IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 20363 of 2010(U) ------------------------------------ PETITIONER(S): ---------------------- 1. VIJAYAN PILLAI.B., BALASADANAM, CHEREEKONAM, KANNANALLOOR P.O., KOALLAM-691576. 2. RAPHEL J., PALLIPURAYIDOM, THEKKUMBHAGOM, ERAVIPUIRAM P.O., KOLLAM-11. 3. ANILKUMAR.S., ANUPAM,T.K.M.COLLEGE P.O., KOLLAM-5. 4. ARUN KUMAR. P, KALEEKKAL VADAKKETHIL, VADAKKUMKARA WEST, UMAYANALLOOR P.O., KOLLAM-81. 5. T.SUDESAN,VAROOR KIZHAKKATHIL VEEDUM, PUNUKKANNOOR, PERUMPUZHA P.O., THALAPPARAMBU, KOLLAM-691504. 6. SUDEER A., MATHRAYIL HOUSE,KVITHA JUNCTION, KOOTTIKADA P.O.,THATTAMALA.KOLLAM. 7. MANOJ C., CHARUVILA VEEDU, PERUMPUZHA, KOLLAM. 8. PREMKUMAR, S.,PERM NIVAS, CHARUKKAD, CHEMMAKKAD P.O.,KOLLAM. 9. ASHOKAN .D., KALLUVILA VEEDU,PAVAKULAM,KOTTIYAM P.O., KOLLAM-691571. WP(C).No. 20363 of 2010 10. ANILKUMAR.K., JOHNSON SADANAM,KANJIRAMKODU,KUNDARA, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE CHAIRMAN KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMSSION DISTRICT OFFICE, CORPORATION BUILDING, ANDAMUKKOM, KOLLAM. STANDING COUNSEL MR.ALEXANDER THOMAS FOR KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010 ALONG WITH WPC NO. 21670 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) Nos.20363 & 21670 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of August 2010 J U D G M E N T Public Service Commission published notifications inviting applications for appointment to the post of Driver in various districts. In so far as the petitioners in W.P.(C) No.20363 of 2010, they submitted applications for the post of Drivers in Kollam District and the petitioners in W.P.(C) No.21670 of 2010 were applicants in Kasargod district. 2. The case of the petitioners, to be brief, is that, for the 'H' test conducted as a part of the practical test, the vehicle provided by the P.S.C. was mechanically defective and therefore they could not complete the test successfully. The petitioners in W.P.(C)No.20363 of 2010 also have a case that the instructions for the test were relaxed for candidates, who appeared for the test after them. W.P.(C) Nos.20363 & 21670 of 2010 -: 2 :- 3. The P.S.C has filed affidavit in this case. According to the P.S.C., the fitness of the vehicle was certified by the Officer of the Motor Vehicles Department and the test was conducted under the supervision of the P.S.C. by an Officer from the Motor Vehicles Department and another Officer from the KSRTC. 4. Various factual allegations have been raised by the petitioners against the validity of the practical tests that have been conducted by the PSC. Since the allegations raised by the petitioners are factual in nature and in the light of the denial made by the P.S.C., this Court will not be in a position to adjudicate the issue, on the materials now produced. It is seen that the petitioners have already raised their grievances before the Chairman of the P.S.C. Ext.P18 series are the complaints of the petitioners in W.P.(C) No.20363 of 2010 and Ext.P4 is the complaint filed by the petitioners in W.P.(C)No.21670 of 2010. Having regard to the pendency of the aforesaid complaints made by the W.P.(C) Nos.20363 & 21670 of 2010 -: 3 :- petitioners, I direct the 1st respondent that, either by himself or by any Officer nominated by him, to enquire into the allegations made by the petitioners and if the complaints are found to be true, take necessary steps for the redressal of the grievance. Such an enquiry in the matter shall be conducted and concluded and the dispute in this respect shall be settled as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment along with a copy of these writ petitions. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE. Jvt