IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 30155 of 2010(T) -------------------------- PETITIONER(S): --------------- 1. PADMANABHAN K.V., AGED 44 YEARS, S/O.K.P.KUNHAMBU, THEKKEKKAD, PADANNAKADPPURAM.P.O., KASARAGOD DISTRICT. 2. VIJAYAN.P., AGED 46 YEARS, KARAKKERU HOUSE, PILICODE.P.O., THRIKARIPUR (VIA), KASARAGOD-673 135. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN 695001. 2. DEPUTY DIRECTOR OF EDUCATION, WAYANAD, PIN 668001. 3. PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, PIN 695001. 4. DISTRICT OFFICER, PUBLIC SERVICE COMMISSION, WAYANAD, PIN 668001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30155 of 2010 --------------------------------------------- Dated this the 6th day of October, 2010 JUDGMENT The Kerala Public Service Commission, as per notification dated 12.6.2007, invited applications for the post of High School Assistant (Malayalam). The last date for submitting the application was 18.7.2007. The petitioners applied as per the notification. They appeared for the written test. Notices were issued to the petitioners to appear for verification of the documents and also for the interview on 18th and 19th August, 2010. 2. The case of the petitioners is that on verification of the records, one of the members of the PSC stated that the petitioners did not have the required qualification, namely, B.Ed. in Malayalam. Accordingly, the petitioners were not allowed to participate in the interview. According to the petitioners, the notification did not insist that the training qualification should be in the subject concerned. It is contended that Ext.P3 notification, namely, G.O.(P) No.160/09/G.Edn. dated 4.8.2009 stipulating WPC No.30155/2010 2 that for the post of High School Assistant (Languages), the candidates should have acquired B.Ed. in the subject concerned, operates only prospectively and that when the notification issued by the Public Service Commission did not insist B.Ed. Degree in the subject concerned, Ext.P3, which was issued subsequently, could not be applied. 3. The Standing Counsel for the Kerala Public Service Commission produced a copy of the notification dated 12.6.2007 issued by he Kerala Public Service Commission for the post of High School Assistant (Malayalam). Copy of the notification is taken on record. Note 2 in the notification clearly provides that the B.Ed Degree should be in the subject concerned, namely, Malayalam. The petitioners have not produced the notification along with the Writ Petition. They raised a contention that the notification issued by the PSC did not stipulate that B.Ed. Degree should be in the subject concerned. This contention put forward by the petitioners is falsified by the production of a copy of the notification by the Standing Counsel for PSC. It would appear that there was suppression of material facts. Normally, when material facts are suppressed, the Writ Petition would be liable WPC No.30155/2010 3 to be dismissed with costs. However, since the petitioners applied for the post, appeared for the written test and, were under the hope of getting a job, I do not think that I should impose costs on the Writ Petitioners. For the aforesaid reasons, the Writ Petition is dismissed. K.T.SANKARAN, JUDGE csl