ASLA NOOR Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Applications were invited on line from qualified candidates for appointment to the post of Assistant Engineer (Civil) in the Kerala Government Service by notification of the Kerala Public Service Commission ('PSC' for short). The notification published in the Extra-ordinary Gazette dated 29.12.2018 mentioned the last date for on line application as 30.1.2019 specifying the category number also. The notification prescribed the age limit for direct recruitment as 21-40 and explicitly stated that only candidates born between 2.1.1978 and 1.1.1997 are eligible to apply. It was also stated therein that usual age relaxation as specified in the General Conditions would be given to candidates belonging to SC/ST and Other Backward Communities.

(2.) The petitioner who was born on 28.2.1997 and acquired a B.Tech degree from the Mahatma Gandhi University with First Class on an average Cumulative Grade Point of 8.46 also attempted to apply on line. But the application could not be uploaded since the software designed refused to accept the same for the reason that the petitioner is a candidate born after 1.1.1997. The contention of the petitioner is that she has completed 21 years of age as on the midnight of 30.1.2019 which is the last date for receipt of the application as per the notification. The Kerala Administrative Tribunal ('Tribunal' for short) refused to countenance the plea of the petitioner and hence this original petition challenging the non-acceptance.

(3.) We heard Mr P.K.Ibrahim, Advocate on behalf of the petitioner and Mr P.C.Sasidharan, Standing Counsel for the PSC as well as Mr T.Rajasekharan Nair, Senior Government Pleader in the case.