IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 22852 of 2011(F) -------------------------- PETITIONER(S): --------------- JOHN JACOB, KANNIMATTOM, T.C.3/678, MUTTADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.M.G.AISHWARYA RESPONDENT(S): --------------- KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN 695004. BY S.C. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22852 of 2011(F) APPENDIX PETITIONER'S EXHIBTS: EXT.P1: TRUE COPY OF THE DISCHARGE CERTIFICATE NO.17/08/DIO DATED 5.11.2009 EXT.P2: TRUE COPY OF THE BROCHURE IN MAVELI FM-2011 STAGE SHOW ACROSS USA. EXT.P3: TRUE COPY OF THE NOTIFICATION NO.S/L.NO.95/2010/ER-1 DATED 9.11.2010 OF THE RESPONDENT. EXT.P4: TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE RESPONDENT DATED 16.8.2011. EXT.P5: TRUE COPY OF THE POSTAL RECEIPT DATED 17.8.2011. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.22852 of 2011 ---------------------------- Dated 29th August, 2011 JUDGMENT The petitioner is an applicant for appointment to the post of Assistant Information Officer under the Information and Public Relations Department. Pursuant to the selection process a short list was published by the Kerala Public Service Commission and admittedly, the name of the petitioner is included therein. The interview is scheduled to be held from 12.9.2011 to 14.9.2011. The petitioner had submitted Ext.P4 representation to the Chairman of the Kerala Public Service Commission for postponing the interview scheduled to be held on the aforementioned dates citing the reason that on account of unavoidable circumstances he has to leave for United States of America on 22.8.2011 and he could return only on 30.9.2011. In short, the claim of the petitioner is for postponing the interview after 5.10.2011 or fix a date for his interview after 5.10.2011. 2. When this matter came up for admission, this Court directed the learned standing counsel for the Kerala Public Service Commission to get instructions in the matter. When this matter is taken up for consideration today, the learned standing counsel handed over a copy of Circular No.19/89 dated 16.09.1989. It would reveal WP(C).No.22852/201` 2 that the particular question of conducting supplementary interview for candidates who are absent on the date of interview came up for consideration before the Commission and it was discussed at length. After such long discussion a definite stand was taken that supplementary interview need be allowed only as a change of date within the schedule of interview for that particular post. Admittedly, the interview is scheduled in this case from 12.9.2011 till 14.9.2011. So, going by the decision taken by the Public Service Commission, on compelling reasons change in date can be allowed within the schedule of interview. The main prayer of the petitioner assumes relevance and it reads thus:- “to declare that the petitioner is legally entitled to be interviewed and that considering the extra ordinary situation the petitioner is put to, the respondent is bound to either postpone the date of interview after 5th of October, 2011 or fix a date after 5th October, 2011 for the interview of the petitioner.” Obviously, the aforesaid prayer of the petitioner cannot be granted in the light of the said circumstances. All aspects of the issue regarding the conduct of supplementary interview was taken into consideration by the Public Service Commission as is obvious from the Circular dated 16.9.1989 and the reasons that compelled the Public Service Commission to arrive at such a decision do not call for any interference by the Commission. Personal inconvenience of a particular candidate cannot be WP(C).No.22852/201` 3 a reason for postponing an interview scheduled by the Kerala Public Service Commission. The reason assigned by the petitioner that he has been engaged by the Sarigama Entertainment INC, New York along with certain other well known artists to perform stage shows in United States of America from 24.8.2011 to 30.9.2011 and withdrawal from the same would make him liable to pay huge sum as compensation cannot be a compelling reason for directing the Commission to conduct an interview for the petitioner after his return from USA. Considering all the aspects of the issue in the light of the said circular and also the absence of any specific enabling provision making the Commission obligatory to consider such a claim from a candidate this Court cannot issue a declaration that the petitioner is legally entitled to be interviewed on a date which is later than the dates fixed for interview by the Commission. In the said circumstances, the petitioner is not entitled to the reliefs sought for. There is no merit in this writ petition. Accordingly, it is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS