IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 30947 of 2005(H) ------------------------------------- PETITIONER(S): ----------------------- 1. K. PUSHPARAJAN, KALARIKKAL HOUSE, PAYYAMPALLY, NILAMBUR R.S. (P.O.), MALAPPURAM DISTRICT-679 330. 2. SURESH. N., NANNAMBRA HOUSE, PUTHIYAKODE, AMARAMBALAM P.O., NILAMBUR VIA., MALAPPURAM-679 332. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE BY ADV. SRI.K.VINODKUMAR SRI.P.K.MANOJKUMAR RESPONDENT(S): -------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE KERALA STATE ROAD TRANSPORT CORPORATION (K.S.R.T.C.), REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. R1 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R2 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30947/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION DTD. 20.4.1999 ISSUED BY THE KERALA GAZETTE, KERALA PUBLIC SERVICE COMMISSION. P2:- COPY OF THE EXPERIENCE CERTIFICATE DTD. 5.2.1997 ISSUED BY THE P.SREEDHARAN, PROPRIETOR, SREE AUTO GARAGE, GOVERNMENT APPROVED WORKSHOP, NILAMBUR 679 329 TO THE IST PETITIONER. P3:- COPY OF THE CERTIFICATE DTD. 7.8.02 ISSUED BY the WORKS MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION , REGIONAL WORK SHOP, EDAPAL, TO THE IST PETITIONER. P4:- COPY OF THE I.T.I. CERTIFICATE SL. NO.01341 DTD. 17.10.1994 ISSUED BY THE PRINCIPAL, INDUSTRIAL TRAINING DEPARTMNET, AREACODE TO THE IST PETITIONER. P5:- COPY OF THE EXPERIENCE CERTIFICATE DTD. 7.5.1999 ISSUED BY THE WORKS MANAGER K.S.R.T.C. EDAPAL TO THE IST PETITIONER. P6:- COPY OF THE EXPERIENCE CERTIFICATE DTD. 7.8.02 ISSUED BY THE WORKS MANAGER, K.S.R.T.C REGIONAL WORKSHOP, EDAPAL, TO THE 2ND PETITIONER. P7:- COPY OF THE EXPERIENCE CERTIFICATE DTD. 7.5.1999 ISSUED BY THE WORKS MANAGER, K.S.R.T.C REGIONAL WORKSHOP , EDAPAL, TO THE 2ND PETITIONER. P8:- COPY OF THE EXPERIENCE CERTIFICATE DTD. 30.1.1998 ISSUED BY THE P.SREEDHARAN, SREE AUTO GARAGE, NILAMBUR, TO THE 2ND PETITIONER. P9:- COPY OF THE CERTIFICATE SL. NO.20736 FYF. 22.9.1992 ISSUED BY THE PRINCIPAL INDUSTRIAL TRAINING DEPARTMENT AREACODE TO THE 2ND PETITIONER. P10:- COPY OF THE MEMO DTD. 18.6.2003 ISSUED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM TO THE IST PETITIONER. P11:- COPY OF THE MEMO, DTD. 18.6.2003 ISSUED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION , THIRUVANANTHAPURAM TO THE 2ND PETITIONER. P12:- COPY OF THE CERTIFICATE DTD. 26.6.03 ISSUED BY THE MANAGING DIRECTOR K.S.R.T.C THIRUVANANTHAPURAM. P13:- COPY OF THE ACKNOWLEDGEMENT CARD RECEIPT, NO.678 ISSUED BY THE POSTAL DEPARTMENT. P14:- COPY OF THE ACKNOWLEDGEMENT CARD RECEIPT NO.1573 ISSUED BY THE POSTAL DEPARTMENT. P15:- COPY OF THE SHORT LIST PUBLISHED BY THE P.S.C. DTD. 13.8.2003. W.P.(C) NO.30947/2005 P16:- COPY OF THE RANKED LIST PUBLISHED BY THE P.S.C. DTD. 30.10.04. P17:- COPY OF THE LIST OF THE OTHER CANDIDATES DTD. 27.10.2001 PUBLISHED BY THE WORKS, MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION , EDAPAL. P18:- COPY OF THE ADMISSION TICKET DTD. 22.11.2001 EXAM. DATE. 12.12.2001 ISSUED BY THE P.S.C. TO THE 2ND PETITIONER P18(a):- COPY OF THE ADMISSION TICKET SAME DTD. 22.11.2001 ISSUED BY THE P.S.C. TO THE 2ND PETITIONER. P19:- COPY OF THE ORDER OF APPOINTMENT NO.13/B3/96/EDPL. DTD. 22.2.1997 ISSUED BY THE WORKS MANAGER, K.S.R.T.C. REGIONAL WORKSHOP, EDAPAL, TO THE 2ND PETITIONER. TRUE COPY P.A. TO JUDGE.S tss S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.30947 OF 2005 ------------------------------- Dated this the 18th day of October, 2010 J U D G M E N T The petitioners applied for the post of Black Smith Gr.II in the Kerala State Road Transport Corporation, pursuant to notification issued by the PSC inviting applications for the said post. But their applications were rejected by Exts.P10 and P11 memos on the ground that the petitioners do not have the qualifications prescribed in the notification inviting applications. According to the petitioners, the petitioners had the required educational qualifications. They also had the required experience part of which is in the KSRTC. According to them, Exts.P10 and P11 memos had been issued on the assumption that the KSRTC Workshop at Edappal from where the petitioners gained experience is not a factory and as per the notification inviting applications, experience certificates should be from a registered SSI unit or an establishment registered under the Factories Act. W.P.