IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34488 of 2008(E) -------------------------- PETITIONER(S): ------------------ HEMACHANDRAN NAIR.S. S/O.K.SASIDHARAN NAIR,SASI VIHAR, THALIKKAMUKAL, KARIPPOOR.P.O. NEDUMANAGD,THIRUVANANTHAPURAM. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------- 1. PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. SECRETARY, PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 3. DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM. SRI.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 34488 OF 2008 (E) ==================== Dated this the 26th day of November, 2008 J U D G M E N T Petitioner responded to Ext.P1 notification issued by the PSC inviting applications for HSA(Maths). The applications were invited under the by transfer category from among those in the Education Department, having the qualifications mentioned therein. The application made by the petitioner was rejected by Ext.P5. The two reasons stated for rejection are that the petitioner does not have the prescribed qualification and that the petitioner is not working in the department concerned. It is challenging this order the writ petition is filed. Counsel for the petitioner contended that since all that is mentioned in the notification was that the applicants should be from the Education Department and as he is working in the Collegiate Education Department, his application is liable to be considered. Admittedly, the vacancies are those in the General Education Department and the petitioner is working in the Collegiate Education Department. If the post is to be filled up resorting to by transfer method, necessarily, the petitioner should belong to the department in respect of which the vacancies are notified. Admittedly, the petitioner does not belong to the General Education Department, where the vacancies are available, and if WPC 34488/08 :2 : that be so, the rejection by Ext.P5 is for the reason that the petitioner does not belong to the department concerned and therefore his candidature cannot be considered does not call for interference. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp