IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 12568 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- SAJI T.J., S/O. JOHN, AGED 36 YEARS, THAYYIL HOUSE, ADAKKATHODE P.O., KELAKAM VIA., KANNUR-670 674. (WORKING AS NAIK, 122 INFANTRY BATTALION, (TA), MADRAS). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM - 695 002. 2. THE SECRETARY, THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 002. R1, R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 12568/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE COMMANDING OFFICER, 22 INFANTRY BTN., (TA) MADRAS TO THE PETITIONER. P2: COPY OF THE ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE PARTICULARS OF DRIVING LICENSE OF THE PETITIONER ISSUED BY THE LICENSING AUTHORITY. P4: COPY OF G.O.(P) NO.8/73/PD DATED 04/01/1973. P5: COPY OF THE LETTER DATED 22.02.1995 ISSUED BY THE STATE GOVERNMENT. P6: COPY OF THE ORDER DATED 04/04/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 12568 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of June, 2011. J U D G M E N T The petitioner is challenging Ext. P6 communication from the Kerala Public Service Commission on the ground that his candidature for the post of Fireman Driver-cum-Pump Operator in Rescue Services has been rejected on the ground that as per his application, he is not a pension holder for continuous (embodied) service in Territorial Army. The petitioner's contention in this writ petition is that the petitioner's application has been rejected on the ground that he is over-aged. In the writ petition, the petitioner admits that he is a serving Naik in the Infantry Battalion. Ext. P6 has not been challenged on the ground that the petitioner is a pension holder with continuous (embodied) service in the Territorial Army. When applications have been invited from pension holders for continuous (embodied) service in Territorial Army, it is for the petitioner to prove that he satisfies the qualification. Admittedly, the petitioner is a Naik in Infantry Battalion. Therefore, I do not find any merit in the challenge against Ext. P6. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/