IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WA.No. 2494 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21973/2008 Dated 19/09/2008 .................... APPELLANT(S): PETITIONER ------------------------ HUSSAIN MANNISSERI, MANNISSERI GHULSHAN N.E.MUBARAK, MINI ROAD,KAPPIL,CHERU, P.O.VENGARA,MALAPPURAM. BY ADV. SRI.M.VIJAYAKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE P.O., THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 GOVT.PLEADER SMT.R.BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.2494 of 2008 ---------------------------------------------- Dated 4th February, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. He was a candidate for appointment to the post of Higher Secondary School Teacher (Urdu), when applications were invited for the same by the Public Service Commission, on 28.12.2005. 10 years' experience as High School Assistant(Urdu) was one of the obligatory qualifications prescribed for the said post. Though the appellant was included in the short list, he was not included in the final rank list, for the reason that he did not have the requisite qualification as on the last date for submission of applications. Ext.P2 dated 26.10.2006 is the communication issued in this regard. According to the appellant, he acquired the 10 years' teaching experience by the time the interview was held in December, 2006. Based on that claim, the writ petition was filed. Since the said claim was plainly untenable, the learned Single Judge rightly dismissed the writ petition. 2. The various qualifications of the candidate, other than the qualification regarding age, should be as on the last day WA NO.2494/08 2 of submission of applications, unless otherwise specified. In the case of age, the candidate should be qualified as on the first day of January, in the year in which the applications are invited. In view of this well settled position, we find nothing wrong with the view taken by the learned Single Judge. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.2494 of 2008 ---------------------------------------------- J U D G M E N T Dated 4th February, 2010.