RAJESH KUMAR B Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD Mr. R. Krishna Raj for appellant and Mr. O. V. Radhakrishnan, standing counsel for the respondent.

(2.) THE above Writ Appeal has been filed against the judgment dated June 24, 1998 in O. P. 9161/1998 of C. S. Rajan, J. a learned Judge of this Court dismissing the Original Petition on the ground that the appellant did not possess the required driving licence as on August 30, 1995, the last date of receipt of the application.

(3.) THE appellant filed the Original Petition to direct the Public Service Commission to consider his name for selection to the post of Assistant Motor Vehicle Inspector in the Motor Vehicles Department as notified in the Gazette dated July 18, 1995 and to quash Ext. P1 and to grant such other reliefs. According to the appellant he was issued with hall ticket and he attended the written examination. At the time of applying for the post he was having a Learner's Licence for Heavy Passenger Motor Vehicles and Heavy Goods Vehicles. But he obtained valid driving licence before attending the written examination. While the appellant was expecting the call for interview, he was served with a memo on September 3, 1996 informing him that his application for selection to the post of Assistant Motor Vehicles Inspector stands rejected since he had no valid driving licence for Heavy Goods Vehicle/heavy Passenger Vehicle on the last date for receipt of application for the post viz. , August 30, 1995. According to the appellant the respondent cannot reject his application on the ground that he had no licence for driving Heavy Passenger Vehicle and Heavy Goods Vehicle on the date of application and actually the appellant got the endorsement as to licence of Heavy Vehicles on October 25, 1995 i. e. before the examination which was held only on January 20, 1996. The appellant filed O. P. 9161/1998 and this Court on June 24, 1998 dismissed the O. P. and aggrieved by the same he filed the above Writ Appeal. Learned counsel for the appellant submitted that even though he had only learner's licence for driving Heavy Goods Vehicle/heavy Passenger Vehicle on the date of application he obtained valid driving licence even before he had written the examination and in this situation there is no justification in rejecting the application of the appellant by the respondent on the sole ground that the appellant had no driving licence on the date of application. He also submitted that the rejection of his representation on this ground is illegal. We have perused Ext. P1. Under annexure A1 the appellant was informed that his application for selection to the post stands rejected on the following reasons:-