IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 34057 of 2009(B) -------------------------- PETITIONER(S): --------------- BEENA VARGHESE, AGED 41 YEARS, W/O.SAJAN JAMES, CHAVARA HOUSE, VILLOONNI.P.O, ARPOOKKARA, KOTTAYAM-686008. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34057/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of December, 2009 J U D G M E N T The petitioner herein is aspiring for a suitable employment. The petitioner has acquired Post Graduate Degree in M.Sc Nursing from Government College of Nursing, Thiruvananthapuram, in August 2009. She is fully qualified and eligible for appointment as Senior Lecturer in Nursing. 2. The Kerala Public Service Commission as per Ext.P1 invited applications to the post of Senior Lecturer in Nursing, in Medical Education Department (Nursing Colleges). The petitioner is confronted with the age limit prescribed for the said post, namely, 40 years. It is pointed out that in Ext.P2 notification for Senior Lecturer in Anatomy in Medical Education, in the same scale of pay, the age limit is 21-45 years. 3. The petitioner points out that pursuant to the previous advertisement for Senior Lecturer in Nursing in July 2005, even though she had participated in the selection process, her batch were disqualified due to one month's gap for the completion of the course. It is submitted that during the last four years, no fresh notification has been issued which resulted in the petitioner becoming overaged. She has now attained 41 years of age. It is pointed out that unless the age is relaxed, the petitioner, who is having high qualifications, W.P.(C). No.34057/2009 -:2:- will be deprived of any chance to get an appointment. The petitioner has filed Ext.P3 representation dated 04/11/2009 before the Government seeking for appropriate action to relax the age group to 43 or 45 for Senior Assistant in Nursing. Along with I.A.No.15740/2009, the petitioner has produced Ext.P4, a copy of a detailed representation dated 10/12/2009. The learned counsel for the petitioner submitted that unless the first respondent considers Ext.P4 urgently, it will not help the petitioner. 4. Heard the learned Government Pleader and the learned Standing Counsel for the Public Service Commission. 5. There will be a direction to the first respondent to take a decision on Exts.P3 and P4, at any rate, within a period of three months from the date of receipt of a copy of this Judgment. 6. It is pointed out by the learned counsel for the petitioner that the petitioner has already submitted an application pursuant to Ext.P1 notification. 7. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms