SUBHASH KIZHAKKEVEETTIL Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The question which arises for consideration in this Writ Petition is whether, when a selection notification issued by the Public Service Commission prescribes minimum age limit as well as experience qualifications for the post, the Commission can insist that the experience qualification shall be one obtained by the candidate after he attained the minimum age prescribed for candidature.

(2.) The Petitioner is aggrieved by Ext. P-11 order of the 1st Respondent- P.S.C. rejecting his application for selection to the post of Blacksmith Grade II in the 2nd Respondent- K.S.R.T.C. Ext. P-2 notice dt. 18-6-2003 was issued to the Petitioner stating that he has not produced certificate regarding the requisite experience in the prescribed form. In response to Ext. P-2, Petitioner submitted Ext. P-3 Certificate dt. 24-6-2003. Noticing that notwithstanding Ext. P-3 his name was not short listed, he submitted Ext. P-4 representation and came to know that his non-inclusion was for the reason that the experience certificate produced by him was not in the prescribed form. Seeking inclusion of his name in the short list, Petitioner filed W.P. (C) No. 21136 of 2004 before this Court. That Writ Petition was disposed of by Ext. P-7 judgment clarifying that if the Petitioner produces a proper certificate as per the conditions prescribed by the selection notification within one week from that day the P.S.C. will process the same in accordance with law for the purpose of selection. Ext. P-9 is copy of the experience certificate which was produced by the Petitioner pursuant to Ext. P-7. Ext. P-10 is copy of the registration certificate pertaining to the institution where the Petitioner gained his experience. The Petitioner complains that notwithstanding the submission of Exts. P-9 and P-10 the P.S.C. did not take any decision for a long time thereby compelling him to file a contempt case before this Court. After receipt of notice in the contempt case, Ext. P-11 letter has been issued intimating the Petitioner of the decision to reject the Petitioner's candidature.

(3.) Impugning Ext. P-11 on various grounds the Petitioner prays for: