Ext.P3 order, the Public Service Commission cancelled his advice dated 27.08.2008. Consequential orders removing him from service were passed as per Ext.P4. Exts.P3 and P4 are challenged in this writ petition. 3. A counter affidavit has been filed on behalf of the Kerala Public Service Commission. Ext. R2(a) shows the petitioner had applied from the Alappuzha District also. 4. Learned Counsel for the petitioner does not dispute the fact that petitioner had applied to the Alappuzha District as well. But it is pointed out that the application for Alappuzha District was rejected. According to him, there was no application in law in the circumstances. Thus, the cancellation of advice is not warranted, it is contended. 5. Learned Standing Counsel for the Commission submits that the issue is covered against the petitioner by the judgment W.P.(C). No. 12092 OF 2009 3 of the Supreme Court in Ashok v. Public Service Commission (2001(2) KLT 788). Supreme Court in the said case upheld the stipulation in the notification issued by the Public Service Commission prohibiting a candidate from applying from the same post in more than one District. 6. The issue seems to be covered against the petitioner by the Supreme Court judgment. There is no dispute that the petitioner had applied in more than one District simultaneously. This is clearly against the terms of the notification. If the fact that the petitioner had applied in more than one District had been brought to the notice of the Public Service Commission, he would not have been advised. The cancellation of advice is therefore justified. In the light of the above, I do not find any ground to interfere with the action taken by the Public Service Commission. The writ petition is accordingly dismissed. (V.GIRI) JUDGE kkms/