K.S.SUBRAMANYAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Original Petition (KAT) is filed challenging the order of the Kerala Administrative Tribunal in O.A.No.391/2018. The petitioner was the applicant before the Tribunal. The petitioner approached the Tribunal aggrieved by non-inclusion of his name in the rank list for the post of Driver Gr.II (LDV) in various departments. The Tribunal, having found that the petitioner did not possess the requisite qualification as on the last date prescribed by the notification, rejected the Original Application holding that in terms of the relevant notification, the petitioner was required to possess the required qualification on the last date prescribed for applying, in terms of the notification and also during the entire process of selection. This order of the Tribunal is challenged before us.

(2.) Smt. Sherly M. Thomas, the learned counsel appearing for the petitioner would contend that the petitioner was having a valid driving licence from 2006 till 2016. She would attempt to show from Annexure- A2 that the petitioner had a driver's badge for the period from 8.2.2011 to 7.2.2014 and thereafter from 23.5.2014 to 22.5.2017. She would contend that the petitioner scored 64 marks in the test conducted by the Public Service Commission and that a candidate, who scored only 39 marks was included in the main list and that a candidate who is having only 27 marks also came to be included in the supplementary list. She would refer to Ext.P7 which is a communication issued by the Public Service Commission on 7.11.2018 to state that the requirement of badge for selection of Driver had been removed. She would also refer to the orders of the Kerala Administrative Tribunal in O.A.Nos.696/2016 & 410/2010 to contend that the persons similarly placed had been granted relief by the Tribunal.

(3.) Sri. P.C. Sasidharan, the learned Standing Counsel appearing for the Kerala Public Service Commission would contend that the terms of the notification issued in this case are extremely clear and that there is no question of there being any ambiguity in the matter. He would submit that the notification was published in the Kerala Gazette dated 15.3.2014 with the last date fixed for receipt of application as 16.4.2014. He would submit that the Special Rules (the qualifications are fixed through executive orders and not through Rules framed under the Kerala Public Services Act) fixing qualifications etc., for the post of Drivers (LDV) in various Departments provide as follows:-