BIJU K.S Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Subject matter involved in these Writ Petitions pertains to rejection of candidature for direct recruitment to the post of 'Reserve Drivers' in the Kerala State Road Transport Corporation (K.S.R.T.C.). The selection process started when Public Service Commission (P.S.C.) published Notification dated 15.7.2010 inviting applications. The reason for rejection of candidature in all these cases is that, the petitioners were not holding valid heavy vehicle Driving Licences as on the last date prescribed for receipt of applications, as on the date of practical test, and as on the date of interview. Even though factual matrix pertaining to validity of licence in each case differs to certain extent, the basic issues common in all these cases need be decided. Therefore all these cases are considered together and disposed of through this common judgment. However, it is proposed to render separate conclusions based on distinct facts in each of the cases, after deciding the common issues. In the Notification issued by P.S.C. (Exhibit P1 produced in many of the cases) one among the qualification prescribed is as follows:

(2.) Grounds raised against rejection of candidature are many folded. One of the main controversy is as to whether the candidates should possess valid licence as on the last date prescribed for receipt of applications, as on the date of practical test, and as on the date of interview. Stand taken by the P.S.C. is that, the candidates should have possessed valid licences as on all the three dates. According to P.S.C., such an insistence was made through an Erratum Notification issued on 13.10.2010. The petitioners in all these cases, except in W.P.(C) Nos. 14336 of 2012, 1077 of 2012, 15811 of 2012 and 19893 of 2012, are challenging sustainability of the Erratum Notification. Eventhough in most of the cases there is no prayer as such to quash the Erratum Notification, I am of the view that a decision on this point is essential in order to resolve the main controversy.

(3.) Even with respect to contents of the 'Erratum Notification' there is inconsistency. Copies of the Kerala Gazette Extra Ordinary, dated 15th November, 2010, both in English and Malayalam are produced for my perusal. Both will indicate that the conditions stipulated in Clause 7(1) of the original Notification that, "The driving license should be a current one on the date of application" stands corrected. The corrected version in the Gazette Notification published in English is reproduced below: