IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 23899 of 2011(J) -------------------------------------- PETITIONER(S): ------------------------ SUBAIR K.NAINAR, KARIKKANPARAMBIL HOUSE, MANIYARANKUDY P.O., MANIYARANKUDY, IDUKKI - 685602. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 004. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOTTAYAM - 686 001. 9900000008BVR1 BY GOVT. PLEADER SRI.E.M.ABDUL KHADER R2 & R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.23899/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE MEMO DATED 28.8.2008 EXT.P2:- COPY OF THE ADMISSION TICKET. EXT.P3:- COPY OF MEMO DATED 26.10.2010 EXT.P4:- COPY OF LETTER DAED 5.3.2011 EXT.P5:- COPY OF DISCHARGE CERTIFICATE ISSUED BY PRINCIPAL, G.V.H.S.S.S., THODUPUZHA. EXT.P6:- COPY OF DISCHARGE CERTIFICATE ISSUED BY KERALA LIVESTOCK DEVELOPMENT BOARD. EXT.P7:- COPY OF DISCHARGE CERTIFICATE ISSUED BY ASST.WILDLIFE WARDEN SHOLA. EXT.P8:- COPY OF DISCHARGE CERTIFICATE ISSUED BY BDO, PEERMEDU. EXT.P9:- COPY OF THE RANK LIST FOR THE POST OF LIVESTOCK INSPECTOR. EXT.P10:- COPY OF THE GENERAL CONDITIONS ISSUED BY THE PSC. RESPONDANTS'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss P.R. RAMACHANDRA MENON, J. .............................................. W.P.(C).NO.23899 OF 2011 ............................................. Dated this the 3rd day of November, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: a. issue a writ of certiorari quashing Ext.P4 as unjust, illegal and unsustainable: b. to declare that the petitioner is entitled to be included in Ext.P9 ranked list. c. to issue a writ of mandamus directing the respondents to include the petitioner in Ext.P9 ranked list for the post of Livestock Inspector in Kottayam district which is notified as category No.135/2008. 2. The basic contention of the petitioner is that he is entitled to have the benefit of 'age relaxation' in respect of the period served by the petitioner under various establishments. 3. A detailed counter affidavit has been filed on the part of the Public Service Commission pointing out that the age relaxation to the permissible extent; particularly in respect of the actual provisional service in the State of Subordinate Service, which alone can be reckoned has been given and that the service rendered by the petitioner in any Corporation or Board is not acceptable as per the W.P.(C).NO.23899 OF 2011 : 2 : relevant rules. It is further stated that being a member of the Muslim community, the petitioner is further eligible for 3 years' age relaxation and thus the petitioner is entitled to have a total relaxation of 4 years two months and 28 days i.e., up to 39 years two months and 28 days; where as his age as on 1.1.2008 is 39 years 8 months and 16 days. This being the position, the petitioner is over aged; which alone is the reason for having rejected the application preferred by the petitioner and the same has been communicated to the petitioner as per Ext.P4. Learned counsel for the petitioner submits that, in view of the stand taken by the PSC, the petitioner would like to pursue the matter before the Government and that the petitioner might be given permission to withdraw the writ petition without prejudice to such course. Permission is granted and the writ petition is dismissed as withdrawn. Sd/- P.R. RAMACHANDRA MENON, JUDGE. cl