IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 27243 of 2008(R) --------------------------------------- PETITIONER(S): ------------------------- ANTONY VARGHESE.V.V, VALIYAVEETTIL HOUSE, PALLIPURAM.P.O, MUNAMBAM, ERNAKULAM DISTRICT. BY ADVS. SMT.K.S.SAIRA MR.A.ANILKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KPSC DISTRICT OFFICE, THRIKKAKARA, PANCHAYATH BUILDINGS COMPLEX, KAKKANAD, ERNAKULAM - 682 030. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 27243 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of May, 2009 JUDGMENT Heard Sri. A.Anilkumar, the learned counsel appearing for the petitioner, Smt. Anu Sivaraman, the learned Government Pleader appearing for the first respondent and Sri. Alexander Thomas, the learned standing counsel appearing for respondents 2 and 3. 2. The petitioner was an applicant for appointment to the post of Police Constable in the Armed Police Battalion in Ernakulam District. As per the notification inviting applications, the last date fixed for receipt of applications was 17-10-2006. According to the petitioner, he had applied within time. This writ petition was filed, when the petitioner was not invited to appear for the written test held on 6-9- 2008. By reason of the interim order passed by this Court, he was provisionally permitted to appear for the written test held on 6-9-2008. 3. The Kerala Public Service Commission has filed a WPC 27243/08 2 counter affidavit stating that the application submitted by the petitioner was received only on 25-10-2007, eight days after the last date fixed for the receipt of applications. Relying on the decision of this Court in Binimil K.G. V. K.P.S.C. (1997(2) KLJ 477) the Commission contends that the application submitted by the petitioner cannot be entertained. 4. As directed by this Court, the learned standing counsel for the Commission made available to me the original of the postal cover in which the petitioner had sent the application along with the original of the application. Though the application is dated 10-10-2007, the postal cover in which it was sent to the District Office of the Kerala Public Service Commission at Ernakulam discloses that it was received at Ernakulam for delivery to the District Officer only on 25-10-2007. The endorsement made by the District Officer on the original of the application also shows that it was received only on 25-10-2007. The last date fixed for receipt of applications was 17-10-2007. The last WPC 27243/08 3 date was not extended. As the petitioner's application was received belatedly, the Commission was right in rejecting the application. In the light of the authoritative pronouncement of this Court in Binimil K.G. V. K.P.S.C. (Supra, no relief can be granted to the petitioner. This writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.