Jeneesh Kumar P vs The Commissioner
2023 Latest Caselaw 5821 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                        WP(C) NO. 16177 OF 2023
PETITIONER:

          JENEESH KUMAR P
          AGED 43 YEARS
          S/O NALINI P, PATTUVAKKARAN HOUSE, VENGARA P O, KANNUR,
          PIN - 670305

          BY ADVS.
          V.C.SARATH
          MANJUSHA K



RESPONDENTS:

    1     THE COMMISSIONER
          KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM
          PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004

    2     KERALA PUBLIC SERVICE COMMISSION
          , THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM
          REPRESENTED BY THE SECRETARY, PIN - 695004


OTHER PRESENT:

          SRI.P.C.SASIDHARAN, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.16177 of 2023

                                        2

                  P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.16177 of 2023
           ---------------------------
             Dated this the 24th day of May, 2023

                                 JUDGMENT

The writ petition is filed with the following prayers:-

a) issue a direction in the nature of mandamus or any other writ directing the respondents to make necessary changes in Exhibit P3 notification with regard to age limit so that the petitioner can also be incorporated.

b) Dispense with the translation of documents produced as Exhibits in vernacular language.

2. According to the petitioner, he is qualified with

M.Com, B.Ed, SET and PGDCA from IHRD. The respondents

issued a notification inviting application for the post of Non-

Vocational Teacher (Junior) in General Foundation Course.

According to the petitioner, he is fully qualified for the post.

But in the notification, it is stated that the age limit for

applying for the post is to be calculated as on 02.01.1983.

The petitioner belongs to Thiyya community and according

to the petitioner, if it is 01.01.1980, he will get the benefit

of concession in the upper age limit. The petitioner W.P (C) No.16177 of 2023

submitted Ext.P6 before the 2 nd respondent. The grievance

of the petitioner is that the same is not considered.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the

respondents.

4. The counsel for the petitioner reiterated the

contentions raised in this writ petition.

5. The learned Standing Counsel appearing for the

respondents submitted that the petitioner has not even

impleaded the government in this case and the notification

is issued in accordance with special rules. The learned

Standing Counsel submitted that the Public Service

Commission cannot do anything in this matter

6. I do not want to make any observations about

merit or or demerits. When a representation is received by

the 2nd respondent, the 2nd respondent is duty bound to

pass orders in it, in accordance with law and communicate

the same to the petitioner. There can be a direction to the

2nd respondent to consider Ext.P6 and pass appropriate

orders in it and communicate the same to the petitioner.

Therefore, this writ petition is disposed of with the following W.P (C) No.16177 of 2023

directions:-

i) The 2nd respondent is directed to consider

Ext.P6 and pass appropriate orders in it, as

expeditiously as possible, at any rate, within two

weeks from the date of receipt of a copy of this

judgment.

ii) The 2nd respondent will communicate the order

passed in Ext.P6 to the petitioner forthwith.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

bng W.P (C) No.16177 of 2023

APPENDIX OF WP(C) 16177/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FRONT PAGE OF SSLC CERTIFICATE SIGNED BY THE HEADMASTER GOVERNMENT BOYS HIGH SCHOOL, MADAYI, PAYANGADI EVIDENCING AGE OF THE PETITIONER

Exhibit P2 TRUE COPY OF NON-CREAMY LAYER CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MADAYI VILLAGE OFFICE DATED 7- 3-2023

Exhibit P3 TRUE COPY OF NOTIFICATION ISSUED BY THE 2ND RESPONDENT AS CATEGORY NO. 032/2023 DATED 29-4-2023

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF GENERAL INSTRUCTIONS TO THE CANDIDATES ISSUED BY THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF NOTIFICATION ISSUED BY KERALA STATE CO-OPERATIVE SOCIETIES EXAMINATION BOARD DATED 24-4-2023

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED VIA EMAIL BEFORE THE 2ND RESPONDENT DATED 18-5-2023

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 18-5-