MAHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner applied for the post of Driver Grade-II (LDV) in response to Ext. P1 P.S.C. notification. The prescribed qualifications required, among other things. that the candidate must possess valid driving licence of three years standing to drive Light Motor Vehicles with driver's badge and proficiency in driving Light Motor Vehicles (to be proved by a practical test conducted by the P.S.C. during the course of selection). Petitioner possessed valid driving licence of three years standing with driver's badge on the date of the notification as well as on the last date fixed for receipt of applications. However, the badge had expired by efflux of time when he appeared for the proficiency test on 2.6.2010. On his application, Motor Vehicle Department renewed the badge with effect from 4.6.2010. P.S.C. refused to accept him as a qualified candidate. He challenged it before the State Administrative Tribunal. That failed. Hence, he challenges Tribunal's decision invoking Art. 227 of the Constitution. Petitioner's learned counsel argued that the badge having been renewed by the Motor Vehicle Department, such renewal ought to be treated as from the date of expiry of the badge and thus, the badge ought to have been treated as live throughout. He made reference to S. 15 of the Motor Vehicles Act, 1988, for short, the "M.V. Act", to argue that when an application for renewal is made within a period of thirty days after the date of its expiry, renewal shall be effected with effect from the date of its expiry and therefore, renewal of the badge by the Motor Vehicle Department should be treated to have been from the date of its expiry. Thus, it is argued that the badge should have been treated as current as on the date of the proficiency test.

(2.) Learned counsel for P.S.C. argued that the prescriptions in the notification issued by it would govern matters relating to selection and its operation cannot be made dependent on any presumptive situation on the basis of the provisions of the M.V. Act or of the Kerala Motor Vehicles Rules, 1989, for short, the "M.V. Rules", made thereunder. He pointed out that S. 15 of the M.V. Act relating to renewal of licence does not apply to badges' which are mandatory in terms of the M.V. Rules authorising one to drive transport vehicles.

(3.) At the outset, we may note that the petitioner does not challenge either the notification issued by the P.S.C. or the relevant recruitment rules. Not only that, he applied for, and participated in the selection as per that notification.