IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WA.No. 1428 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18818/2010 Dated 17/06/2010 .................... APPELLANT(S): PETITIONER ------------------------ SUSANTH.P.S,AGED 29 YEARS,S/O.SUSEELAN, PALAMATTOM HOUSE,NEHRU TROPHY WARD, AVLAKUNNU PO,ALAPPUZHA. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM-4. 2. THE KERALA STATE WATER TRANSPORT DEPARTMENT,REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF STATE WATER TRANSPORT DEPARTMENT, NEAR KSRTC BUS STATION,ALAPPUZHA 688 011. R1 BY SC FOR PSC SRI. ALEXANDER THOMAS R2 BY G.P. SRI. BENNY GARVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1428 of 2010 -------------------------------------------- Dated this the 2nd day of September, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant. The appellant was an applicant for the post of Boat Lascar against applications invited by the PSC. The eligibility for applying for the post of Boat Lascar includes licence issued by the concerned authority. When appellant applied he did not have licence inasmuch as his licence had expired several months before the date of submission of application. Even when he filed belated application for renewal of licence, it was granted only prospectively with the result that appellant did not have valid licence as on the date of making application for the post. The learned single Judge found that appellant is ineligible to apply for the post as he did not have the driving licence against which this Writ Appeal is filed. 2. Before us, learned counsel for the appellant referred to Rule 118B of the Public Canals and Public Ferries Rules, wherein three years' period from the date of expiry of licence is provided for applying WA 1428 of 2010 2 for renewal of licence. However, there is nothing in the rule that the renewal so granted will have retrospective effect. Consequently any renewal is only prospective and so much so, appellant cannot claim to be eligible to apply for the post. We find no merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1428 of 2010 3