IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 OP.No. 11791 of 2002(D) ----------------------- PETITIONER: ------------------- S.SANTHOSH KUMAR,CHINGACHAMVILA VEEDU, KARIYODE CHENGAL P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM BY ADV. SRI.C.P.SUDHAKARA PRASAD SRI.ELVIN PETER P.J. RESPONDENTS: ---------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM,REPRESENTED BY THE SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM 3. THE DIRECTOR,N.C.C. DIRECTORATE,KERALA, VAZHUTHACAUD,THIRUVANANTHAPURAM BY ADV. SRI.P.S.SREEDHARAN PILLAI, SCGSC FOR R3 SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 11791 of 2002(D). PETITIONER'S EXHIBITS:- P1: Copy of the Notification in the Kerala Gazette dtd.23.2.99. P2: Copy of the intimation sent to petitioner dtd.3.1.2001. P3: Copy of the intimation dtd.22/1/02 sent to the petitioner. P4: Copy of the Creamy Layer certificate dtd.4.2.02 issued by Tahsildar, Neyyattinkara. P5: Copy of the Medical Certificate dtd.2.2.02 issued by the Asst. Surgeon, General Hospital, Trivandrum. P6: Copy of the representation dtd.1.4.2002 submitted by the petitioner before the Secretary, Kerala Public Service Commission. P7: Copy of the ranked list of Driver Gr.II published on 17.4.02. P8: Copy of order dtd.11.5.2001 in CMP.No.23798/01 in OP.15180/01. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) PA to Judge. kvs/- C.N.RAMACHANDRAN NAIR, & T.R.RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = O.P.No.11791 OF 2002-D. = = = = = = = = = = = = = = = Dated this the 15th day of January, 2008. C.N.Ramachandran Nair, J. J U D G M E N T This Original Petition was filed challenging non-inclusion of the petitioner in the rank list prepared by the Public Service Commission for appointment as Driver in the NCC Department. The petitioner applied for the post along with others and qualified in the written examination. Though he was called for interview on 6.2.2002 the interview was postponed on account of Government employees' strike. The Public Service Commission refixed the interview on 25.3.2002 but did not sent individual notices afresh to the candidates who are called for interview including the petitioner. According to the petitioner he did not notice the publication in the newspaper and therefore he could not appear in the interview held on 25.3.2002. The petitioner came to OP.No.11791 OF 2002-D. 2 know about the conduct of the interview and final selection made only when the Public Service Commission published the select list on 6.4.2002. The petitioner's case is that he was entitled to an individual notice for interview after the first interview held on 6.2.2002 was postponed. Counsel for the P.S.C. submitted that the P.S.C. had been following the same system all through. According to him, having regard to the voluminous work of the P.S.C. it may not be physically possible to issue individual notices to all those applicants called for interview a second round, if the interview fixed at first time is postponed. We are told that the P.S.C. has handled 41 lakhs applications for various posts during the last one calendar year. We, therefore, find force in the contentions of the P.S.C. that if individual notices have to be repeatedly issued, there will be inordinate delay and expenditure in the conduct of examination and interview by the P.S.C. It is confirmed that first time every applicant is issued hall ticket for written examination and if the examination is postponed for any reason, the same will be intimated through paper publication made by the P.S.C. We are told that P.S.C. has been publishing the OP.No.11791 OF 2002-D. 3 postponement in all the leading newspapers and going by general habit of the public, they keep track of the information published by the P.S.C. through newspapers. Of course, there may be rare cases when people like petitioner may miss the publication on account of engagement in duty elsewhere. Strangely, even the first notice is not being sent through registered post and we are told that a Division Bench has upheld the said procedure adopted by the P.S.C. Even though we find justification in the contention of the P.S.C., we feel better safeguards should be made to avoid inconvenience to the applicants in future. We, therefore, direct the P.S.C. to put a clause in the call letters for written test as well as interview in a conspicuous manner stating that repeated individual notices will not be issued for written test or interview in the event of postponement of either of these and that the same shall be intimated through paper publication, so that applicants keep track of newspapers about the next date of examination or interview. This should certainly be done in addition to the publication made in the P.S.C. Web Site which may not be seen by large number of applicants who apply for lower grade employment. Since the rank list in this case OP.No.11791 OF 2002-D. 4 was finalised on 6.4.2002 and expired on 17.2.2005 and since the petitioner crossed the age of 43 as on today, there is no scope for granting any relief to the petitioner. The Original Petition is dismissed as above but with the direction to the P.S.C. to follow the above instructions in future selections. C.N.RAMACHANDRAN NAIR, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/