HONEY S.R. PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners.

(2.) PETITIONERS applied in response to notification by the Kerala Public Service Commission, for short, 'PSC', which had prescribed 16.5.2012 as the last date for submission of applications, for being considered to the post of lecturer in 'Rachana Sharir'. That time limit was extended by a general notification upto 6.6.2012. This means that any person, who had acquired the prescribed qualification before that date, could also apply.

(3.) PSC issued Addendum Notification No. GR II C (4) 30808/10/GW dated 26th December, 2012 in view of G.O.(Ms.) No. 28/2012/P & ARD dated 20.6.2012. That addendum notification was issued in the light of the fact that the upper age limit of candidates for applying for the posts enumerated in that addendum notification stood enhanced by one year as per the aforesaid Government Order. The time limit for receipt of application for the pots enumerated in that addendum notification was modified to be from 31.12.2012 to 15.1.2013. That addendum notification also clearly stated that only the candidates who could not apply for the posts enlisted in that notification by reason of being over -aged as per the Extraordinary Gazette Notifications dated 16.4.2012, 24.4.2012, 30.4.2012, 15.6.2012 and 15.9.2012, shall apply for the posts as per that addendum notification and that the applications received otherwise will be summarily rejected. All the other conditions of the aforesaid five notifications remained unchanged, even going by the express terms of the said addendum notification. Obviously therefore, the benefit of that addendum notification would accrue only as regards the candidates who were over -aged in terms of the original notifications referred to therein, and were qualified in terms of the last date fixed as per notifications referred to therein. The reason for that addendum notification was to bring in the candidates who were at the point of time of the original notification over -aged but could be given an opportunity to compete in the selection, because the Government had by that time made an upward revision of the date of retirement of Government servants. Hence, the addendum notification had only brought in to the field of choice of the candidates who were over -aged. That, in no manner, had diluted the requirement of those candidates who ought to have acquired the prescribed qualification on or before 6.6.2012, which was the first extended date, since that extension was a general one to all candidates.