BABU Vs. KPSC

JUDGEMENT

(1.) "the petitioner challenges Ext. P2 communication issued by the Public Service Commission rejecting his application for appointment as Driver in the Kerala State Road Transport Corporation on the ground that he does not have the prescribed qualification.

(2.) THE petitioner obtained Light Motor Vehicle Driving licence on 30. 8. 1980. He got endorsement to drive Heavy Transport Vehicle on 4. 7. 1981. THE last date of receipt of application was 5. 8. 1992. After that date the petitioner got endorsement enabling him to drive Heavy Goods Vehicle and heavy Passenger Vehicle on 1. 4. 1996.

(3.) ANOTHER learned judge of this Court in O. P. No. 28544/2000 following the decision in Divakaran v. Kerala Public Service commission has held that the petitioner therein is qualified. But the learned counsel for the P. S. C. points out that the application in that case was rejected mainly on the ground that the endorsement was not legible. Therefore the P. S. C. did not choose to file an appeal as the petitioner therein was eligible for being considered for selection, though for reasons different from those stated by the learned Single Judge. Learned counsel for the P. S. C. took me through Ss. 9 and 10 of the Motor Vehicles Act, 1988 dealing with the grant of driving licence and submitted that the decision of the learned Single Judge in Divakaran v. Kerala Public Service Commission does not laid down the correct legal position. I find considerable force in the submission of the learned counsel for the P. S. C. that the petitioner is not having the qualification prescribed, which is contained in the notification. In the absence of any provision for considering any equivalent qualification this Court may not be justified in saying that the endorsement of heavy transport vehicle should be treated as equivalent to heavy goods vehicle and heavy passenger vehicle.