IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28038 of 2011(D) ---------------------------------------- PETITIONER(S): -------------------------- 1. RATHEESH.M.J., OVERSEER GRADE I, OFFICE OF THE ASSISTANT ENGINEER, L.S.G.D. SECTION, L.S.G.D. KAIPARAMBU/AVANOOR, THRISSUR. 2. JYOTHIRAJ.P.S. OVERSEER GRADE I, OFFICE OF THE ASST. EXECUTIVE ENGINEER, L.S.G.D. SUB DIVISION, THRITHALA BLOCK PANCHAYAT, PALAKKAD DISTRICT. BY ADV. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE CHIEF ENGINEER, LOCAL SELF GOVT. DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004. R1 & R2 BY SR GOVERNMENT PLEADER SRI.LIJU STEPHEN R3 BY ADV.SRI.P.C.SASIDHARAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28038/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF ORDER NO.E9/444/2010/CE/LSFD DATED 20-1-2010 ISSUED BY THE 2ND RESPONDENT. EXT.P1 TRUE COPY OF ORDER NO.E9/444/2010/CE/LSFD DATED 20-1-2010 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE ORDER THE PROCEEDINGS NO.A2-241/2010 DATED 8-2-2010 ISSUED BY THE EXEC. ENGINEER, LSGD. EXT.P4 TRUE COPY OF THE PROCEEDINGS NO.A2-1/03 DATED 10-2-2010 ISSUED BY THE EXEC. ENGINEER, LSGD. EXT.P5 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE GAZETTE DATED 30-12-2009. EXT.P6 TRUE COPY OF ERRATUM NITIFICATION DATED 31-3-2010 PUBLISHED BY THE 3RD RESPONDENT. EXT.P7 TRUE COPY OF ORDER NOTIFICATION WAS ADDED BY THE PSC IN ITS WEB SITE VIDE GAZETTE DATED 31-12-09. EXT.P8 TRUE COPY OF THE RANK LIST FOR THE POST OF ASST. ENGINEERS/ASST. TOWN PLANNING OFFICER ON RS. 11070/18450 IN THE LSGD. EXT.P9 TRUE COPY OF THE RANK LIST FOR SELECTION TO THE POST OF ASST. ENGINEER/ASST. TOWN PLANNING OFFICER IN THE LSGD. EXT.P10 TRUE COPY OF THE REPRESENTATION DATED 7-10-2010 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P11 TRUE COPY OF THE REPRESENTATION DATED 7-10-2010 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 28038 OF 2011 ----------------------------------------------------------- Dated this the 24th October, 2011. JUDGMENT The petitioners are persons who have been appointed to the post of Overseer Gr.I as per order dated 20-1-2010 of the second respondent, on the advice of the Kerala Public Service Commission (PSC for short). Before the appointment of the petitioners as stated above, the PSC had issued a notification on 31-12-2009 inviting applications for appointment to the post of Assistant Engineer/Assistant Town Planning Officer in the Local Self Government Department. The last date for submission of applications was 3-2-2010. The petitioners had also submitted applications for selection to the said post. 2. On being appointed to the post of Overseer Gr.I, the petitioners also became entitled to apply for the post of Assistant Engineers as departmental candidates. However, the last date fixed by the notification for submitting such an application has already expired. In the above circumstances the PSC published an erratum notification extending the last date for submission of applications by departmental candidates up to 5-5-2010. The WPC 28038/2011 2 petitioners did not notice the above extension of time. Therefore they did not submit applications for selection as departmental candidates. For the above reason when the PSC published the rank list of departmental candidates entitled to selection to the post of Assistant Engineers, their names are not included though the names of their juniors are there. 3. The case of the petitioners is that they had omitted to take note of the extension of time only because of the negligent manner in which the erratum notification was published by the PSC on its website. Therefore, the petitioners seek the issue of appropriate directions for the inclusion of their names in the list published by the PSC. 4. I have heard the learned Govt. Pleader as well as the standing counsel for PSC also. 5. It is clear from the averments of the petitioners that they had not submitted applications for being considered as departmental candidates for appointment to the post of Assistant Engineer/Assistant Town Planning Officer. Therefore, there was no occasion for the PSC to consider their claims. Consequently, the non-inclusion of the names of the petitioners in the list published by the PSC cannot be found fault with. Though the petitioners have WPC 28038/2011 3 put forward a case that it was because of the negligent manner in which the erratum notification was published that resulted in the omission of the petitioners to take note of the same, there are absolutely no materials produced to warrant any such conclusion. I do not find any infirmity in the action of the PSC that is challenged in this writ petition. The petitioners are not entitled to any of the reliefs claimed herein. This writ petition is accordingly dismissed. No costs. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 28038/2011 4