KERALA PUBLIC SERVICE COMMISSION Vs. BIJJU

JUDGEMENT

(1.) The Public Service Commission is the appellant. The first respondent herein was the writ petitioner. The point that arises for decision in this appeal is whether the proviso to S.14(2) of the Motor Vehicles Act, 1988 (hereinafter referred to as the "M.V. Act") will apply while considering the validity of a driving licence, when recruitment to the post of Driver in KSRTC is made.

(2.) The Public Service Commission invited applications for appointment to the post of Driver in the Kerala State Road Transport Corporation by Ext. P4 notification. The last date for submission of applications was 31/01/2005. One of the essential qualifications prescribed was that the applicant should possess a valid driving licence with endorsement to drive heavy duty vehicles and should have completed seven years after getting the driving licence. He should also have completed at least three years after getting the endorsement to drive heavy duty vehicles in the licence. The notification further stipulated that the driving licence issued after 16/01/1979 must have endorsement both for heavy goods and heavy passenger vehicles. The driving licence should be a current one on the date of the application also. The petitioner submitted his application in time. He was considered for selection. Finally, when the rank list was published as per Ext. P7, his name was included among the persons whose results were withheld. Feeling aggrieved by the same, the writ petition was filed.

(3.) The writ petitioner contended that though the licence to drive transport vehicles expired on 21/01/2005, it remained valid for a further period of one month, by virtue of S.14(2) of the M.V. Act. He later got it renewed for a further period of three years upto 03/04/2008. His licence to drive motor vehicles other than transport vehicles was valid upto 01/05/2010. As evident from Exts. P2 and P3, he had got necessary endorsement, enabling him to drive heavy goods and heavy passenger vehicles with effect from 04/10/1996. The said endorsement has no time limit. In view of the above position, the petitioner contended that he was qualified to apply for the post.