ANIL KUMAR Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned counsel for the Kerala Public Service Commission.

(2.) THIS writ appeal has been filed against the judgment dated 25th July 2013 in W.P.(C) No. 2530/2013, by which, the writ petition filed by the appellant challenging the order of Kerala Public Service Commission (for short 'the Commission') rejecting the candidature of the petitioner has been upheld. The petitioner -appellant applied for appointment to the post of Driver Grade II in response to the notification dated 12.11.2007. He also appeared in the written test conducted on 23.1.2010. Later, his candidature was cancelled as per Ext. P2 for the reason that the badge was not valid on the date of written examination on 23rd January, 2010. The order of the Commission dated 10.10.2012 was impugned by the petitioner in the writ petition. The learned Single Judge, relying on two judgments of this Court as referred to in the judgment, dismissed the writ petition upholding the order of the Commission.

(3.) LEARNED standing counsel for the Commission refuted the submission contending that the case is fully covered by the Division Bench judgment in Maheen M. v. State of Kerala and others, : 2013 (3) KHC 209 (DB), which was also a case where the candidate was not qualified on the relevant date and the case also relates to the qualification pertaining to the badge.