IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 14711 of 2011(L) -------------------------- PETITIONER(S): --------------- 1. K.G.MANI, OVERSEER, KERALA STATE ELECTRICITY BOARD, THANI, ALUVA DIVISION, ALUVA ERNAKULAM RESIDING AT QUARTER NO.G5,KSEB STAFF COLONY, 66 KV SUB STATION, ANGAMALY SOUTH, ERNAKULAM DISTRICT. 2. DEVADASAN T.K., SUB EGINEER, GENERATION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, SHOLAYAR,THRISSUR DISTRICT, RESIDING AT PARVATHI NILAYAM, MAMMIYOOR, GURUVAYUR. 3. ANWAR P., SUB ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, MATTANCHERRY, RESIDING AT ANWAR MANSION, THRICHATTUKULAM P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECREARY, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYTHUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM, PIN-695 004. ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R1 ADV.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 14711/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTIFICATION DTD.27.11.08. P2. COPY OF THE CERTIFICATE DTD.28.12.09 OF P1. P3. -DO- P2. P4. -DO- P3. P5. COPY OF THE NOTIFICATION DTD.28.2.11. P6. COPY OF THE ORDER DTD.25.2.11 BY R2. P6A. COPY OF THE ORDER DTD.25.2.2011 TO R3. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 14711 of 2011 ================== Dated this the 23rd day of June, 2011 J U D G M E N T The petitioners are applicants for selection to the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board by transfer from employees of the Board, pursuant to notification published by the Kerala Public Service Commission inviting applications. Their applications have been refused to be considered on the ground that the petitioners have not obtained the minimum qualifications prescribed on the last date fixed for submitting applications. According to the petitioners, the last date for submitting applications was 31.12.2008 and the petitioners appeared for the qualifying examination in December, 2008, which should be taken as the date when the petitioners acquired qualifications, although they obtained the certificates later. 2. A counter affidavit has been filed on behalf of the Public Service Commission, wherein they take the stand that the crucial date for ascertaining whether a person has obtained the qualification prescribed is the date when the results of the examination were published. It is pointed out by them that in the general conditions appended to the notification inviting applications, it is specifically stated that the date of acquisition of qualifications in the case of w.p.c.14711/11 2 examinations conducted by the a University or Government is the date of publication of the results. If that be so, admittedly the petitioners only appeared for the examination in December, 2008, and the results were published after the last date for submitting applications. In that view, the petitioners did not acquire the qualifications as on the last date prescribed for submitting applications. Therefore, the applications were rightly rejected by the Public Service Commission. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge