Kerala High Court
Elizabath A vs Kerala Public Service Commission on 27 July, 2011
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20442 of 2011(E)
1. ELIZABATH A., KULAMUTHAN HOUSE,
... Petitioner
2. SEENA THOMAS, PANDTHUKARAN HOUSE,
3. MARCELINE P., KOVILMANIUM HOUSE,
4. LINCY I., KOZHIPPARA, KOZHIPPARA P.O.,
5. JANCY SHANTHI M., SHANTHI NIVAS,
6. A.SELVARAJA, KAVITHA STORE, SURIANALLY
7. JEEBA K.R., HARIDAS MANDIRAM,
8. VINI M., NEAR POST OFFICE,
9. RAMYA V., NELLIMEDU, KANNIMARI P.O.,
10. PADMAPRIYA G., 8/145A, 'SREELAKSHMI',
11. M.GNANAMBIKA, AMBATTUPALAYAM,
12. ABUTHAIER A., 1/875, MOONGILMADAI,
13. DEEPA S., 11/588, PENSION STREET,
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE SECRETARY, KERALA PUBLIC SERVICE
3. THE STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :27/07/2011
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.20442 OF 2011
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Dated this the 27th day of July, 2011.
J U D G M E N T
The petitioners herein are Graduates in Mathematics with B.Ed Degree in Mathematics in the medium of Tamil. It is submitted that they are eligible to be appointed as High School Assistants (Mathematics) in Tamil Medium. Ext.P1 is the notification dated 27.02.2007 issued by the Public Service Commission for appointment in the post of H.S.A (Mathematics) in Tamil medium.
2. The case of the petitioners is that subsequently the Government has upgraded so many schools in Kasaragod, Wayanad and Palakkad Districts under the Rashtriya Madhyamic Shiksha Abhiyan scheme as evident from Ext.P2 and the number of vacancies may be more by now. Their case appears to be that they became qualified for the post only after the publication of Ext.P1 notification and in view of the fact that the selection process is still pending finalisation even after four years, the W.P.(C) No.20442/2011 2 opportunity of persons like the petitioners has been affected. Accordingly, they pray that a direction may be issued to modify Ext.P1 notification for enabling the petitioners also to take part in the selection process and are seeking other reliefs also.
3. Learned counsel for the petitioners submitted that practically by now nearly five years have elapsed after the publication of the notification and therefore, the persons like the petitioners will have to wait for more years for participating in the selection process, if any, initiated afresh. Therefore, it is a fit case which requires interference by this Court, submits the learned counsel.
4. Learned Standing Counsel for the Public Service Commission submitted that the selection process is an ongoing one and any selection can be made only in terms of the qualification as per the prescriptions in the notification and therefore, the petitioners cannot seek any action from the Public Service Commission to allow them to participate in the selection process.
Evidently, all the petitioners have acquired the qualification W.P.(C) No.20442/2011 3 after Ext.P1 notification was issued and they are not obviously applicants for the post as of now. The assumed delay in the selection process cannot help them because the Public Service Commission has initiated the process in terms of the Rules of procedure and has taken up various steps in the matter. Evidently, there cannot be any grievance for the petitioners against Ext.P1 notification and hence the grievance raised herein cannot survive and the relief sought for cannot be granted by this Court also. If any fresh notification is issued, the eligible among the petitioners can submit the application in terms of such a notification.
Therefore, this writ petition is dismissed.
T.R. RAMACHANDRAN NAIR JUDGE smp