IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 14225 of 2006(R) ---------------------------------- PETITIONER: --------------- AMBILI N., METTUR HOUSE, P.D. ROAD, PALLURUTHY. BY ADV. MR.P.RAMAKRISHNAN RESPONDENT: --------------- KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE PALACE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14225 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1; COPY OF CALL LETTER RECEIVED BY THE PETITIONER FROM THE RESPONDENT DTD 14.10.2005. EXT.P2: COPY OF CERTIFICATE DATED 11.11.2005 ISSUED BY THE DIRECTOR OF TECHNICAL EDUCATION. EXT.P3: COPY OF RANKED LIST PUBLISHED BY THE RESPONDENT FOR THE POST OF ASSISTANT ENGINEER (ELECTRICAL) IN THE KERALA STATE ELECTRICITY BOARD ON 13.1.2006. EXT.P4: COPY OF CERTIFICATE DTD 10.02.2006 ISSUED BY THE TAHSILDAR, KOCHI. EXT.P5: COPY OF REPRESENTATION ABOVE MENTIONED, DTD 11.2.2006. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. -------------------------------- W.P.(C) No.14225 OF 2006 ------------------------------------ Dated this the 27th day of September, 2010 J U D G M E N T The petitioner applied to the Kerala Public Service Commission for selection to the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board. At that time, she was employed in Government Service. Therefore, the petitioner was obliged to produce a No Objection Certificate from her employer for being considered for inclusion in the rank list. On the date fixed for production of certificate, the petitioner produced a certificate, which was defective. Consequently, the petitioner's candidature was not considered for inclusion in the rank list. The petitioner claims to have produced a fresh certificate later, after the date fixed for the same was over. Therefore, she was not included in the rank list. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “a) Issue a writ of mandamus or other appropriate writ or order directing the respondent W.P.(c)No.14225/06 2 to include the petitioner's name in Exhibit P-3 ranked list in her entitled position, b) Hold that the non inclusion of the petitioner in Exhibit P-3 ranked list on the ground that the No Objection Certificate submitted by the petitioner was defective is arbitrary, discriminatory and unsustainable, c) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to take up and dispose of Exhibit P-5 forthwith” At the time of submitting application, the petitioner was an L.D.Clerk in Government service. But, at the time of production of certificate, the petitioner had already obtained an employment in the Government Engineering College as a Lecturer. It is admitted that the petitioner had not produced a proper No Objection Certificate from her employer on the due date fixed by the Public Service Commission for production of certificates. Therefore, the Public Service Commission cannot be found fault with for not considering the petitioner's candidature for inclusion in the rank list. Admittedly, the petitioner did not produce the No Objection Certificate within the time stipulated by the PSC. Now the rank list has also expired long back. 2. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the W.P.(c)No.14225/06 3 Constitution of India to give relief to the petitioner in this writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.14225/06 4