JAYAN C. v. KERALA PUBLIC SERVICE COMMISSION

R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-05-2012, ALONG WITH WP(C) NOS.10713/12, WP(C) NO. 11976/12 & WP(C) NO. 12036/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 10065 of 2012 (G) PETITIONERS' EXHIBITS : APPENDIX EXT.P1 : TRUE COPY OF THE DRIVING LICENCE ALONG WITH THE ENDORSEMENT OF LICENSES ISSUED FROM 2001 AND BADGE ISSUED ON 23.6.2003. EXT.P2 : TRUE COPY OF THE ADMISSION TICKET THAT HAS BEEN ISSUED TO THE PETITIONER FOR THE CATEGORY NO.196/2010. EXT.P3 : TRUE COPY OF THE ADMISSION TICKET THAT WAS ISSUED FOR THE 'H' TEST. EXT.P4 : TRUE COPY OF THE PUBLICATION EFFECTED WHICH IS DOWN LOADED FROM THE WEBSITE. EXT.P5 : TRUE COPY OF THE RELEVANT EXTRACT APPEARING IN MATHRUBHUMI THOZHILVARTA OF THE SHORT LIST ISSUED BY THE 1ST RESPONDENT SHOWING THAT THE PETITIONER'S RESULT IS WITHHELD. EXT.P6 : TRUE COPY OF THE RELEVANT EXTRACT APPEARING IN MATHRUBHUMI THOZHILVARTA OF THE INTIMATION REGARDING THE DATE TO APPEAR IN THE WRITTEN EXAMINATION. RESPONDENTS' EXHIBITS : EXT.R1(a) COPY OF THE NOTIFICATION. //TRUE COPY// P.S. TO JUDGE Mn Thottathil B.Radhakrishnan & K.Vinod Chandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.10065 of 2012-G, 10713 of 2012-L, 11976 of 2012-V & 12036 of 2012-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of May, 2012. Thottathil B.Radhakrishnan, J. Judgment

1.This bunch of writ petitions is referred to the Division Bench by learned single Judge apparently under the impression that there is some worth in the arguments advanced before that learned brother attacking the correctness of the judgment of the Division Bench in W.A.No.592 of 2012 in which the same issue had arisen for consideration.

2.Though, as rightly indicated to us, a bunch of decisions by the Full Bench of this Court has laid parameters for reference of questions of law WPC10065/12 & con.cases -: 2 :- to the Division Bench and to the Full Bench, we deem it appropriate to straightaway look into the issue focused before us by the learned counsel for the petitioners.

3.Petitioners aspire to be Reserve Drivers in Kerala State Road Transport Corporation. They applied in terms of a notification issued by the Public Service Commission. The last date for submission of applications was 18.8.2010.

4.We may state at the outset that to our specific query in that regard, learned counsel for the petitioners say that their clients do not have the case that the qualification prescribed in the notification of the PSC is different from the qualification prescribed by KSRTC as per its regulations or notifications. The rules or regulations which prescribe the qualifications are those issued by the KSRTC in terms of the authority available to it under the State Road Transport Corporations Act. Those regulations or rules are therefore statutory. We cannot ignore them. WPC10065/12 & con.cases -: 3 :-

5.The substance of the arguments before us revolves around the interpretation of the qualification prescribed for the post in the notification of PSC, which reads as follows: “7. Qualifications:-

1. Pass in Standard IV Must possess a valid Motor Driving Licence with endorsement to drive Heavy Duty Vehicles and should have completed seven (7) years after getting the driving licence with three (3) years or more should be the period after taking Heavy Duty Vehicles Licence. Driving Licence issued after 16.01.1979 must have endorsements both for Heavy goods and Heavy Passengers Vehicles and the application having Licence with only one endorsement will be summarily rejected (Vide amendment No.47/78 to the Motor Vehicle Act). The Driving Licence should be a current one on the date of application. Note: (1) The conditions regarding the completion of seven years after getting the licence of which at least e years should be WPC10065/12 & con.cases -: 4 :- after taking Heavy Duty Vehicles Licence, is not applicable in the case of Ex-servicemen if they possess current Heavy Duty Vehicles licence and Military service for seven (7) years as M.T.Driver. (2) Proficiency in driving is to be proved by a practical test to be conducted by the Kerala Public Service Commission during the course of selection.”

6.The afore-quoted prescription as to possession of driving licence requires the possession of valid Motor Driving Licence with endorsement to drive heavy duty vehicles. That should be available as on the last date fixed for application. It is also the requirement that an applicant should have completed seven years after getting the driving licence and three years or more during the period after having the Heavy Duty Vehicle Licence. The words “driving licence” occurring in the second limb of the aforesaid prescription are nothing but made with specific reference to “valid Motor Driving Licence” as stated in the first limb. There is no other way to read the afore-quoted prescription as to WPC10065/12 & con.cases -: 5 :- qualification. To read it otherwise, would be violence to the plain meaning of the words used in a notification which is admittedly issued in terms of the statutory prescriptions.

7.With the aforesaid, we would recall the aforesaid judgment of the Division Bench in W.A.No.592 of 2012 and follow the same. This leads to nothing but the dismissal of these writ petitions. We are, however, earnestly persuaded by the learned counsel for the petitioners to desist from imposing any order of costs. In the result, these writ petitions are dismissed. No costs. Judge. Thottathil B.Radhakrishnan, Sha/050612 K.Vinod Chandran, Judge.