IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22274 of 2011(H) -------------------------- PETITIONER: --------------- JIMCY TONIO, MADUKKOLIL HOUSE, SANTHIGRAM.P.O., KATTAPPANA, IDUKKI. BY ADV. SRI.D.SREEKUMAR RESPONDENTS: --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 695 004. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KATTAPPANA, IDUKKI 685508. 3. THE DISTRICT CO-OPERATIVE BANK, KATTAPANA, IDUKKI, REPRESENTED BY THE GENERAL MANAGER 685508. 4. THE IDUKKI DISTRICT TAXI DRIVERS CO- OPERATIVE SOCIETY LIMITED NO.1-191, KATTAPPANA, IDUKKI, REPRESENTED BY ITS SECRETARY 685508. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KATTAPPANA, IDUKKI 685508. BY GOVT. PLEADER SRI.MOHAMMED SHAFI SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 22274/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTIFICATION DATED 26.5.2007 ISSUED BY THE 2ND RESPONDENT EXT.P2 : COPY OF THE SERVICE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR EXT.P3 : COPY OF THE COVERING LETTER DATED 13.6.2011 ISSUED BY THE PETITIONER EXT.P4 : COPY OF THE COMMUNICATION DATED 9.2.2011 RECEIVED FROM THE RESPONDENT EXT.P5 : COPY OF THE COMMUNICATION DATED 22.6.2011 RECEIVED FROM 2ND RESPONDENT EXT.P6 : COPY OF THE REPLY DATED 27.6.2011 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT EXT.P7 : COPY OF THE ORDER DATED 1.7.2011 ISSUED BY THE 2ND RESPONDENT REJECTING THE PETITIONER'S APPLICATION RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22274 OF 2011 -------------------------- Dated this the 25th day of August, 2011 J U D G M E N T The petitioner who was working as a Salesman in the fourth respondent society applied pursuant to Ext.P1 notification for appointment as Peon/Watchman in the Idukki District Co-Operative Bank in the quota reserved for employees of societies affiliated to the said bank. After the application was submitted the petitioner was called to appear for the written test held on 21.2.2009. Thereafter he was called to appear before the District Officer of the Kerala Public Service Commission (hereinafter referred to as 'the Commission' for short) on 24.2.2011 for verification of certificates. The petitioner appeared for verification and thereafter his name was included in the short list. Later, by Ext.P5 letter dated 22.6.2011 the District Officer of the Commission called upon him to produce a certificate to the effect that he still continues to be an employee of the fourth respondent society. The petitioner thereupon submitted Ext.P6 representation wherein he contended that he had already produced a certificate. By Ext.P7 letter dated 1.7.2011, the District Officer of the Commission informed him that as he has not produced WPC No.22274/2011 2 a certificate to prove that he continues to be an employee of the fourth respondent society, his application stands rejected. Hence this writ petition challenging Ext.P7. 2. From a reading of the writ petition, it is is evident that the reason why the petitioner could not produce the certificate called for in Ext.P5 was that after he applied for appointment, disciplinary action was initiated against him and he was dismissed from service in June 2008. The main contention raised in the writ petition is that though after the last date stipulated for submission of application the petitioner was dismissed from service as he was eligible to apply and was in service on the last date stipulated for submission of application, the rejection of his application on the ground that after the last date he was dismissed form service is illegal. 3. The issue raised by the petitioner is covered against him by the decision of a learned single Judge of this Court in Shibu v. State of Kerala (2010 (3) KLT 662). The petitioner in that writ petition had applied for appointment as Clerk/Cashier in the Ernakulam District Co-operative Bank. As on the last date he was employed in Nadamel Service Co-operative Society which was an affiliated member society of the Ernakulam District Co-operative Bank. Later WPC No.22274/2011 3 she left that bank and joined another bank which was not an affiliated member society of the Ernakulam District Co-operative Bank. The Commission rejected the application on the ground that her status as an employee of the member society had undergone a change after the last date stipulated for submission of the application. Upholding the rejection of the application, the learned single Judge held that as distinct from a professional qualification, where employment in a member society is stipulated as the eligibility criterion, loss of such employment would disqualify the candidate. It was held that for appointment in a quota reserved for employees of member societies, it is the date of appointment that is crucial and therefore the candidate has to be an employee of the member society as on the date of his appointment also. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps