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High Court of KeralaWP(C)/8885/2015disposed of

Ratheesh S.R. v. The Secretary

2015-03-30Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No.8885 of 2015 (I) ------------------------------------ PETITIONER:

------------------- RATHEESH S.R,S/O.SASIDHARAN,AGED 28 YEARS, RESIDING AT ADIYILA VEEDU,CHOOZHA,CHANGA P.O. BY ADV.SRI.H.SHAJILKHAN RESPONDENTS:

------------------------ 1.

THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM-695004.

2.

ASST.LABOUR OFFICER,ATTINGAL, THIRUVANANTHAPURAM,PIN-695 101.

3.

ADMINISTRATIVE OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PAPPANAMKODE,THIRUVANANTHAPURAM.

R1 BY SRI.P.C.SASIDHARAN,SC,KPSC R2 BY GOVT. PLEADER SRI.GIKKU JACOB.

R3 BY SRI.M.GOPIKRISHNAN NAMBIAR,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, ALONG WITH WPC.8941/2015, WPC.8993/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pk

WP(C).No.8885 of 2015 (I) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EDT.P-1:TRUE COPY OF NOTIFICATION PUBLISHED BY IST RESPONDENT DATED 30.12.2009.

EXT.P-2:TRUE COPY OF SHORTLIST PUBLISHED BY IST RESPONDENT DATED 17.1.2014.

EXT.P-3:TRUE COPY OF SSLC CERTIFICATE OF THE PETITIONER. EXT.P-4:TRUE COPY OF NATIONAL TRADE CERTIFICATE (PROVISIONAL). EXT.P-5:TRUE COPY OF NATIONAL TRADE CERTIFICATE. EXT.P-6:TRUE COPY OF EXPERIENCE CERTIFICATE.

EXT.P-7:TRUE COPY OF RANK LIST PUBLISHED BY IST RESPONDENT DATED 13.2.2014.

EXT.P-8:TRUE COPY OF WITHHELD LIST.

EXT.P-9:TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER. EXT.P-10:TRUE COPY OF THE LETTER ISSUED BY THE IST RESPONDENT DATED 1.1.2015.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

V.CHITAMBARESH, J.

--------------------- W.P (C) Nos.8885, 8941 & 8993 of 2015 --------------------- Dated this the 30th day of March, 2015

J U D G M E N T

The issue is covered by the judgment dated 12.3.2015 in W.P(C) No.33110/2014.

It is the subjective satisfaction of the countersigning officer that matters in issuing the experience certificate relied on by the petitioners. I am not persuaded to take a different view in these three writ petitions regarding the acceptance of the experience certificates.

2. The judgment in W.P.(C) No.33110/2014 concludes as follows:- "5. I do feel that the petitioners cannot be eschewed from the zone of consideration on that count. The experience certificates produced by them shall be treated as valid for the recruitment in question. The name of the petitioners shall be included in the ranked list published by the Kerala State Road Transport Corporation.

This however shall not affect the position of the persons already included in the ranked list. This is because none of the persons in the ranked list have been included in a representative capacity."

3. The directions therein will govern the

WP(C) Nos.8885, 8941 & 8993/2015 petitioners also. I also take note of the fact that the applicants are few in number when compared to the vacancies in that cadre available.

The Writ Petitions are accordingly disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.