IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2717 of 2011(L) ------------------------- PETITIONER: --------------- AJITHA K.R., W/O.HAREESH, PONPURATH HOUSE, PANAKKATTAMPALLI, AYSHA ROAD, PONNURUNNI, VYTTILA P.O., ERNAKULAM 682019. (REGISTER NO.E-139506). BY ADV. SRI.M.V.SOMARAJAN RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, PALACE, THIRUVANANTHAPURAM-695 0054 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM-695 004 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM-682 011 4. THE VILLAGE OFFICER, POONITHURA TALUK, ERNAKULAM-682 038 ADV.MR.ALEXANDER THOMAS – SC MR. SANDESH RAJA – GOVT.PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.2717 OF 2011 --------------------------------------- Dated this the 27th day of January, 2011 JUDGMENT The petitioner applied for the post of Last Grade Servant in Ernakulam district pursuant to notification inviting applications published by the Kerala Public Service Commission. She was included in the short list and at the time of verification of the documents, the petitioner submitted Ext.P3 Residence Certificate. According to the petitioner, the petitioner is a permanent resident of Ernakulam district for the last 12 years, although she was born in Alappuzha district. The permanent residents of the district of which the recruitment is made, is entitled to five marks as weightage, which is provided in Rule 5A of Part II of the Kerala State & Subordinate Service Rules. The petitioner has filed this writ petition on 25.1.2011 complaining that the petitioner had not been given weightage marks for nativity which if given, the petitioner's rank would be higher than what is now. It is under the above circumstances, the petitioner has filed this writ petition W.P.(C)No2717./11 2 seeking the following reliefs: “i) Issue a writ of mandamus or any other writ, order or direction to the respondents to accept the Residence Certificate submitted by the petitioner and award 5 marks as weightage in accordance with Rule 5A of the General Rules and also Ext-P1 notification issued by the P.S.C for selection and update status in the rank list of Last Grade Servants in Ernakulam District. ii) Direct the 4th respondent Village Officer, Poonithura Village, Ernakulam District to issue nativity certificate as per Ext-P1 format in place of residence certificate to the petitioner to be produced before the Public Service Commission, in case it is found absolutely necessary” 2. I am of opinion that the writ petition is liable to be dismissed for more than one reason. First is that the rank list was published as early as in 2007. The petitioner is approaching this Court only in 2011. The petitioner's contention is that the petitioner knew that the petitioner was not given the weightage marks for nativity only now. But, the petitioner has not been able to satisfy this Court that the same is good reason to explain the long delay. Further admittedly, the petitioner has produced only Ext.P3, which is not a Nativity Certificate but, only a Residence Certificate to the effect that the petitioner is presently a resident of Ernakulam. Admittedly, the petitioner is expected to produce a Nativity W.P.(C)No2717./11 3 Certificate and the same has not been produced. Without production of a Nativity Certificate, the petitioner is not eligible for the weightage marks as claimed by the petitioner. The petitioner's contention is that when the petitioner applied for Nativity Certificate, the petitioner has been favoured with Ext.P3 Residence Certificate. Even if that is correct, the petitioner's remedy was to seek appropriate directions against the Village Officer to issue a Nativity Certificate at that time itself. The petitioner has not cared to do so. Insofar as the PSC can give weightage marks only if the petitioner produced a Nativity Certificate which has not been produced by the petitioner, I do not think that the petitioner is entitled to the reliefs prayed for in th is writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No2717./11 4 W.P.(C)No2717./11 5