LAWS(KER)-2007-10-4

VIVEK Vs. KERALA PUBLIC SERVICE COMMISSION

Decided On October 09, 2007
VIVEK Appellant
V/S
KERALA PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) Writ petition was preferred by the appellant herein seeking a declaration that R.5 of the Rules for the Kerala Vocational Higher Secondary State Service, 2004 prescribing 23 years as the minimum age limit for appointment to the post of Vocational Teacher is illegal and unconstitutional and also for other consequential reliefs.

(2.) Kerala Public Service Commission published a notification inviting applications for the post of Vocational Teacher in Textile Technology (Textile Weaving and Textile Dying and Printing). Petitioner also preferred an application pursuant to the above mentioned notification. However, his application was rejected by the Public Service Commission by its order dated 25.7.2005 on the ground that the petitioner did not satisfy the 23 years of age prescribed in the Special Rules and the notification, as on 1.1.2004. Aggrieved by the same petitioner has approached this Court. Learned Single Judge found no infirmity in the Rule and dismissed the Writ Petition against which this appeal has been preferred.

(3.) Government of Kerala in consultation with the Kerala Public Service Commission framed Special Rules for the Kerala Vocational Higher Secondary Education Subordinate Service and Kerala Vocational Higher Secondary Education State Service, 2004. The posts of Vocational Teacher and Non Vocational Teacher are included in the Kerala Vocational Higher Educational Service. Age limit prescribed for the above two posts is that "no person shall be eligible for appointment by direct recruitment if he has not completed 23 years of age and has completed 39 years on the first day of January in which the applications for appointment are invited."