SIRAJUDHEEN Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) As per Ext. P1 notification the qualification for appointment to the post of Assistant Motor Vehicle Inspector are as follows:

(2.) The petitioner appeared for the examination for obtaining Diploma in Automobile Engineering on 13.4.1994. The result of the examination was published on 5.9.1994. The petitioner's certificate showed that he had one year experience from 1.6.1994 to 17.8.1995. The last date for receipt of the application by the P.S.C. was 30.8.1995. The petitioner applied on 18.8.1995. Though the petitioner appeared for the written test and interview (pursuant to the direction of this Court), he was told that his experience from 1.6.1994 to 17.8.1995 would not be reckoned because the experience must be one which he acquired after obtaining the Diploma.

(3.) Therefore, the only question to be decided in this Original Petition is that whether the relevant rules insist that the experience must be one which was acquired after obtaining the qualification of Diploma. According to the petitioner, neither the Special Rules for the Kerala Transport Subordinate Service nor the Rules framed under the Central Motor Vehicles Act stipulate that the experience must be before the acquisition of the Diploma qualification. The workshop experience has not been prescribed under the Special Rules framed by the State Government. It is by a notification issued by the Central Government by virtue of the powers conferred under S.213 of the Motor Vehicles Act that the above experience has been prescribed. There is no stipulation in the notification that the workshop experience must be before the acquisition of the Diploma. Therefore, according to the petitioner, the PSC was wrong in insisting that the petitioner must acquire the above qualification before he acquired the Diploma qualification.