(C)No.30947/05 2 They would submit that in view of the objection, they had obtained Ext.P12 certificate from the KSRTC certifying that the KSRTC Regional Workshop at Edappal is a factory registered under the Factories Act, 1948. Therefore, according to the petitioners, they were duly qualified to be considered for selection to the post of Black Smith. Therefore, they seek the following reliefs: “i. To issue a writ of mandamus or other appropriate writ order or direction directing the Ist respondent to invite the petitioners for interview and to include the names of the petitioners in Exhibit-P16 ranked list; ii. To issue a writ of mandamus or other appropriate writ order or direction directing the Ist respondent to advise the names of the petitioners for appointment to the post of Black Smith Grade II in the K.S.R.T.C. consequent on the inclusion of the names of the petitioners in Exhibi-P16 ranked list” 2. A counter affidavit has been filed by the PSC, wherein they have taken a contention that the last date of submitting applications was 16.6.1999 and up to 16.6.1999 the petitioners had only 2 ¼ years' experience and therefore, the petitioners are not qualified, since the minimum experience prescribed is three years. 3. In answer to the same, the petitioners would contend that they had Exts.P2 and P8 experience certificates from two private garages approved by the Government and W.P.(C)No.30947/05 3 counting that also, the petitioners had more than three years' experience. 4. I have considered the rival contentions in detail. As per Ext.P1 notification inviting applications, the qualifications prescribed are ITI in Blacksmithy and minimum three years experience in Blacksmithy. The note included in Ext.P1 notification stipulates that the experience certificate shall be those issued by either a registered SSI unit or a factory registered under the Factories Act. It is true that the petitioners had as on the last date of submitting applications, 2 ¼ years of experience in KSRTC Workshop, Edappal which is a factory registered under the Factories Act. But, Exts.P2 and P8 certificates are issued neither by a registered SSI unit nor by a factory or workshop registered under the Factories Act. It simply says that those garages are Government approved workshops. That does not mean that those garages are SSI units or factories registered under the Factories Act. Further the PSC has taken a contention in their counter affidavit that those certificates only show that the petitioners were working as patch worker and body builder in those institutions and the notification stipulates that the practical experience shall be in W.P.(C)No.30947/05 4 blacksmithy work. I am inclined to countenance those objections raised by the PSC, in so far as Exts.P2 and P8 certificates cannot be accepted as in conformity with the stipulations in Ext.P1 notification. Therefore, the petitioners were not qualified for consideration for selection as on the last date for submitting applications as per Ext.P1 notification issued by the PSC since they had failed to prove minimum three years' experience in blacksmithy work, by producing acceptable certificates as per the notification inviting applications. Therefore, there is no merit in the writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.30947/05 5 W.P.(C)No.30947/05 6