IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 29365 of 2006(U) -------------------------- PETITIONERS: ---------------------- 1. ANOOP M., S/O. SAHADEVAN (LATE), AGED 24 YEARS, ANI NIVAS, P.O. CHAMPAD, PANOOR, KANNUR DISTRICT. 2. NEELIMA P.V., D/O. SUDHAKARAN P.V., AGED 22 YEARS, PALARIKUNNATH HOUSE, P.O. ATTADAPPA, KANNUR DISTRICT. 3. SHARIMA PALLIPRATH, D/O. SASI K., AGED 23 YEARS, KUNNUMCHERI HOUSE, P.O. PATHIRIYAD, KANNUR DISTRICT. 4. PRAJITH K.P., S/O. PAVITHRAN K.V., AGED 26 YEARS, PAVITHRAM HOUSE, P.O. PINARAYI, KANNUR DISTRICT. 5. RIJU MOHAN, S/O. MOHANAN P., AGED 20 YEARS, PALAKURUMBIL P.O., OLAVANNA, KOZHIKODE DISTRICT. 6. RAMYA P., D/O.SUDHAKARAN P.V., AGED 20 YEARS, PALARIKUNNATH HOUSE, P.O. ATTADAPPA, KANNUR DISTRICT. 7. SUDHIMA V.P., D/O. APPU NAIR T., AGED 20 YEARS, VAYAPURATH HOUSE, CHERUKULATHOOR P.O., KOZHIKODE DISTRICT. 8. BABITHA K., D/O.BALAKRISHNAN K.V., AGED 20 YEARS, KANNAMKULATH HOUSE, P.O. PELICODE, KASARAGOD DISTRICT. WP(C).No. 29365 of 2006 :: 2 :: 9. JISHA BHASKARAN, D/O. BHASKARAN, AGED 24 YEARS, NISHA NIVAS, P.O. PINARAYI, KANNUR DISTRICT. 10. SHINTU JOSEPH, D/O. M.J.JOSEPH, AGED 20 YEARS, MANAKKAT HOUSE, P.O. CHUNKAKKUNNU, KANNUR DISTRICT. 11. SAJINA K., D/O. RAJAN OTAKKATH, AGED 24 YEARS, PUNATHILAKANDY HOUSE, P.O. MUTHIYENGA, PATHAYIKUNNU (VIA), KANNUR DISTRICT. 12. RASITHA P., D/O. SREEDHARAN P.K., AGED 20 YEARS, PULUKKOOL HOUSE, P.O. SREESTHA, PAYANGADI, KANNUR DISTRICT. 13. SHEENA CHANDRAN, D/O. CHANDRAN P.P., AGED 20 YEARS, SHEENA NIVAS, P.O. IRINAVU, KANNUR DISTRICT. 14. GREESHMA K.P., D/O.MADHUSOODANAN K.P., AGED 26 YEARS, MANIKKOTH HOUSE, P.O. EACHUR, KANNUR DISTRICT. 15. PRIYA P., D/O. RAJEEVAN P., AGED 22 YEARS, KAYAKKAL P.O., AZHEEKKAL, KANNUR DISTRICT. 16. SILIYA THATTETHVALAPPIL, D/O. P.P. JAYARAJ, AGED 20 YEARS, SAKTHI VIHAR, P.O. KOODALI, KANNUR DISTRICT. 17. SWAPNASREE PETTAKKANDY MURIKKOLI, D/O. KUNHIKRISHNAN (LATE), AGED 24 YEARS, CHITIYANKANDI HOUSE, P.O. MANGATTIDAM, KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH SMT.C.C.JANCY SRI.MOHAMMED SHAMEEL WP(C).No. 29365 of 2006 :: 3 :: RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KANNUR. 4. KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KASARAGODE. 5. KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, WAYANAD, KALPETTA, WAYANAD DIST. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C)No.29365 of 2006 ------------------------- Dated this the 15th day of February, 2008. JUDGMENT The petitioners applied for the post of Junior Health Inspectors Grade II pursuant to a notification dated 31.12.2005. The last date of receipt of an application as noted in Ext.P1 is 15.2.2006. Petitioners had appeared for the examination conducted by the All India institute of Local Self-Government for Sanitary Inspector's Diploma and the results were declared only on 4.3.2006. It seems that the petitioners were not qualified on the date of notification or on the last date of receipt of application as per the notification. The Public Service Commission rejected their applications on account of this factor. Ext.P4 is the communication issued to the 1st petitioner. Petitioners challenge Ext.P4 and similar communications received by each one of them and also seek a declaration that they are entitled to W.P.(C).NO.29365/06 :: 2 :: appear for the written examination for the post of Junior Health Inspector Grade II which was conducted on 18.11.2006. The writ petition was filed on 7.11.2006. 2. I note that this court did not pass any interim order permitting the petitioners to participate in the written test. The second prayer does not survive. 3. Insofar as the rejection of the petitioners' applications is concerned, the Public Service Commission, in their counter affidavit, have clearly given the details of each one of the petitioners. The petitioners did not acquire the requisite qualification on the last date of notification as noted in Ext.P1 notification. In the circumstances, the petitioners cannot have any grievance as regards the same. 4. Learned counsel for the petitioners submit that certain other persons, whose details are given in I.A.No.17/07, were permitted to sit for the W.P.(C).NO.29365/06 :: 3 :: examination. An appropriate enquiry must be conducted into the same. I note that the Public Service Commission, in their counter affidavit, specifically stated the reasons for rejection of the petitioners' applications and of those persons similarly placed as that of the petitioners. If the petitioners have any case that any ineligible person's name has found its way into the list, then it is open to them to institute appropriate proceedings in relation to the same with the affected persons on the party array. Without prejudice to any such right of the petitioners, this writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge