IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 37951 of 2010(T) -------------------------------- PETITIONER: -------------- CHANDRASEKHARAN.C.V., CHIRAYIL HOUSE, PERUMTHURUTHU, MUHAMMA P.O., ALAPPUZHA-685 525. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC FOR R3. SRI. V. VIJULAL, GOVERNMENT PLEADER FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.37951/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF NOTIFICATION DTD. 14.10.08. EXT. P2 : COPY OF APPLICATION SUBMITTED BY PETITIONER. EXT. P3 : COPY OF ADMISSION TICKET OF PETITIONER. EXT. P4 : COPY OF MEMO DTD. 25.11.10. EXT. P5 : COPIES OF CERTIFICATES OF PETITIONER. EXT. P6 : COPY OF REPRESENTATION DTD. 3.8.11 FILED BY PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37951 OF 2010 --------------------------------------- Dated this the 28th day of November, 2011. J U D G M E N T The petitioner herein seeks to quash Ext.P4 order by which the application submitted by the petitioner for the post of H.S.S.T-Political Science (Junior) stands rejected. The petitioner applied for the post pursuant to Ext.P1 notification. The date of birth of the petitioner is 26.09.1965. As per clause 6 of Ext.P1 notification, the age of the candidate should not exceed 39 years as on 01.01.2008. 2. The petitioner claims age relaxation on two grounds; one is that he is a Dheevara community candidate and hence he belongs to OBC. Therefore, it is submitted that age relaxation of three years is permissible as per Rule 10(c) of General Rules of KS & SSR. Secondly, it is submitted that if the temporary service rendered by the petitioner as H.S.A (Social Studies) is taken into W.P.(C) No.37951/2010 2 account, the petitioner would be fall within the age limit. The details of the provisional service rendered by the petitioner show that the total length of service of the petitioner is two years, six months and 11 days. 3. In the counter affidavit filed by the Public Service Commission, it is pointed out that in the application, the petitioner did not claim relaxation on the basis of provisional service. Apart from that, it is pointed out that as per the Government Order which provides for relaxation, a person who got regular appointment will not be entitled for concession for further appointment. Regarding this aspect, learned counsel for the petitioner submitted that the petitioner was initially appointed as Clerk and he was not granted any relaxation for appointment in the post of H.S.A and also at the time of appointment as Clerk. Presently, the petitioner seeks only for a direction to the Public Service Commission to consider Ext.P6 representation. I am not therefore going into merits of the matter. It is upto the Public Service Commission to give a suitable reply to the petitioner on the pleas raised in Ext.P6 and the same will be done W.P.(C) No.37951/2010 3 within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp